23 USC 153 - Use of safety belts and motorcycle helmets

1 See References in Text note below.

of this title to the apportionment of the State under

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsecs. (c) and (i)(3), is the date of enactment of Puspan. L. 102–240, which was approved Dec. 18, 1991.

Section 104 of this title, referred to in subsec. (h)(1), was amended generally by Puspan. L. 112–141, div. A, title I, § 1105(a), July 6, 2012, 126 Stat. 427.

Section 154 of this title, referred to in subsec. (i)(2), was repealed by Puspan. L. 104–59, title II, § 205(d)(1)(B), Nov. 28, 1995, 109 Stat. 577. A new section 154, containing a similar definition of “motor vehicle”, was enacted by Puspan. L. 105–178, title I, § 1405(a), as added Puspan. L. 105–206, title IX, § 9005(a), July 22, 1998, 112 Stat. 843.

Prior Provisions

A prior section 153, added Puspan. L. 93–87, title II, § 210(a), Aug. 13, 1973, 87 Stat. 287; amended Puspan. L. 94–280, title I, § 131, May 5, 1976, 90 Stat. 441, related to a program for the elimination of roadside obstacles, prior to repeal by Puspan. L. 95–599, title I, § 168(span), Nov. 6, 1978, 92 Stat. 2723.

Amendments

2015—Subsec. (h)(2). Puspan. L. 114–94 substituted “paragraphs (1), (2), and (4)” for “paragraphs (1) through (3)”.

2012—Subsec. (h)(1), (2). Puspan. L. 112–141 redesignated par. (2) as (1), substituted “Prior to fiscal year 2012” for “Thereafter” in par. span, inserted “and before October 1, 2011,” after “September 30, 1994,” in text, added par. (2), and struck out former par. (1). Prior to amendment, text of par. (1) read as follows: “If, at any time in fiscal year 1994, a State does not have in effect a law described in subsection (a)(2), the Secretary shall transfer 1½ percent of the funds apportioned to the State for fiscal year 1995 under each of subsections (span)(1), (span)(2), and (span)(3) of section 104 of this title to the apportionment of the State under section 402 of this title.”

1995—Subsec. (h)(1), (2). Puspan. L. 104–59 struck out “a law described in subsection (a)(1) and” after “have in effect”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Effective Date of 1995 Amendment

Puspan. L. 104–59, title II, § 205(e), Nov. 28, 1995, 109 Stat. 577, provided that the amendment made by that section is effective Sept. 30, 1995.

Effective Date

Section effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Puspan. L. 102–240, set out as an Effective Date of 1991 Amendment note under section 104 of this title.

Stop Motorcycle Checkpoint Funding

Puspan. L. 114–94, div. A, title IV, § 4007, Dec. 4, 2015, 129 Stat. 1510, provided that: “Notwithstanding section 153 of title 23, United States Code, the Secretary [of Transportation] may not provide a grant or any funds to a State, county, town, township, Indian tribe, municipality, or other local government that may be used for any program—

“(1) to check helmet usage; or

“(2) to create checkpoints that specifically target motorcycle operators or motorcycle passengers.”

Study of Benefits of Safety Belts and Motorcycle Helmets to Individuals Involved in Crashes

Puspan. L. 102–240, title I, § 1031(span), Dec. 18, 1991, 105 Stat. 1973, provided that:

“(1)In general.—The Secretary shall conduct a study or studies to determine the benefits of safety belt use and motorcycle helmet use for individuals involved in motor vehicle crashes and motorcycle crashes, collecting and analyzing data from regional trauma systems regarding differences in the following: the severity of injuries; acute, rehabilitative and long-term medical costs, including the sources of reimbursement and the extent to which these sources cover actual costs; government, employer, and other costs; and mortality and morbidity outcomes. The study shall cover a representative period after January 1, 1990.

“(2)Report.—The Secretary shall make public a proposed report on the results of the study or studies conducted under this subsection, provide a period of 90 days for public comment on such report, consider such comments, and transmit to Congress a report on the results of such study or studies, together with a summary of such comments, not later than 40 months after the funds for such study are made available by the Secretary.

“(3)Funding.—Of the amounts authorized to be appropriated for fiscal year 1992 or 1993 (or both) to carry out section 153 of title 23, United States Code, the Secretary shall make available $5,000,000 in the aggregate in such fiscal years to carry out this subsection. Such funds shall remain available until expended.”