(Policies in effect on: 1/1/2011)
Federal incentive grants are available to States that, among other possible qualifying activities, carry out programs for training point of sale personnel concerning the clinical effects of alcohol, methods of preventing second-party sales of alcohol, recognizing signs of intoxication, methods to prevent underage drinking, and Federal, State, and local laws relevant to such personnel. 23 U.S.C. § 410; 23 C.F.R. § 1313.6.
FEDERAL CITATIONS AND RELEVANT TEXT EXCERPTS
United States Code,
Title 23 - HIGHWAYS
CHAPTER 4 - HIGHWAY SAFETY
§ 410. Alcohol-impaired driving countermeasures
(a) General Authority.—
(1) Authority to make grants.—Subject to the requirements of this section, the Secretary shall make grants to States that adopt and implement effective programs to reduce traffic safety problems resulting from individuals driving while under the influence of alcohol. Such grants may only be used by recipient States to implement and enforce such programs.
(2) Maintenance of effort.—No grant may be made to a State under this subsection in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for alcohol traffic safety programs at or above the average level of such expenditures in its 2 fiscal years preceding the date of enactment of the SAFETEA–LU.
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(b) Eligibility Requirements.—To be eligible for a grant under subsection (a), a State shall—
(1) have an alcohol related fatality rate of 0.5 or less per 100,000,000 vehicle miles traveled as of the date of the grant, as determined by the Secretary using the most recent Fatality Analysis Reporting System of the National Highway Traffic Safety Administration; or
(2)(A) for fiscal year 2006 by carrying out 3 of the programs and activities under subsection (c);
(B) for fiscal year 2007 by carrying out 4 of the programs and activities under subsection (c); or
(C) for fiscal years 2008 and 2009 by carrying out 5 of the programs and activities under subsection (c).
(c) State Programs and Activities.—The programs and activities referred to in subsection (b) are the following:
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(6) Underage drinking program.—An effective strategy, as determined by the Secretary, for preventing operators of motor vehicles under age 21 from obtaining alcoholic beverages and for preventing persons from making alcoholic beverages available to individuals under age 21. Such a strategy may include—
(A) the issuance of tamper-resistant drivers’ licenses to individuals under age 21 that are easily distinguishable in appearance from drivers’ licenses issued to individuals age 21 or older; and
(B) a program provided by a nonprofit organization for training point of sale personnel concerning, at a minimum—
(i) the clinical effects of alcohol;
(ii) methods of preventing second party sales of alcohol;
(iii) recognizing signs of intoxication;
(iv) methods to prevent underage drinking; and
(v) Federal, State, and local laws that are relevant to such personnel; and
(C) having a law in effect that creates a 0.02 percent blood alcohol content limit for drivers under 21 years old.
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(f) Allocation.—Subject to subsection (g), funds made available to carry out this section shall be allocated among States that meet the eligibility criteria in subsection (b) on the basis of the apportionment formula under section 402(c).
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Code of Federal Regulations
Title 23 - Highways
CHAPTER III - NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 1313—INCENTIVE GRANT CRITERIA FOR ALCOHOL-IMPAIRED DRIVING PREVENTION PROGRAMS
§ 1313.6. Requirements for a programmatic state
To qualify for a grant as a programmatic State, a State must adopt and demonstrate compliance with at least three of the following criteria in FY 2006, at least four of the following criteria in FY 2007, and at least five of the following criteria in FY 2008 and FY 2009:
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(f) Underage drinking prevention program—
(1) Criterion. An effective underage drinking prevention program designed to prevent persons under the age of 21 from obtaining alcoholic beverages and to prevent persons of any age from making alcoholic beverages available to persons under the age of 21, that provides for:
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(ii) A program, conducted by a nonprofit or public organization that provides training to alcoholic beverage retailers and servers concerning the clinical effects of alcohol, methods of preventing second-party sales of alcohol, recognizing signs of intoxication, methods to prevent underage drinking, and relevant laws that apply to retailers and servers and that provides procedures to ensure program attendance by appropriate personnel of alcoholic beverage retailers and servers;
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(3) Demonstrating compliance.
(i) To demonstrate compliance in the first fiscal year under this criterion, the State shall submit sample drivers' licenses issued to persons both under and over 21 years of age that demonstrate the distinctive appearance of licenses for drivers under age 21 and the tamper resistance of these licenses. States shall also submit a plan describing a program for educating point-of-sale personnel that covers each element of § 1313.6(f)(1)(ii). States shall submit a copy of their zero tolerance law that complies with 23 U.S.C. 161. In addition, States shall submit a plan that provides for an enforcement program and communications strategy meeting § 1313.6(f)(1)(iv) and (v).
(ii) To demonstrate compliance in subsequent fiscal years, States need only submit information documenting any changes to the State's driver's licenses or underage driving prevention program, or a certification stating there have been no changes since the State's previous year submission.
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Source for all citations on this page: FDsys, the Federal Digital System of the U.S. Government Printing Office (GPO).
Excerpts from the United States Code are current as of 2009. Excerpts from the Code of Federal Regulations are current as of 2010. Excerpts from Public Laws of Congress are current as of the year of enactment.
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