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intoxicated driving offense. (d) Section 164 Regulation Section 164 Regulation Revised 3/6/01 Final Rule for Section 164 23 CFC Part 1275 PART 1275--REPEAT INTOXICATED DRIVER LAWS Sec. 1275.1 Scope. 1275.2 Purpose. 1275.3 Definitions. 1275.4 Compliance criteria. 1275.5 Certification requirements. 1275.6 Transfer of funds. 1275.7 Use of transferred funds. 1275.8 Procedures affecting States in non-compliance. AUTHORITY: 23 U.S.C. 164; delegationof authority at 49 CFR 1.48 and 1.50. Source: 63 FR 55802, Oct. 19, 1998, asamended at 65 FR 59112, Oct. 4, 2000. Effective Date: October 4, 2000 1275.1 Scope. This part prescribes the requirements necessary to implement Section 164 of Title 23, United States Code, whichencourages States to enact and enforce repeat intoxicated driver laws. 1275.2 Purpose. The purpose of this part is to specify thesteps that States must take to avoid thetransfer of Federal-aid highway funds fornoncompliance with 23 U.S.C. 164. 1275.3 Definitions. As used in this part: (a) Alcohol concentration means grams ofalcohol per 100 milliliters of blood or gramsof alcohol per 210 liters of breath. (b) Driver's motor vehicle means a motorvehicle with a title or registration on whichthe repeat intoxicated driver's name appears. (c) Driving while intoxicated means drivingor being in actual physical control of a motorvehicle while having an alcoholconcentration above the permitted limit asestablished by each State, or an equivalentnon-BAC intoxicated driving offense. (d) Driving under the influence has the samemeaning as ''driving while intoxicated.'' (e) Enact and enforce means the State's lawis in effect and the State has begun toimplement the law. (f) Ignition interlock system means a State-certified system designed to prevent driversfrom starting their car when their breathalcohol concentration is at or above a presetlevel. (g) Impoundment or immobilization means the removal of a motor vehicle from arepeat intoxicated driver's possession or therendering of a repeat intoxicated driver'smotor vehicle inoperable. For the purposeof this regulation, ''impoundment orimmobilization'' also includes the forfeitureor confiscation of a repeat intoxicateddriver's motor vehicle or the revocation orsuspension of a repeat intoxicated driver'smotor vehicle license plate or registration. (h) Imprisonment means confinement in ajail, minimum security facility, communitycorrections facility, house arrest withelectronic monitoring, inpatientrehabilitation or treatment center, or otherfacility, provided the individual underconfinement is in fact being detained. (i) License suspension means a hard suspension of all driving privileges. (j) Motor vehicle means a vehicle driven or drawn by mechanical power andmanufactured primarily for use on public highways, but does not include a vehicleoperated solely on a rail line or a commercial vehicle. (k) Repeat intoxicated driver means a personwho has been convicted of driving whileintoxicated or driving under the influence ofalcohol more than once in any five-yearperiod. (l) Repeat intoxicated driver law means aState law that imposes the minimumpenalties specified in 1275.4 of this partfor all repeat intoxicated drivers. (m) State means any of the 50 States, theDistrict of Columbia or the Commonwealth of Puerto Rico. 1275.4 Compliance criteria. (a) To avoid the transfer of funds asspecified in 1275.6 of this part, a State must enact and enforce a law thatestablishes, as a minimum penalty, that all repeat intoxicated drivers shall: (1) Receive a driver's license suspension of not less than one year; (2) Be subject to either-- (i) The impoundment of each of the driver's motor vehicles during the one-year license suspension; (ii) The immobilization of each of the driver's motor vehicles during the one-year license suspension; or (iii) The installation of a State-approved ignition interlock system on each of the driver's motor vehicles at the conclusion of the one-year license suspension; (3) Receive an assessment of their degree of alcohol abuse, and treatment as appropriate; and (4) Receive a mandatory sentence of-- (i) Not less than five days of imprisonment or 30 days of community service for a second offense; and (ii) Not less than ten days of imprisonment or 60 days of community service for a third or subsequent offense. (b) Exceptions. (1) A State may provide limited exceptions to the impoundment or immobilization requirements contained in paragraphs (a)(2)(i) and (a)(2)(ii) of this section on an individual basis, to avoid undue hardship to any individual who is completely dependent on the motor vehicle for the necessities of life, including any family member of the convicted individual, and any co-owner of the motor vehicle, but not including the offender. (2) A State may provide limited exceptions to the requirement to install an ignition interlock system on each of the offender's motor vehicles, contained in paragraph (a)(2)(iii) of this section, on an individual basis, to avoid undue financial hardship, provided the State law requires that the offender may not operate a motor vehicle without an ignition interlock system. (3) Such exceptions may be issued only in accordance with a State law, regulation or binding policy directive establishing the conditions under which vehicles may be released by the State or under Statewide published guidelines and in exceptional circumstances specific to the offender's motor vehicle, and may not result in the unrestricted use of the vehicle by the repeat intoxicated driver. 1275.5 Certification requirements. (a) Until a State has been determined to bein compliance, or after a State has beendetermined to be in non-compliance, withthe requirements of 23 U.S.C. 164, to avoidthe transfer of funds in any fiscal year,beginning with FY 2001, the State shallcertify to the Secretary of Transportation, onor before September 30 of the previousfiscal year, that it meets the requirements of 23 U.S.C. 164 and this part. (b) The certification shall be made by anappropriate State official, and it shallprovide that the State has enacted and is enforcing a repeat intoxicated driver law thatconforms to 23 U.S.C. 164 and Sec. 1275.4of this part. (1) If the State's repeat intoxicated driverlaw is currently in effect and is beingenforced, the certification shall be worded as follows: (Name of certifying official), (positiontitle), of the (State or Commonwealth) of______, do hereby certify that the (State orCommonwealth) of ______, has enacted andis enforcing a repeat intoxicated driver lawthat conforms to the requirements of 23U.S.C. 164 and 23 CFR 1275.4, (citations topertinent State statutes, regulations, case lawor other binding legal requirements,including definitions, as needed). (2) If the State's repeat intoxicated driverlaw is not currently in effect, but willbecome effective and be enforced byOctober 1 of the following fiscal year, thecertification shall be worded as follows: (Name of certifying official), (positiontitle), of the (State or Commonwealth) of______, do hereby certify that the (State or Commonwealth) of ______, has enacted arepeat intoxicated driver law that conformsto the requirements of 23 U.S.C. 164 and 23CFR 1275.4, (citations to pertinent Statestatutes, regulations, case law or otherbinding legal requirements, includingdefinitions, as needed), and will becomeeffective and be enforced as of (effective date of the law). (c) An original and four copies of thecertification shall be submitted to theappropriate NHTSA RegionalAdministrator. Each Regional Administrator will forwardthe certifications to the appropriate NHTSAand FHWA offices. (d) Once a State has been determined to bein compliance with the requirements of 23U.S.C. 164, it is not required to submitadditional certifications, except that theState shall promptly submit an amendmentor supplement to its certification providedunder paragraphs (a) and (b) of this sectionif the State's repeat intoxicated driverlegislation changes or the State ceases to enforce its law. 1275.6 Transfer of funds. (a) On October 1, 2000, and October 1,2001, if a State does not have in effect or isnot enforcing the law described in 1275.4,the Secretary shall transfer an amount equalto 1 1/2 percent of the funds apportioned tothe State for the fiscal year under each of 23U.S.C.104(b)(1), (b)(3), and (b)(4) to theapportionment of the State under 23 U.S.C.402. (b) On October 1, 2002, and each October1 thereafter, if a State does not have in effector is not enforcing the law described in 1275.4, the Secretary shall transfer anamount equal to 3 percent of the fundsapportioned to the State for the fiscal yearunder each of 23 U.S.C. 104(b)(1), (b)(3),and (b)(4) to the apportionment of the Stateunder 23 U.S.C. 402. (c) On October 1, the transfers to section402 apportionments will be made based onproportionate amounts from each of theapportionments under 23 U.S.C.104(b)(1),(b)(3) and (b)(4). Then the Stateswill be given until October 30 to notifyFHWA, through the appropriate DivisionAdministrator, if they would like to changethe distribution among 23 U.S.C.104(b)(1),(b)(3) and (b)(4). 1275.7 Use of transferred funds. (a) Any funds transferred under 1275.6may: (1) Be used for approved projects for alcohol-impaired driving counter-measures;or (2) Be directed to State and local lawenforcement agencies for enforcement oflaws prohibiting driving while intoxicatedor driving under the influence and otherrelated laws (including regulations),including the purchase of equipment, thetraining of officers, and the use of additionalpersonnel for specific alcohol-impaireddriving countermeasures, dedicated toenforcement of the laws (includingregulations). (b) States may elect to use all or a portion ofthe transferred funds for hazard eliminationactivities eligible under 23 U.S.C. 152. (c) The Governor's Representative forHighway Safety and the Secretary of theState's Department of Transportation foreach State shall jointly identify, in writing tothe appropriate NHTSA Administrator andFHWA Division Administrator, how thefunds will be programmed amongalcohol-impaired driving programs, hazardelimination programs, and planning andadministration costs, no later than 60 daysafter the funds are transferred. (d) The Federal share of the cost of anyproject carried out with the funds transferredunder 1275.6 of this part shall be 100percent. (e) The amount to be transferred under 1275.6 of this Part may be derived fromone or more of the following: (1) The apportionment of the State under 104(b)(1); (2) The apportionment of the State under 104(b)(3); or (3) The apportionment of the State under 104(b)(4). (f)(1) If any funds are transferred under 1275.6 of this part to the apportionmentof a State under Section 402 for a fiscal year,an amount, determined under paragraph (f)(2) of this section, of obligation authoritywill be distributed for the fiscal year to theState for Federal-aid highways and highwaysafety construction programs for carryingout projects under Section 402. (2) The amount of obligation authorityreferred to in paragraph (f)(1) of this sectionshall be determined by multiplying: (i) The amount of funds transferred under 1275.6 of this Part to the apportionment of the State under Section 402 for the fiscal year; by (ii) The ratio that: (A) The amount of obligation authority distributedfor the fiscal year to the State forFederal-aid highways and highway safetyconstruction programs; bears to (B) The total of the sums apportioned to theState for Federal-aid highways and highwaysafety construction programs (excludingsums not subject to any obligationlimitation) for the fiscal year. (g) Notwithstanding any other provision oflaw, no limitation on the total obligations forhighway safety programs under Section 402shall apply to funds transferred under 1275.6 to the apportionment of a Stateunder such section. 1275.8 Procedures affecting States in noncompliance. (a) Each fiscal year, each State determinedto be in noncompliance with 23 U.S.C. 164and this part, based on NHTSA's andFHWA's preliminary review of itscertification, will be advised of the fundsexpected to be transferred under 1275.4from apportionment, as part of the advancenotice of apportionments required under 23U.S.C. 104(e), normally not later than ninetydays prior to final apportionment. (b) If NHTSA and FHWA determine that theState is not in compliance with 23 U.S.C.164 and this part, based on the agencies'preliminary review, the State may, within 30days of its receipt of the advance notice ofapportionments, submit documentationshowing why it is in compliance.Documentation shall be submitted to theappropriate National Highway Traffic SafetyAdministration Regional office. (c) Each fiscal year, each State determinednot to be in compliance with 23 U.S.C. 164and this part, based on NHTSA's andFHWA's final determination, will receivenotice of the funds being transferred under 1275.6 from apportionment, as part of thecertification of apportionments requiredunder 23 U.S.C. 104(e), which normallyoccurs on October 1 of each fiscal year.
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breathalyzers might foster competition, Daily Nebraskan - STAFF EDITORIAL: Bar breathalyzers might foster competition, not safety Thursday January 26, 2006 Interact: TheDirectory Front Page News Sports Opinion Arts Extra About us Advertising DN Alumni Classifieds E-mail Lists DN Mall Archives Search News options OPINION COLLIN W. SULLIVAN: Bush unlikely to tell truth on torture in address LETTERS TO THE EDITOR, 1/26/2006 SCHUMANN'S VIEW, 1/26/2006 STAFF EDITORIAL: Budget shortfall could be political blessing Sign Up for the Daily Nebraskan News Update (enter email address) Sports News more info privacy policy Search WWW Searchunl.edu STAFF EDITORIAL: Bar breathalyzers might foster competition, not safety October 05, 2005 safety Last week the Daily Nebraskan reported on the growing trend of putting breathalyzers in bars. Bars in some cities such as Boulder, Colo., have breathalyzers by the door. The idea is that people leaving can test their blood-alcohol level before getting behind the wheel. While a noble attempt to curb a disturbingly large national problem, it seems to take only one step forward and two back. Although it may convince a few people now and again to flag a cab or give the keys to a friend, it presents an even more disturbing issue: drinking for sport. These machines quantify how plastered bar patrons are. There’s a high likelihood these breathalyzers, in a place like O Street, would tempt some drinkers to try to get a high score by shooting air into a plastic tube instead of shooting darts at a plastic board. Despite the potential to sell more drinks to college students shooting to blow a .20, many O Street owners don’t like the idea of breathalyzers in their bars, so they’re not likely to catch on here too quickly. And that’s a good thing. After all, it shouldn’t be a digital read-out that gives you the no-go to drive. Bar patrons should be responsible enough to know after more than a couple, it’s time to turn the keys over or call a cab. And if they’re still not certain, they probably shouldn’t be driving anyway. Last year Lincoln averaged about 4.5 drunk driving tickets and just less than one drunk driving accident per day, according to Lincoln Police Department records. That’s 270 completely unnecessary and likely preventable accidents. But it shouldn’t be public breathalyzers that prevent those tickets and accidents. It should be the driver who prevents it from happening before he of she even takes a sip of beer or shot of whiskey. As the popularity of these beer-o-meters spreads across the country, it should stir up more talk about how to prevent drunk driving. The sobering discussion should steer toward solutions like more taxi cabs for patrons to use and bar-issued vouchers to prevent early-morning parking tickets being given to people who made the right decision the night before. Installing breathalyzers, though they transfer some responsibility to patrons, would be blowing an opportunity for Lincoln to address its larger problems surrounding bar patronage. STAFF EDITORIAL: Bar breathalyzers might foster competition, not safety Post your feedback on this topic here 10/05/2005 Last year, my small town had this... James 10/05/2005 Instead of showing a digital readout... Kevin 10/07/2005 We have breathalyzers in some of our... Michael 10/08/2005 The premise that breathalyzers will... Elias Shedd 10/08/2005 There is nothing wrong with drinking... mike 10/08/2005 This is comical! It ranks right in... Society to Ban Quarters 10/09/2005 "Bar patrons should be responsible... Paul (Feedback requires a Javascript-compatible browser) Enter city, state, or zip. | Front Page | News | Sports | Opinion | Arts | Arts : CD reviews | Extra : Wedding Guide | About us | Advertising | DN Alumni | Classifieds | E-mail Lists | DN Mall | Archives | © 2006 Daily Nebraskan Advertise on the New Digital Group College Newspaper Network
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