Section 2: Federal Laws and Regulations
Anchor: #i1002660Background
The United States Congress authorizes traffic safety funds to be appropriated to the US Department of Transportation (US DOT), National Highway Traffic Safety Administration (NHTSA). NHTSA apportions and distributes these funds to the states. The states obligate these funds through the annual State Highway Safety Plan, which is subject to NHTSA review.
The Texas Traffic Safety Program is primarily governed by federal regulations issued by NHTSA.
Anchor: #i1002675The Highway Safety Act of 1966
The Texas Traffic Safety program operates under the provision of the Highway Safety Act of 1966, 23 USC 402, et seq., specifically 402(b)(1).
Under Section 402, federal agencies are given considerable leeway to modify the Traffic Safety program as necessary. This authorization requires these programs to have certain features under the Highway Safety Plan before they are approved. These features are contained in the following federal regulations.
Anchor: #i1002692Applicable Federal Regulations
The following regulatory items govern the daily administration of traffic safety grants at the district and state level. Administrators of traffic safety grants should be familiar with and follow each cited title and rule to effectively design and manage programs. Thorough knowledge of these regulations will reduce a majority of grant questions before they become problems.
The following federal laws and regulations cover traffic safety grants:
|
Document Title |
Revisions as of Date |
|---|---|
|
“Highway Safety Grant Funding Policy for NHTSA/FHWA Field-Administered Grants” |
01/30/2001 |
|
49 CFR Part 18 — DOT Implementation of Common Grant Rule: “Uniform Administrative Requirements For Grants and Cooperative Agreements to State and Local Governments” (see the following discussion of “The Common Rule.”) |
10/1/1999 |
|
49 CFR Part 19 — “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations” |
10/16/2001 |
|
23 U.S.C. — Section 154 Open Container Legislation |
7/22/1998 |
|
23 U.S.C. — Section 154 Open Container Regulation (23 CFR Part 1270) |
8/24/2000 |
|
23 U.S.C. — Section 157 Seat Belt Use Incentive Grant Legislation |
6/9/1998 |
|
23 U.S.C. — Section 157 Seat Belt Use Incentive Grant Regulation (23 CFR Part 1240) |
10/29/1998 |
|
23 U.S.C. — Section 163 0.08 BAC Grant Program Legislation |
10/23/2000 |
|
23 U.S.C. — Section 163 0.08 BAC Grant Program Regulation (23 CFR Part 1225) |
7/1/1999 |
|
23 U.S.C. — Section 164 Minimum Penalties for Repeat Offenders for DWI/DUI |
7/22/1998 |
|
23 U.S.C. — Section 164 Repeat Offender Regulation (23 CFR Part 1275) |
10/4/2000 |
|
23 U.S.C. — Section 402 Highway Safety Program Legislation |
6/9/1998 |
|
23 U.S.C. — Section 405 Occupant Protection (OP) Incentive Grant |
6/9/1998 |
|
23 U.S.C. — Section 405 OP Incentive Grant Criteria (23 CFR Part 1345) |
10/1/1998 |
|
23 U.S.C. — Section 410 Alcohol-Impaired Driving Countermeasures Legislation (pre-TEA21) |
11/28/1995 |
|
23 U.S.C. — Section 410 Alcohol-Impaired Driving Countermeasures Legislation (TEA21) |
6/9/1998 |
|
23 U.S.C. — Section 410 Alcohol-Impaired Driving Countermeasures Regulation (TEA21 Incentive Grant Criteria) (also 23 CFR Part 1313) |
7/28/2000 |
|
23 U.S.C. — Section 411 “State Highway Safety Data Improvement Grants” Legislation |
11/9/1998 |
|
23 U.S.C. — Section 411 “State Highway Safety Data Improvement Grants” Regulation (23 CFR Part 1335) |
9/11/2000 |
|
23 CFR Part 1200 — “Uniform Procedures for State Highway Safety Programs” |
8/27/1999 |
|
23 CFR Part 1205 — “Highway Safety Programs Determination of Effectiveness” |
3/2/2001 |
|
23 CFR Part 1206 — “Rules of Procedure for Invoking Sanctions Under the Highway Safety Act of 1966” |
6/6/1996 |
|
23 CFR Part 1250 — “Political Subdivision Participating in State Highway Safety Programs” (that is 40% [of Section 402 funding] to local jurisdictions) |
4/1/1994 |
|
23 CFR Part 1251 — “State Highway Safety Agency” |
4/1/1994 |
|
23 CFR Part 1340 — “Uniform Criteria for State Observational Surveys of Seat Belt Use” (23 U.S.C. Section 157 related) |
4/13/2000 |
|
Section 2003(b) TEA-21 (Child Passenger Safety) Legislation |
6/9/2000 |
|
Transportation Appropriations Act of FY01 — Public Law 106-346 Section 351 providing Sanctions if State’s fail to pass 0.08 BAC law |
10/23/2000 |
|
State Certifications and Assurances Statements |
January 2001 |
|
NHTSA Order 462-6C — “Matching Rates for State and Community Highway Safety Programs |
11/30/1993 |
The following federal guidelines pertain to federal grants and contracts:
|
Document Title |
Revisions as of Date |
|---|---|
|
Sec. 154/164 Guidance — Concerning TEA-21 Transfer Funding programs |
3/31/2000 |
|
Sec. 154/164 — Frequently asked questions and answers regarding Sec. 154/164 |
July 2000 |
|
Sec. 157 Incentive Fund Program Accounting Guidance |
1/22/1999 |
|
Sec. 157 Innovative Announcement of Discretionary Grants to Support Innovative Seat Belt Projects |
6/1/2001 |
|
Sec. 163 (.08) Funds Accounting Guidance — Amended |
11/20/1998 |
|
NHTSA/FHWA RR Grade Crossing Guidance |
11/4/1994 |
|
Sec. 402 Advertising Space Guidance from NHTSA |
11/3/2000 |
|
Sec. 2003(b) Announcement on Child Passenger Protection Education Grants |
11/6/2000 |
|
Program Guidelines — “Uniform Guidelines for State Highway Safety Programs” |