Alcohol Open Container Requirements

 

To encourage States to enact and enforce a compliant alcohol open container law. Under Section 154, to avoid the transfer of funds, a State must enact and enforce an open container law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State. 23 U.S.C. 154(b)(1)

Active 20.607 National Highway Traffic Safety Administration, Department of Transportation A - Formula Grants; B - Project Grants Not applicable. Highway Safety Act of 1998, as amended, 23 U.S.C. 154
Bipartisan Infrastructure Law, enacted as Infrastructure Investment and Jobs Act, Public Law 117-58, Section 24106, Public Law 117-58 States, the District of Columbia, and Puerto Rico. State Departments of Transportation and State Highway Safety agencies. Not applicable. Preapplication coordination is required. This program is eligible for coverage under E.O. 12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review. 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Office of Regional Operations and Program Delivery coordinates the transfer penalty funding process with the Federal Highway Administration. This program is eligible for coverage under Executive Order 12372, Intergovernmental Review of Federal Programs. Once the State provides the agency with a split letter to NHTSA, the State will be given access to the transfer and can obligate the funds. Not applicable. Not applicable. Not applicable. Not applicable. Not applicable. States failing to comply with Section 154 are subject to a reservation of 2.5 percent of federal-aid highway funds apportioned for the National Highway Performance Program and the Surface Transportation Block Grant Program. States decide the percentage of the reserved funds to be transferred to NHTSA for alcohol and/or drug-impaired driving countermeasures and/or to remain with FHWA for eligible activities under the Highway Safety Improvement Program. Funds transferred to NHTSA are subject to the requirements of the 402 program. Not applicable. Not applicable. The project sponsor shall retain records for 3 years following submission of a final expenditure report and other project deliverables. Statutory Formula: Title 23 Chapter 1270

Matching requirements are not applicable to this assistance listing.

MOE requirements are not applicable to this assistance listing. The Federal share is reimbursed on claims submitted in vouchers covering costs incurred. All participants have converted to the electronic transfer of funds method of payment. Funds placed in obligation are available until expended. Method of awarding/releasing assistance: Lump. None/Not specified. Barbara Sauers
1200 New Jersey Avenue, S.E., NRO-010
Washington, DC 20590 US
Barbara.Sauers@dot.gov
Phone: (202) 366-0144
Fax: (202) 366 7394 http://www.nhtsa.gov 69-8020-0-7-401 (Formula Grants (Apportionments)) FY 22$49,142,696.00; FY 23 est $47,586,670.00; FY 24 est $0.00; FY 21$38,938,336.00; FY 20$400,960,029.00; FY 19$42,058,790.00; FY 18$42,058,790.00; FY 17$43,071,086.00; FY 16$0.00; - FY 2023 ranges were -$ 1,248,197 - $10,762,949. 23 CFR 1270. Fiscal Year 2016 1. Impaired driving countermeasures 2. Enforcement of laws prohibiting driving while intoxicated and 3. Driving under the influence
Fiscal Year 2017 Section 154 funds must be solely used for alcohol-impaired driving countermeasures permissible under NHTSA's S. 402 State and Community Highway Safety formula grant program or for FHWA's Highway Safety Improvement Program (HSIP) eligible activities (hazard elimination). For example, in FY 2017, Louisiana's Highway Safety Commission provided S. 154 grant funds to support the forensic analysis of DWI cases in communities across 29 parishes in northern Louisiana.
Fiscal Year 2023 Impaired driving paid media campaigns: Funding will provide paid media campaigns for Drive Sober or Get Pulled Over, Youth alcohol, Quarterly Impaired Driving Campaigns, and various other alcohol and/or drug impaired driving efforts for, but not limited to Super Bowl Sunday, Cinco De Mayo, and statewide festivals.