Open container requirements

23 U.S.C. § 154

• Title: 23 — Highways
• Chapter: 1 — FEDERAL-AID HIGHWAYS

Text

(a) Definitions.—In this section, the following definitions apply:
(1) Alcoholic beverage.—The term "alcoholic beverage" has the meaning given the term in section 158(c).
(2) Motor vehicle.—The term "motor vehicle" means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails.
(3) Open alcoholic beverage container.—The term "open alcoholic beverage container" means any bottle, can, or other receptacle—
(A) that contains any amount of alcoholic beverage; and
(B)(i) that is open or has a broken seal; or
(ii) the contents of which are partially removed.
(4) Passenger area.—The term "passenger area" shall have the meaning given the term by the Secretary by regulation.
(b) Open Container Laws.—
(1) In general.—For the purposes of this section, each State shall have in effect a 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.
(2) Motor vehicles designed to transport many passengers.—For the purposes of this section, if a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container by the driver (but not by a passenger)—
(A) in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation; or
(B) in the living quarters of a house coach or house trailer,
the State shall be deemed to have in effect a law described in this subsection with respect to such a motor vehicle for each fiscal year during which the law is in effect.
(c) Transfer of Funds.—
(1) Fiscal years 2001 and 2002.—On October 1, 2000, and October 1, 2001, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 1½ percent of the funds apportioned to the State on that date under each of paragraphs (1), (2), and (4) of section 104(b) to the apportionment of the State under section 402—
(A) to be used for impaired driving countermeasures; or
(B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
(2) Fiscal year 2022 and thereafter.—
(A) Reservation of funds.—
(i) In general.—On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3).
(ii) States described.—A State referred to in clause (i) is a State—
(I) that has not enacted or is not enforcing an open container law described in subsection (b); and
(II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing an open container law described in subsection (b).
(B) Transfer of funds.—As soon as practicable after the date of receipt of a certification from a State under subparagraph (A)(i), the Secretary shall—
(i) transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and
(ii) release the reserved funds identified by the State as described in paragraph (3).
(3) Use for highway safety improvement program.—
(A) In general.—A State may elect to use all or a portion of the funds reserved under paragraph (2) for activities eligible under section 148.
(B) State departments of transportation.—If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.
(4) Federal share.—The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent.
(5) Derivation of amount to be transferred.—The amount to be transferred or released under paragraph (2) may be derived from the following:
(A) The apportionment of the State under section 104(b)(1).
(B) The apportionment of the State under section 104(b)(2).
(6) Transfer of obligation authority.—
(A) In general.—If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402.
(B) Amount.—The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying—
(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by
(ii) the ratio that—
(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to
(II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year.
(7) Limitation on applicability of obligation limitation.—Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.

History

(Added Pub. L. 105–178, title I, §1405(a), as added Pub. L. 105–206, title IX, §9005(a), July 22, 1998, 112 Stat. 843; amended Pub. L. 109–59, title I, §1401(a)(3)(C), Aug. 10, 2005, 119 Stat. 1225; Pub. L. 112–141, div. A, title I, §1402, July 6, 2012, 126 Stat. 556; Pub. L. 114–94, div. A, title I, §1446(a)(8), Dec. 4, 2015, 129 Stat. 1437; Pub. L. 117–58, div. A, title I, §11131(a), div. B, title IV, §24106(a), Nov. 15, 2021, 135 Stat. 509, 806.)

Editorial Notes

Editorial Notes

Prior Provisions
A prior section 154, added Pub. L. 93–643, §114(a), Jan. 4, 1975, 88 Stat. 2286; amended Pub. L. 95–599, title II, §205, Nov. 6, 1978, 92 Stat. 2729; Pub. L. 97–35, title XI, §1108, Aug. 13, 1981, 95 Stat. 626; Pub. L. 100–17, title I, §174, Apr. 2, 1987, 101 Stat. 218; Pub. L. 102–240, title I, §1029(a), (b), (e), (g), Dec. 18, 1991, 105 Stat. 1968–1970, established the national maximum speed limit, prior to repeal by Pub. L. 104–59, title II, §205(d)(1)(B), (3), Nov. 28, 1995, 109 Stat. 577, applicable to State on 10th day following Nov. 28, 1995, except that if legislature was not in session on such date and chief executive officer declared before such date that legislature was not in session and that State preferred applicability date that was after date on which legislature would convene, applicable to State on 60th day following date on which legislature would next convene.

Amendments
2021—Subsec. (c)(1). Pub. L. 117–58, §24106(a), substituted "impaired" for "alcohol-impaired" in subpars. (A) and (B).
Subsec. (c)(2). Pub. L. 117–58, §11131(a)(1), substituted "2022" for "2012" in heading.
Subsec. (c)(2)(A). Pub. L. 117–58, §11131(a)(2), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: "On October 1, 2011, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1) and paragraph (3)."
Subsec. (c)(2)(B). Pub. L. 117–58, §11131(a)(3), substituted "subparagraph (A)(i)" for "subparagraph (A)" in introductory provisions.
2015—Subsec. (c)(1). Pub. L. 114–94, §1446(a)(8)(A), substituted "paragraphs (1), (2), and (4)" for "paragraphs (1), (3), and (4)".
Subsec. (c)(3)(A). Pub. L. 114–94, §1446(a)(8)(B), substituted "reserved" for "transferred".
Subsec. (c)(5). Pub. L. 114–94, §1446(a)(8)(C)(i), inserted "or released" after "transferred" in introductory provisions.
Subsec. (c)(5)(A). Pub. L. 114–94, §1446(a)(8)(C)(ii), substituted "under section 104(b)(1)" for "under section 104(b)(l)".
2012—Subsec. (c)(2). Pub. L. 112–141, §1402(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: "On October 1, 2002, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used or directed as described in subparagraph (A) or (B) of paragraph (1)."
Subsec. (c)(3). Pub. L. 112–141, §1402(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "A State may elect to use all or a portion of the funds transferred under paragraph (1) or (2) for activities eligible under section 148."
Subsec. (c)(5). Pub. L. 112–141, §1402(3), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: "The amount to be transferred under paragraph (1) or (2) may be derived from one or more of the following:
"(A) The apportionment of the State under section 104(b)(1).
"(B) The apportionment of the State under section 104(b)(3).
"(C) The apportionment of the State under section 104(b)(4)."
2005—Subsec. (c)(3). Pub. L. 109–59 substituted "148" for "152".

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment
Amendment by section 11131(a) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.

Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. 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 Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.

Effective Date
Section effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an Effective Date of 1998 Amendment note under section 101 of this title.