Sec. 4005. Amendment to graduated driver licensing incentive grant criteria
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/bill/114/hr/2410/ih/section-4005·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 405 of title 23, United States Code, is amended by striking subsection
(g)and inserting the following: The Secretary shall award grants to States that adopt and implement graduated driver licensing laws that require novice drivers younger than 18 years of age to comply with the 2-stage licensing process described in paragraph
(2)before receiving an unrestricted driver’s license. A State’s driver’s license laws shall include— a learner’s permit stage that— is at least 6 months in duration, but must remain in effect until the driver reaches 16 years of age; requires that the driver be accompanied and supervised at all times while such driver is operating a motor vehicle by a licensed driver who is at least 21 years of age, is the driver’s parent or guardian, or is a State-certified driving instructor; and has at least two of the following criteria: a prohibition on the driver using a personal wireless communications device, as defined in subsection (e)(9)(B), while driving except under an exception permitted in subsection (e)(4), and violation of which is a primary offense; a requirement that the driver obtain at least 40 hours of behind-the-wheel training with a licensed driver who is at least 21 years of age, is the driver’s parent or guardian, or is a State-certified driving instructor; a requirement that the driver attend a driver training course; or a requirement that the driver not be convicted, for a period of six consecutive months immediately prior to entering the intermediate stage or receiving an unrestricted driver’s license, of any offense under State or local law relating to the use or operation of a motor vehicle; an intermediate stage that— is at least 6 months in duration; restricts driving at night; for a period of not less than six months, prohibits the driver from operating a motor vehicle with more than 1 nonfamilial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age, is the driver’s parent or guardian, or is a State-certified driving instructor is in the motor vehicle; and has at least one of the following criteria: a requirement that the intermediate stage remain in effect until the driver reaches 18 years of age; a prohibition on the driver using a personal wireless communications device, as defined in subsection (e)(9)(B), while driving except under an exception permitted in subsection (e)(4), and violation of which is a primary offense; or a requirement that the driver not be convicted, for a period of six consecutive months immediately prior to receiving an unrestricted driver’s license, of any offense under State or local law relating to the use or operation of a motor vehicle; and any other requirement prescribed by the Secretary. A State that otherwise meets the minimum requirements set forth in paragraph
(2)shall be deemed by the Secretary to be in compliance with the requirement set forth in paragraph
(2)if the State enacted a law before January 1, 2011, establishing a class of license that permits licensees or applicants younger than 18 years of age to drive a motor vehicle— in connection with work performed on, or for the operation of, a farm owned by family members who are directly related to the applicant or licensee; or if demonstrable hardship would result from the denial of a license to the licensees or applicants. The Secretary shall make a separate grant under this paragraph, in accordance with subparagraphs
(B)and (C), to each State that implements national driver education and training standards prescribed by the National Highway Traffic Safety Administration and enhanced intermediate stage restrictions. A State is eligible for the grant described in this paragraph if the State— has not received a grant under this paragraph in a prior fiscal year; receives a grant in the same fiscal year pursuant to paragraph (1); has satisfied the criterion described in paragraph (2)(A)(iii)(III) for the same fiscal year; and submits a plan, approved by the Secretary, to implement national driver education and training standards prescribed by the National Highway Traffic Safety Administration. A State is eligible for the grant described in this paragraph if the State— has received a grant under this paragraph in a prior fiscal year; receives a grant in the same fiscal year pursuant to paragraph (1); has satisfied the criterion described in paragraph (2)(A)(iii)(III) for the same fiscal year; demonstrates, to the satisfaction of the Secretary, that it is implementing the plan described in subparagraph (B)(iv); imposes the restrictions described in paragraph (2)(B)(ii) beginning no later than 10:00 p.m.; and imposes the restrictions described in paragraph (2)(B)(iii) for the entire intermediate stage. Not more than 33 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under this paragraph. The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009. Of the grant funds received by a State under this subsection— at least 25 percent shall be used for— enforcing a 2-stage licensing process that complies with paragraph (2); training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in clause (i); publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law; carrying out other administrative activities that the Secretary considers relevant to the State’s 2-stage licensing process; or carrying out a teen traffic safety program described in section 402(m); and up to 75 percent may be used for any eligible project or activity under section 402. .