Sec. 1029. NATIONAL MAXIMUM SPEED LIMIT COMPLIANCE PROGRAM

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## SEC. 1029 NATIONAL MAXIMUM SPEED LIMIT COMPLIANCE PROGRAM * * * * * * * ###

(c)Enforcement ####

(1)Proposed rule Not later than 1 year after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a proposed rule to establish speed limit enforcement requirements which, at a minimum, shall— #####

(A)provide for the transfer of apportionments under section 104(b) of title 23, United States Code (other than paragraph (5)), if a State fails to enforce speed limits in accordance with this section and such rule; and #####

(B)include a formula for determining compliance with the requirements of this section and such rule which— ######

(i)assigns a greater weight for violations of such speed limits in proportion to the amount by which the speed of the motor vehicle exceeds the speed limit; and ######

(ii)differentiates between the type of road on which the violations occur. ####

(2)Factors to consider In developing the compliance formula in accordance with paragraph (1), the Secretary shall consider factors relating to the enforcement efforts made by the States and data concerning fatalities and serious injuries occurring on roads to which subsection

(a)applies and any other factors relating to speed limit enforcement and speed-related highway safety trends which the Secretary determines appropriate. ####

(3)Final rule Not later than 60 days after the date of publication of the proposed rule under paragraph (1), the Secretary shall publish in the Federal Register a final rule which meets the requirements of paragraph

(1)and which shall take effect no later than 12 months after the date of its publication in the Federal Register. ###

(d)Administration The Secretary shall carry out sections 154 and 141(a) of title 23, United States Code, through the National Highway Traffic Safety Administration and the Federal Highway Administration. * * * * * * * ###

(f)Enforcement Moratorium No State shall be subject under section 141 or 154 of title 23, United States Code, to withholding of apportionments for failure to comply in fiscal years 1990 and 1991 with section 154 of such title, as in effect on the day before the date of the enactment of this Act, or section 141(a) of such title. * * * * * * *