§ 159. Revocation or suspension of drivers’ licenses of individuals convicted of drug offenses
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(a)Withholding of Apportionments for Noncompliance.—
(1)Beginning in fiscal year 1996.— The Secretary shall withhold 10 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and
(5)(as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century) of section 104(b) on the first day of each fiscal year which begins after the fourth calendar year following the effective date of this section if the State does not meet the requirements of paragraph
(3)on the first day of such fiscal year.
(2)Fiscal year 2012 and thereafter.— The Secretary shall withhold an amount equal to 8 percent of the amount required to be apportioned to any State under each of paragraphs
(1)and
(2)of section 104(b) on the first day of each fiscal year beginning after September 30, 2011, if the State fails to meet the requirements of paragraph
(3)on the first day of the fiscal year.
(3)Requirements.— A State meets the requirements of this paragraph if—
(A)the State has enacted and is enforcing a law that requires in all circumstances, or requires in the absence of compelling circumstances warranting an exception—
(i)the revocation, or suspension for at least 6 months, of the driver’s license of any individual who is convicted, after the enactment of such law, of—
(I)any violation of the Controlled Substances Act, or
(II)any drug offense; and
(ii)a delay in the issuance or reinstatement of a driver’s license to such an individual for at least 6 months after the individual applies for the issuance or reinstatement of a driver’s license if the individual does not have a driver’s license, or the driver’s license of the individual is suspended, at the time the individual is so convicted; or
(B)the Governor of the State—
(i)submits to the Secretary no earlier than the adjournment sine die of the first regularly scheduled session of the State’s legislature which begins after the effective date of this section a written certification stating that the Governor is opposed to the enactment or enforcement in the State of a law described in subparagraph (A), relating to the revocation, suspension, issuance, or reinstatement of drivers’ licenses to convicted drug offenders; and
(ii)submits to the Secretary a written certification that the legislature (including both Houses where applicable) has adopted a resolution expressing its opposition to a law described in clause (i).
(b)Effect of Noncompliance.— No funds withheld under this section from apportionments to any State shall be available for apportionment to that State.
(c)Definitions.— For purposes of this section—
(1)Driver’s license.— The term “driver’s license” means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highways.
(2)Drug offense.— The term “drug offense” means any criminal offense which proscribes—
(A)the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act; or
(B)the operation of a motor vehicle under the influence of such a substance.
(3)Convicted.— The term “convicted” includes adjudicated under juvenile proceedings.
(Added Pub. L. 102–143, title III, § 333(a), Oct. 28, 1991, 105 Stat. 944; amended Pub. L. 102–388, title III, § 327(a), Oct. 6, 1992, 106 Stat. 1547; Pub. L. 105–178, title I, § 1103(l)(3)(E), June 9, 1998, 112 Stat. 126; Pub. L. 112–141, div. A, title I, § 1404(g), July 6, 2012, 126 Stat. 558.)
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- Public Law 102–240To develop a national intermodal surface transportation system, to authorize funds for construction of highways, for highway safety programs, and for mass transit programs, and for other purposes
- Public Law 102–388Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1993, and for other purposes
- Public Law 102–143Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1992, and for other purposes
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- Pub. L. 102–143, title III, § 333(a)
- 105 Stat. 944
- Pub. L. 102–388, title III, § 327(a)
- 106 Stat. 1547
- Pub. L. 105–178, title I, § 1103
- 112 Stat. 126
- Pub. L. 112–141, div. A, title I, § 1404(g)
- 126 Stat. 558
- Pub. L. 105–178
- section 333(e) of Pub. L. 102–143
- Pub. L. 91–513
- 84 Stat. 1242
- Pub. L. 112–141, § 1404(g)(1)
- Pub. L. 112–141, § 1404(g)(2)
- Pub. L. 105–178, § 1103
- Pub. L. 102–388
- Pub. L. 112–141
- section 3(a) of Pub. L. 112–141
- Pub. L. 102–388, title III, § 327(b)
- 106 Stat. 1550
- Pub. L. 102–143, title III, § 333(e)
- 105 Stat. 947
- Pub. L. 102–240, title I, § 1094
- 105 Stat. 2025
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§ 159
Revocation or suspension of drivers’ licenses of individuals convicted of drug offenses
Fed. Reg.×103
C.F.R.×14
Stat.×3
U.S.C.×2
Stat. Comp.×1
Pub. L.Pub. L. 102–143, title III, § 333(a)
Stat.105 Stat. 944
Pub. L.Pub. L. 102–388, title III, § 327(a)
Stat.106 Stat. 1547
Pub. L.Pub. L. 105–178, title I, § 1103
Cites 26 · showing 7Cited by 123 across 5 sources