February 18th, 2008

US Department of Transportation Secretary, Mary Peters, calls for legislation to allow Motorcycle Safety and Awareness Programs funding to be used for the promotion of Helmet usage.

 

Below is the law that is presently in place concerning usage of Grants and Funds.
See BOLD Section Below

 

SEC. 2010. MOTORCYCLIST SAFETY

SEC. 2010. MOTORCYCLIST SAFETY.

(a) AUTHORITY TO MAKE GRANTS.—Subject to the requirements
of this section, the Secretary shall make grants to States that
H. R. 3—393
adopt and implement effective programs to reduce the number
of single- and multi-vehicle crashes involving motorcyclists.
(b) MAINTENANCE OF EFFORT.—No grant may be made to a
State under this section in a fiscal year unless the State enters
into such agreements with the Secretary as the Secretary may
require to ensure that the State will maintain its aggregate expenditures
from all the other sources for motorcyclist safety training
programs and motorcyclist awareness programs at or above the
average level of such expenditures in its 2 fiscal years preceding
the date of enactment of this Act.
(c) ALLOCATION.—The amount of a grant made to a State for
a fiscal year under this section may not be less than $100,000
and may not exceed 25 percent of the amount apportioned to the
State for fiscal year 2003 under section 402 of title 23, United
States Code.
(d) GRANT ELIGIBILITY.—
(1) IN GENERAL.—A State becomes eligible for a grant under
this section by adopting or demonstrating to the satisfaction
of the Secretary—
(A) for the first fiscal year for which the State will
receive a grant under this section, at least 1 of the 6
criteria listed in paragraph (2); and
(B) for the second, third, and fourth fiscal years for
which the State will receive a grant under this section,
at least 2 of the 6 criteria listed in paragraph (2).
(2) CRITERIA.—The criteria for eligibility for a grant under
this section are the following:
(A) MOTORCYCLE RIDER TRAINING COURSES.—An effective
motorcycle rider training course that is offered
throughout the State, provides a formal program of instruction
in accident avoidance and other safety-oriented operational
skills to motorcyclists and that may include innovative
training opportunities to meet unique regional needs.
(B) MOTORCYCLISTS AWARENESS PROGRAM.—An effective
statewide program to enhance motorist awareness of
the presence of motorcyclists on or near roadways and
safe driving practices that avoid injuries to motorcyclists.
(C) REDUCTION OF FATALITIES AND CRASHES INVOLVING
MOTORCYCLES.—A reduction for the preceding calendar year
in the number of motorcycle fatalities and the rate of
motor vehicle crashes involving motorcycles in the State
(expressed as a function of 10,000 motorcycle registrations).
(D) IMPAIRED DRIVING PROGRAM.—Implementation of
a statewide program to reduce impaired driving, including
specific measures to reduce impaired motorcycle operation.
(E) REDUCTION OF FATALITIES AND ACCIDENTS
INVOLVING IMPAIRED MOTORCYCLISTS.—A reduction for the
preceding calendar year in the number of fatalities and
the rate of reported crashes involving alcohol- or drug impaired
motorcycle operators (expressed as a function of
10,000 motorcycle registrations).
(F) FEES COLLECTED FROM MOTORCYCLISTS.—All fees
collected by the State from motorcyclists for the purposes
of funding motorcycle training and safety programs will
be used for motorcycle training and safety programs.
(e) ELIGIBLE USES.—
H. R. 3—394
(1) IN GENERAL.—A State may use funds from a grant
under this section
only for motorcyclist safety training and
motorcyclist awareness programs, including—
(A) improvements to motorcyclist safety training curricula;
(B) improvements in program delivery of motorcycle
training to both urban and rural areas, including—
(i) procurement or repair of practice motorcycles;
(ii) instructional materials;
(iii) mobile training units; and
(iv) leasing or purchasing facilities for closed course
motorcycle skill training;
(C) measures designed to increase the recruitment or
retention of motorcyclist safety training instructors; and
(D) public awareness, public service announcements,
and other outreach programs to enhance driver awareness
of motorcyclists, such as the ‘‘share-the-road’’ safety messages
developed under subsection (g).

(2) SUBALLOCATIONS OF FUNDS.—An agency of a State that
receives a grant under this section may sub allocate funds from
the grant to a nonprofit organization incorporated in that State
to carry out under this section.
(f) DEFINITIONS.—In this section, the following definitions apply:
(1) MOTORCYCLIST SAFETY TRAINING.—The term ‘‘motorcyclist
safety training’’ means a formal program of instruction
that is approved for use in a State by the designated State
authority having jurisdiction over motorcyclist safety issues,
which may include the State motorcycle safety administrator
or a motorcycle advisory council appointed by the Governor
of the State.
(2) MOTORCYCLIST AWARENESS.—The term ‘‘motorcyclist
awareness’’ means individual or collective awareness of—
(A) the presence of motorcycles on or near roadways;
and
(B) safe driving practices that avoid injury to motorcyclists.
(3) MOTORCYCLIST AWARENESS PROGRAM.—The term
‘‘motorcyclist awareness program’’ means an informational or
public awareness program designed to enhance motorcyclist
awareness that is developed by or in coordination with the
designated State authority having jurisdiction over motorcyclist
safety issues, which may include the State motorcycle safety
administrator or a motorcycle advisory council appointed by
the Governor of the State.
(4) STATE.—The term ‘‘State’’ has the same meaning such
term has in section 101(a) of title 23, United States Code.
(g) SHARE-THE-ROAD MODEL LANGUAGE.—Not later than 1 year
after the date of enactment of this Act, the Secretary, in consultation
with the Administrator of the National Highway Traffic Safety
Administration, shall develop and provide to the States model language
for use in traffic safety education courses, driver’s manuals,
and other driver’s training materials instructing the drivers of
motor vehicles on the importance of sharing the roads safely with
motorcyclists.