TEA-21 State Highway Safety Programs

Section 154 Open Container Transfer Provision


History and Administration

The open container transfer provisions were authorized under the Transportation Efficiency Act of the 21st Century (TEA-21). The transfer provisions are jointly administered by the National Highway Traffic Safety Administration (NHTSA) and the Federal Highway Administration (FHWA).

Requirements

States must enact an open container law or face penalties. The law must prohibit the possession and consumption of an open alcoholic beverage container in the passenger area of any motor vehicle on any public highway or the right-of-way of a public highway. Passengers in vehicles for hire or the living quarters of a house coach or house trailer are excepted from the open container requirement. The law must be enacted, in effect and enforced. Enforcement must be primary.

States had until September 30, 2000 to enact an open container law. If they had not done so by then, on October 1, 2000, 1.5% of National Highway System (NHS), Surface Transportation Program (STP) and Interstate Maintenance (IM) funds were transferred to the state's Section 402 program. Funds must be used for impaired driving programs. All or a portion of that amount can be transferred into the state's Hazard Elimination Progam (HEP). If a state was still noncompliant on October 1, 2001, 1.5% of the funds were transferred. 3% were transferred on October 1, 2002.