TEA-21 State Highway Safety Programs

Section 405 Occupant Protection Incentive Grants


History and Administration

Section 405, the Occupant Protection Incentive Grant Program was authorized under the Transportation Equity Act of the 21st Century (TEA-21). It is administered by the National Highway Traffic Safety Administration (NHTSA) at the federal level and the State Highway Safety Office (SHSO) at the state level.

Purpose

The program provides incentive grants to encourage states to adopt and implement effective programs to reduce highway deaths and injury resulting from individuals riding unrestrained or improperly restrained in motor vehicles.

Requirements

A state is eligible for an incentive grant if it satisfies four of the following six criteria:

  1. A law requiring safety belt use by all front seat passengers (FY 1999 and FY 2000)
    Beginning in FY 2001, the law must require passengers in all seating positions to be belted
  2. A primary enforcement safety belt law
  3. Minimum fines or points for violations of seat belt and child restraint laws
  4. A statewide special enforcement program for occupant protection
  5. A statewide child passenger protection education program
  6. A child passenger protection law

States may qualify for Section 405 grants for a maximum of six years. Qualifying states may receive a grant up to 25% of their FY 1997 Section 402 apportionment. Funds must be used to implement and enforce occupant protection programs. The federal matching share is 75%, declining to 25% by the fifth and sixth years. Unobligated funds may be transferred into the Section 410 or Section 411 programs to ensure that states receive the maximum funding for which they are eligible under the program.

Funding

Current and Previous Fiscal Year Funding Levels >>