SAFETEA-LU State Highway Safety Programs

Section 405 Occupant Protection Incentive Grants


History and Administration

Section 405, the Occupant Protection Incentive Grant Program was initially authorized under the Transportation Equity Act of the 21st Century (TEA-21) and reauthorized under SAFETEA-LU. It is administered by the National Highway Traffic Safety Administration (NHTSA) at the federal level and the State Highway Safety Offices (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 injuries 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 passengers in all seating positions
  2. A primary enforcement safety belt law
  3. Minimum fines or points for violations of safety 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 (FY 2004 - 2009). Qualifying states may receive grants up to 100% of their FY 2003 Section 402 apportionment. The federal matching share is 75% in the first fiscal two years, 50% in the next two fiscal years, and 25% in the final two fiscal years. Unobligated funds may be transferred into the Section 408 or 410 programs.

Funding

SAFETEA-LU authorizes the Section 405 program at the following levels:

  • FY 2006 - FY 2009: $25 million
  • FY 2004 - FY 2005: $19.8 million

Current and Previous Fiscal Year Funding Levels >>