Section 154 Open Container Transfer
Provision

History and Administration

The open container transfer provision was initially authorized under the Transportation Equity Act of the 21st Century (TEA-21) and reauthorized under SAFETEA-LU and MAP-21. This transfer provision is jointly administered by the National Highway Traffic Safety Administration (NHTSA) and the Federal Highway Administration (FHWA).

Purpose

This transfer provision encourages states to enact an open container law.

Requirements

This transfer provision requires states to enact and enforce a law that prohibits the possession of any open alcohol beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle located on a public highway, or the right-of-way of a public highway, in the states.

States that fail to enact such a law have a portion of their highway funds transfered into the state's Section 402 program.

Under MAP-21, the state may elect to use all or a portion of the penalty transfer funds for activities eligible under the Section 148 Highway Safety Improvement Program. If the state does so, then the funds are transferred from FHWA directly to the state department of transportation for the administration of those funds. SHSOs will no longer be required to track HSIP expenditures in that case.

Funding

States that failed to enact an open container law by FY 2001 and FY 2002 had 1.5% of their National Highway System (NHS), Surface Transportation Program (STP) and Interstate Maintenance (IM) funds transferred to the Section 402 program. In subsequent years and under SAFETEA-LU, the amount transferred grew to 3%.

In FY 2012 and every year thereafter, if state is not in compliance with the revised open container penalty provisions, then 2.5% of the National Highway System Performance Plan and the Surface Transportation Program funds are transferred to Section 402 in the subsequent fiscal year. (The amount of the transfer may actually be larger than under SAFETEA-LU since the two core highway programs from which funds are transferred are actually larger.)

Total dollar amounts transfered under SAFETEA-LU are shown below. Click on a column header to see all federal highway safety funding for that fiscal year.

State	FY 2006	FY 2007	FY 2008	FY 2009	FY 2010	FY 2011	FY 2012
Ala.
Alaska	4,121,868	5,017,637	5,688,462	5,964,668	8,051,771	9,367,630	9,127,874
A.S.
Ariz.
Ark.	6,929,851	7,936,181	8,310,736	8,646,747	9,636,022	10,163,062	9,735,245
Calif.
Colo.
Conn.	5,031,352	5,437,097	5,336,421	5,650,319	6,080,142	6,305,977	6,012,977
Del.	2,221,681	2,543,170	2,719,495	2, 874,375	3,278,985	3,493,544	3,364,123
D.C.
Fla.
Ga.
Guam
Hawaii
Idaho
Ill.			21,458,506
Indian Ntns.
Ind.
Iowa
Kan.
Ky.
La.	7,029,142	7,830,641	8,166,215	9,385,290	10,395,744	10,933,920	10,479,308
Maine
Md.
Mass.			7,611,986
Mich.
Minn.
Miss.	6,796,266	7,575,497	7,858,397	8,415,860	9,301,797	9,764,068	9,366,339
Mo.	12,139,237	14,049,460	14,991,263	15,664,238	17,215,444	18,116,765	17,335,413
Mont.
Neb.
Nev.
N.H.
N.J.
N.M.
N.Y.
N.C.
N.D.
M.P.
Ohio
Okla.
Ore.
Pa.
P.R.	2,375,513	2,808,046	3,076,037	3,226,925	3,378,681	3,346,159	3,198,083
R.I.
S.C.
S.D.
Tenn.	11,927,224	13,847,567	14,655,191	15,169,127	16,386,685	16,966,796	16,219,646
Texas
Utah
Vt.
V.I.
Va.	13,696,078	16,281,147	16,621,832	16,858,368	18,075,908	18,645,341	17,820,619
Wash.
W.Va.	3,838,438	4,563,956	4,848,497	5,725,125	6,431,353	6,697,673	6,511,902
Wis
Wy.	4,450,879	5,080,960	5,334,306	5,540,614	5,829,665	5,975,295	5,691,063
Total $	80,557,529	92,971,359	126,677,344	103,121,656	114,062,197	119,776,230	114,862,592
Total States	11 + PR	11 + PR	13 + PR	11 + PR	11 + PR	11 + PR	11 + PR

Section 154 Open Container Transfer Provision

History and Administration

Purpose

Requirements

Funding

Section 154 Open Container Transfer
Provision