[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR384.401]



[Page 213-214]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 384_STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

--Table of Contents

 

              Subpart D_Consequences of State Noncompliance

 

Sec. 384.401  Withholding of funds based on noncompliance.





    (a) Following the first year of noncompliance. A State is subject to 

both of the following sanctions:

    (1) An amount equal to five percent of the Federal-aid highway funds 

required to be apportioned to any State under each of sections 

104(b)(1), (b)(3), and (b)(4) of title 23, U.S.C., shall be withheld on 

the first day of the fiscal year following such State's first year of 

noncompliance under this part.

    (2) The Motor Carrier Safety Assistance Program (MCSAP) grant funds 

authorized under section 103(b)(1) of the Motor Carrier Safety 

Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1754) shall be 

withheld from a State on the first day of the fiscal year following the 

fiscal year in which the FMCSA determined that the State was not in 

substantial compliance with subpart B of this part.

    (b) Following second and subsequent year(s) of noncompliance. A 

State is subject to both of the following sanctions:

    (1) An amount equal to ten percent of the Federal-aid funds required 

to be apportioned to any State under each of



[[Page 214]]



sections 104(b)(1), (b)(3), and (b)(4) of title 23, U.S.C., shall be 

withheld on the first day of the fiscal year following such State's 

second or subsequent year of noncompliance under this part.

    (2) The Motor Carrier Safety Assistance Program (MCSAP) grant funds 

authorized under section 103(b)(1) of the Motor Carrier Safety 

Improvement Act of 1999 (Public Law 106-159, 113 Stat. 1753) shall be 

withheld from a State on the first day of the fiscal year following the 

fiscal year in which the FMCSA determined that the State had not 

returned to substantial compliance with subpart B of this part.



[67 FR 49763, July 31, 2002]