Page:United States Statutes at Large Volume 102 Part 5.djvu/518

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 4524

PUBLIC LAW 100-690—NOV. 18, 1988 include the issuance of drivers' licenses to individuals under age 21 that are easily distinguishable in appearance from drivers' licenses issued to individuals 21 years of age and older. "(3) UNLAWFUL OPEN CONTAINER AND CONSUMPTION OF ALCO-

HOL PROGRAMS.—For purposes of this section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c) of this section, not to exceed 25 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State makes unlawful the possession of any open alcoholic 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, except— (A) as allowed in the passenger area, by persons (other than the driver), of any motor vehicle designed to transport more than 10 passengers (including the driver) while being used to provide charter transportation of passengers; or "(B) as otherwise specifically allowed by such State, with the approval of the Secretary, but in no event may the driver of such motor vehicle be allowed to possess or consume an alcoholic beverage in the passenger area. "(4)

SUSPENSION OF REGISTRATION AND RETURN OF LICENSE

PLATE PROGRAM.—For purposes of this section, a State is eligible for a supplemental grant for a fiscal year in an amount, subject to subsection (c) of this section, not to exceed 10 percent of the amount apportioned to such State for fiscal year 1989 under section 402 of this title if such State is eligible for a basic grant and in addition such State provides for the suspension of the registration of, and the return to such State of the license plates for, any motor vehicle owned by an individual who— "(A) has been convicted on more than 1 occasion of an alcohol-related traffic offense within any 5-year period after the date of the enactment of this section; or "(B) has been convicted of driving while his or her driver's license is suspended or revoked by reason of a conviction for such an offense. A State may provide limited exceptions to such suspension of registration or return of license plates, on an individual basis, to avoid undue hardship to any individual, including any family member of the convicted individual, and any co-owner of the motor vehicle, who is completely dependent on the motor vehicle for the necessities of life. Such exceptions may not result in unrestricted reinstatement of the registration or unrestricted return of the license plates of the motor vehicle. "(5)

GRANTS AS BEING IN ADDITION TO OTHER GRANTS.—A

supplemental grant under this section shall be in addition to any basic grant or any other supplemental grant received by such State. "(g) DEFINITIONS.—As used in this section— "(1) ALCOHOUC BEVERAGE.—The term 'alcoholic b e v e r ^ e ' has the meaning such term has under section 158(c) of this title. "(2) MOTOR VEHICLE.—The term 'motor vehicle' has the meaning such term has under section 154(b) of this title. (3) OPEN ALCOHOUC BEVERAGE CONTAINER.—The term 'open alcoholic beverage container' means any bottle, can, or other receptacle—