112 STAT. 844 PUBLIC LAW 105-206-^JULY 22, 1998 Regulation. Effective dates. Effective date.
- (B)(i) that is open or has a broken seal; or
'(ii) the contents of which are partially removed.
- (4) PASSENGER AREA.— The term "passenger area" shall
have the meaning given the term by the Secretary by regulation.
- (b) OPEN CONTAINER LAWS.—
- (1) IN GENERAL.— For the purposes of this section, each
State shall have in effect a law that prohibits the possession of any open alcoholic beverage container, or the consumption of any alcoholic beverage, in the passenger area of any motor vehicle (including possession or consumption by the driver of the vehicle) located on a public highway, or the right-of-way of a public highway, in the State. '(2) MOTOR VEHICLES DESIGNED TO TRANSPORT MANY PAS- SENGERS. —For the purposes of this section, if a State has in effect a law that makes unlawful the possession of any open alcoholic beverage container by the driver (but not by a passenger)—
- (A) in the passenger area of a motor vehicle designed,
maintained, or used primarily for the transportation of persons for compensation; or
- (B) in the living quarters of a house coach or house
trailer, the State shall be deemed to have in effect a law described in this subsection with respect to such a motor vehicle for each fiscal year during which the law is in effect. '(c) TRANSFER OF FUNDS. —
- (1) FISCAL YEARS 2001 AND 2002. —On October 1, 2000, and
October 1, 2001, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to IV2 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402— '(A) to be used for alcohol-impaired driving countermeasures; or '(B) to be directed to State and local law enforcement agencies for enforcement of laws prohibiting driving while intoxicated or driving under the influence and other related laws (including regulations), including the purchase of equipment, the training of officers, and the use of additional personnel for specific alcohol-impaired driving countermeasures, dedicated to enforcement of the laws (including regulations). '(2) FISCAL YEAR 2003 AND FISCAL YEARS THEREAFTER.— On October 1, 2002, and each October 1 thereafter, if a State has not enacted or is not enforcing an open container law described in subsection (b), the Secretary shall transfer an amount equal to 3 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used or directed as described in subparagraph (A) or (B) of paragraph (1). '(3) USE FOR HAZARD ELIMINATION PROGRAM. —^A State may elect to use all or a portion of the funds transferred under paragraph (1) or (2) for activities eligible under section 152.
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