Title 23 — HighwaysRelease 119-73
§154 Open container requirements
Title 23 › Chapter CHAPTER 1— - FEDERAL-AID HIGHWAYS › § 154
Summary
Requires each State to have a law that bans open containers of alcohol and drinking in the passenger area of a motor vehicle on public highways or their rights-of-way. A motor vehicle means a road vehicle powered by a machine (not a rail vehicle). An open alcohol container means any bottle, can, or other receptacle that has any alcohol and is open, has a broken seal, or is partly empty. The State’s law may also meet the rule if it only bans the driver (not passengers) in certain for‑hire vehicles or in the living area of a house coach or house trailer. "Passenger area" is defined by the Secretary by rule. If a State does not have or does not enforce such a law, the federal government will move part of the State’s highway money to impaired‑driving programs or law enforcement. On October 1, 2000 and October 1, 2001, that amount was 1.5% of the funds apportioned under section 104(b)(1), (2), and (4). Starting October 1, 2021 and each year after, the Secretary will reserve 2.5% of the funds apportioned under section 104(b)(1) and (2) for a State that still lacks or was found not to be enforcing the law. The State must certify how it will use those reserved funds for impaired‑driving countermeasures or enforcement; once certified, the money is transferred or released. States may choose to use some reserved funds for other eligible safety projects administered by the State DOT. Projects paid with these transferred funds are 100% federally funded, and the Secretary also provides the matching obligation authority.
Full Legal Text
Title 23, §154
Highways — Source: USLM XML via OLRC
(a)In this section, the following definitions apply:
(1)The term “alcoholic beverage” has the meaning given the term in section 158(c).
(2)The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated exclusively on a rail or rails.
(3)The term “open alcoholic beverage container” means any bottle, can, or other receptacle—
(A)that contains any amount of alcoholic beverage; and
(B)(i)that is open or has a broken seal; or
(ii)the contents of which are partially removed.
(4)The term “passenger area” shall have the meaning given the term by the Secretary by regulation.
(b)(1)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)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,
(c)(1)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 1½ percent of the funds apportioned to the State on that date under each of paragraphs (1), (2), and (4) of section 104(b) to the apportionment of the State under section 402—
(A)to be used for 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 impaired driving countermeasures, dedicated to enforcement of the laws (including regulations).
(2)(A)(i)On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3).
(ii)A State referred to in clause (i) is a State—
(I)that has not enacted or is not enforcing an open container law described in subsection (b); and
(II)for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing an open container law described in subsection (b).
(B)As soon as practicable after the date of receipt of a certification from a State under subparagraph (A)(i), the Secretary shall—
(i)transfer the reserved funds identified by the State for use as described in subparagraphs (A) and (B) of paragraph (1) to the apportionment of the State under section 402; and
(ii)release the reserved funds identified by the State as described in paragraph (3).
(3)(A)A State may elect to use all or a portion of the funds reserved under paragraph (2) for activities eligible under section 148.
(B)If the State makes an election under subparagraph (A), the funds shall be transferred to the department of transportation of the State, which shall be responsible for the administration of the funds.
(4)The Federal share of the cost of a project carried out with funds transferred under paragraph (1) or (2), or used under paragraph (3), shall be 100 percent.
(5)The amount to be transferred or released under paragraph (2) may be derived from the following:
(A)The apportionment of the State under section 104(b)(1).
(B)The apportionment of the State under section 104(b)(2).
(6)(A)If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs for carrying out projects under section 402.
(B)The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying—
(i)the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year, by
(ii)the ratio that—
(I)the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs, bears to
(II)the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year.
(7)Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 154, added Pub. L. 93–643, § 114(a), Jan. 4, 1975, 88 Stat. 2286; amended Pub. L. 95–599, title II, § 205, Nov. 6, 1978, 92 Stat. 2729; Pub. L. 97–35, title XI, § 1108, Aug. 13, 1981, 95 Stat. 626; Pub. L. 100–17, title I, § 174, Apr. 2, 1987, 101 Stat. 218; Pub. L. 102–240, title I, § 1029(a), (b), (e), (g), Dec. 18, 1991, 105 Stat. 1968–1970, established the national maximum speed limit, prior to repeal by Pub. L. 104–59, title II, § 205(d)(1)(B), (3), Nov. 28, 1995, 109 Stat. 577, applicable to State on 10th day following Nov. 28, 1995, except that if legislature was not in session on such date and chief executive officer declared before such date that legislature was not in session and that State preferred applicability date that was after date on which legislature would convene, applicable to State on 60th day following date on which legislature would next convene.
Amendments
2021—Subsec. (c)(1). Pub. L. 117–58, § 24106(a), substituted “impaired” for “alcohol-impaired” in subpars. (A) and (B). Subsec. (c)(2). Pub. L. 117–58, § 11131(a)(1), substituted “2022” for “2012” in heading. Subsec. (c)(2)(A). Pub. L. 117–58, § 11131(a)(2), added subpar. (A) and struck out former subpar. (A). Prior to amendment, text read as follows: “On
October 1, 2011, 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 reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1) and paragraph (3).” Subsec. (c)(2)(B). Pub. L. 117–58, § 11131(a)(3), substituted “subparagraph (A)(i)” for “subparagraph (A)” in introductory provisions. 2015—Subsec. (c)(1). Pub. L. 114–94, § 1446(a)(8)(A), substituted “paragraphs (1), (2), and (4)” for “paragraphs (1), (3), and (4)”. Subsec. (c)(3)(A). Pub. L. 114–94, § 1446(a)(8)(B), substituted “reserved” for “transferred”. Subsec. (c)(5). Pub. L. 114–94, § 1446(a)(8)(C)(i), inserted “or released” after “transferred” in introductory provisions. Subsec. (c)(5)(A). Pub. L. 114–94, § 1446(a)(8)(C)(ii), substituted “under section 104(b)(1)” for “under section 104(b)(l)”. 2012—Subsec. (c)(2). Pub. L. 112–141, § 1402(1), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “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).” Subsec. (c)(3). Pub. L. 112–141, § 1402(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “A State may elect to use all or a portion of the funds transferred under paragraph (1) or (2) for activities eligible under section 148.” Subsec. (c)(5). Pub. L. 112–141, § 1402(3), added par. (5) and struck out former par. (5). Prior to amendment, text read as follows: “The amount to be transferred under paragraph (1) or (2) may be derived from one or more of the following: “(A) The apportionment of the State under section 104(b)(1). “(B) The apportionment of the State under section 104(b)(3). “(C) The apportionment of the State under section 104(b)(4).” 2005—Subsec. (c)(3). Pub. L. 109–59 substituted “148” for “152”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2021 AmendmentAmendment by section 11131(a) of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of this title.
Effective Date
of 2015 AmendmentAmendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Effective Date
of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Effective Date
Section effective simultaneously with enactment of Pub. L. 105–178 and to be treated as included in Pub. L. 105–178 at time of enactment, see section 9016 of Pub. L. 105–206, set out as an
Effective Date
of 1998 Amendment note under section 101 of this title.
Reference
Citations & Metadata
Citation
23 U.S.C. § 154
Title 23 — Highways
Last Updated
Apr 6, 2026
Release point: 119-73