Pub. L. 94-280, tit. II, sec. 208
highway safety programs
highway safety programs Sec. 208. (a) The last three sentences of subsection (c) of section 402 of title 23, United States Code, are amended to read as follows: “For the purpose of the seventh sentence of this subsection, a highway safety program approved by the Secretary shall not include any requirement that a State implement such a program by adopting or enforcing any law, rule, or regulation based on a standard promulgated by the Secretary under this section requiring any motorcycle operator eighteen years of age or older or passenger eighteen years of age or older to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that State. Implementation of a highway safety program under this section shall not be construed to require the Secretary to require compliance with every uniform standard, or with every element of every uniform standard, in every State.”. (b) The Secretary of Transportation shall, in cooperation with the States, conduct an evaluation of (he adequacy and appropriateness of all uniform safety standards established under section 402 of title 23 of the United States Code which are in effect on the date of enactment of this Act. The Secretary shall report his findings, together with his recommendations, including hut not limited to, the need for revision or consolidation of existing standards and the establishment of new90 STAT. 455 standards, to Congress on or before July 1, 1977. Until such report is submitted, the Secretary shall not, pursuant to subsection (c) of section 402 of title 23, United States Code, withhold any apportionment or any fluids apportioned to any State because such State is failing to implement a highway safety program approved by the Secretary in accordance with such section 402.