Page:United States Statutes at Large Volume 100 Part 4.djvu/452

 100 STAT. 3207-173 }.:, ...

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State and local governments.

PUBLIC LAW 99-570—OCT. 27, 1986

(A) who passes a driving test for operation of a commercial motor vehicle in accordance with the minimum standards established under subsection (a), and (B) who has a driver's license which is not suspended, revoked, or cancelled, may operate such a vehicle for a period not to exceed 90 days. (3) EFFECTIVE DATE.—Paragraph (1) shall take effect on such date as the Secretary shall establish by regulation. Such date shall be as soon as practicable after the date of the enactment of this title but not later than April 1, 1992.

(c) B A S I C G R A N T PROGRAM.— (l) ELIGIBILITY FOR FISCAL YEARS 1987, 1988, AND 1989. — The

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Secretary may make a grant to a State in any of fiscal years 1987, 1988, and 1989— (A) if the State enters into an agreement with the Secretary to develop a program for testing and ensuring the fitness of persons who operate commercial motor vehicles; and (B) if the State has in effect and enforces in such fiscal -- ' year a law which provides that any person with a blood • •' alcohol concentration of 0.10 percent or greater when operating a commercial motor vehicle is deemed to be driving while under the influence of alcohol. (2) ELIGIBILITY AFTER FISCAL YEAR 1989.—The Secretary may

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make a grant to a State in a fiscal year beginning after September 30, 1989— (A) if the State enters into an agreement with the Secretary— (i) to adopt and administer in such fiscal year a program for testing and ensuring the fitness of persons r,: r «ij who operate commercial motor vehicles in accordance ,5, ^7" with all of the minimum Federal standards established by the Secretary under subsection (a); and ,,,^r,. (ii) to require that operators of commercial motor vehicles have passed written and driving tests which comply with such minimum standards; and ":' (B) if the State has in effect and enforces in such fiscal year a law which provides that any person with a blood alcohol concentration of 0.10 percent or greater when operating a commercial motor vehicle is deemed to be - driving while under the influence of alcohol. (3) ADMINISTRATION OF DRIVING TEST.—A State— (A) may administer driving tests referred to in paragraph (2) and section 12009(a); or (B) may enter into an agreement, approved by the Secretary, to administer such tests with a person (including a '-•-' >' department, agency or instrumentality of a local governr. «',«.;. ment) which meets such minimum standards as the Secretary shall establish by regulation— (i) if the agreement allows the Secretary and the State each to conduct random examinations, inspections, and audits of such testing without prior notification; and .b;;r (ii) if the State conducts at least annually one onsite inspection of such testing. i'^A (4) MINIMUM AMOUNT OF GRANT.—The Secretary shall determine the amount of grants in a fiscal year to be made under this

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