105 STAT. 1972 PUBLIC LAW 102-240—DEC. 18, 1991 "(B) had in effect at all times a State law described in V subsection (a)(2) and achieved a rate of compliance with such law of not less than 70 percent. "(g) MEASUREMENTS OF RATES OF COMPUANCE.—For the purposes of subsections (fK2) and (fK3), a State shall measure compliance with State laws described in subsection (a) using methods which conform to guidelines issued by the Secretary ensuring that such measurements are accurate and representative. " (h) PENALTY.— "(1) FISCAL YEAR 1994.— If, at any time in fiscal year 1994, a State does not have in effect a law described in subsection (a)(1) and a law described in subsection (a)(2), the Secretary shall transfer IVz percent of the funds apportioned to the State for fiscal year 1995 under each of subsections (b)(D, (b)(2), and (b)(3) of section 104 of this title to the apportionment of the State under section 402 of this title. "(2) THEREAFTER. — If, at any time in a fiscal year beginning after September 30, 1994, a State does not have in effect a law described in subsection (a)(1) and a law described in subsection (a)(2), the Secretary shall transfer 3 percent of the funds apportioneid to the State for the succeeding fiscal year under each of subsections (b)(D, (b)(2), and (b)(3) of section 104 of this title to the apportionment of the State under section 402 of this title. "(3) FEDERAL SHARE.— The Federal share of the cost of any project carried out under section 402 with funds transferred to the apportionment of section 402 shall be 100 percent. "(4) TRANSFER OF OBLIGATION AUTHORITY.— 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 allocate an amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and highway / safety construction programs for carrying out only projects under section 402 which is determined by multiplying— "(A) the amount of funds transferred to the apportionment of section 402 of the State under section 402 for such fiscal year; by "(B) the ratio of the amount of obligation authority distributed for such fiscal year to the State for Federal-aid highways and highway safety construction programs to the total of the sums apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to any obligation limitation) for such fiscal year. "(5) LIMITATION ON APPLICABILITY OF HIGHWAY SAFETY OBLIGA- TiONS.—Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs carried out by the Federal Highway Administration under section 402 shall apply to funds transferred under this subsection to the apportionment of section 402. "(i) DEFINITIONS.— For the purposes of this section, the following definitions apply: "(1) MOTORCYCLE. — The term 'motorcycle' means a motor vehicle which is designed to travel on not more than 3 wheels in contact with the surface. "(2) MOTOR VEHICLE.— The term 'motor vehicle' has the meaning such term has under section 154 of this title. "(3) PASSENGER VEHICLE.—The term 'passenger vehicle' means a motor vehicle which is designed for transporting 10 individ-
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