---
kind: "section"
citation: "23 C.F.R. § 1275.5"
title: "23"
number: "1275.5"
heading: "“General practice” certification option."
url: "https://uscodex.org/cfr/23/1275.5"
---

# §1275.5. “General practice” certification option.

- (a) Notwithstanding [§ 1275.4(a)(3)](/cfr/23/1275.4.md?p=a-3), a State that otherwise meets the requirements of [§ 1275.4](/cfr/23/1275.4.md) may comply with [23 U.S.C. 164](/usc/23/164.md) and this part based on the State's “general practice” for incarceration. A State electing this option shall—
  - (1) If the State law does not comply with the requirements of [§ 1275.4(a)(3)(i)](/cfr/23/1275.4.md?p=a-3-i), submit the following certification signed by the Governor's Representative for Highway Safety:
  - (2) If the State law does not comply with the requirements of [§ 1275.4(a)(3)(ii)](/cfr/23/1275.4.md?p=a-3-ii), submit the following certification signed by the Governor's Representative for Highway Safety:
- (b) A State electing the option under this section must submit a new certification to the appropriate NHTSA Regional Administrator by not later than October 1 of each fiscal year to avoid the reservation of funds specified in [§ 1275.6](/cfr/23/1275.6.md). The State is encouraged to submit the certification by August 15 to avoid any delay in release of funds on October 1 of that calendar year while NHTSA evaluates its certification.

## Notes

### Authority

Authority: 23 U.S.C. 164; delegation of authority at 49 CFR 1.85 and 1.95.

### Source

Source: 81 FR 67168, Sept. 30, 2016, unless otherwise noted.