23 U.S.C. § 148 : US Code - Section 148: Highway safety improvement program

Search 23 U.S.C. § 148 : US Code - Section 148: Highway safety improvement program

(a) Definitions. - In this section, the following definitions
apply:
(1) High risk rural road. - The term "high risk rural road"
means any roadway functionally classified as a rural major or
minor collector or a rural local road -
(A) on which the accident rate for fatalities and
incapacitating injuries exceeds the statewide average for those
functional classes of roadway; or
(B) that will likely have increases in traffic volume that
are likely to create an accident rate for fatalities and
incapacitating injuries that exceeds the statewide average for
those functional classes of roadway.
(2) Highway safety improvement program. - The term "highway
safety improvement program" means the program carried out under
this section.
(3) Highway safety improvement project. -
(A) In general. - The term "highway safety improvement
project" means a project described in the State strategic
highway safety plan that -
(i) corrects or improves a hazardous road location or
feature; or
(ii) addresses a highway safety problem.
(B) Inclusions. - The term "highway safety improvement
project" includes a project for one or more of the following:
(i) An intersection safety improvement.
(ii) Pavement and shoulder widening (including addition of
a passing lane to remedy an unsafe condition).
(iii) Installation of rumble strips or another warning
device, if the rumble strips or other warning devices do not
adversely affect the safety or mobility of bicyclists,
pedestrians, and the disabled.
(iv) Installation of a skid-resistant surface at an
intersection or other location with a high frequency of
accidents.
(v) An improvement for pedestrian or bicyclist safety or
safety of the disabled.
(vi) Construction of any project for the elimination of
hazards at a railway-highway crossing that is eligible for
funding under section 130, including the separation or
protection of grades at railway-highway crossings.
(vii) Construction of a railway-highway crossing safety
feature, including installation of protective devices.
(viii) The conduct of a model traffic enforcement activity
at a railway-highway crossing.
(ix) Construction of a traffic calming feature.
(x) Elimination of a roadside obstacle.
(xi) Improvement of highway signage and pavement markings.
(xii) Installation of a priority control system for
emergency vehicles at signalized intersections.
(xiii) Installation of a traffic control or other warning
device at a location with high accident potential.
(xiv) Safety-conscious planning.
(xv) Improvement in the collection and analysis of crash
data.
(xvi) Planning integrated interoperable emergency
communications equipment, operational activities, or traffic
enforcement activities (including police assistance) relating
to workzone safety.
(xvii) Installation of guardrails, barriers (including
barriers between construction work zones and traffic lanes
for the safety of motorists and workers), and crash
attenuators.
(xviii) The addition or retrofitting of structures or other
measures to eliminate or reduce accidents involving vehicles
and wildlife.
(xix) Installation and maintenance of signs (including
fluorescent, yellow-green signs) at pedestrian-bicycle
crossings and in school zones.
(xx) Construction and yellow-green signs at pedestrian-
bicycle crossings and in school zones.
(xxi) Construction and operational improvements on high
risk rural roads.
(4) Safety project under any other section. -
(A) In general. - The term "safety project under any other
section" means a project carried out for the purpose of safety
under any other section of this title.
(B) Inclusion. - The term "safety project under any other
section" includes a project to promote the awareness of the
public and educate the public concerning highway safety matters
(including motorcyclist safety) and a project to enforce
highway safety laws.
(5) State highway safety improvement program. - The term "State
highway safety improvement program" means projects or strategies
included in the State strategic highway safety plan carried out
as part of the State transportation improvement program under
section 135(g).
(6) State strategic highway safety plan. - The term "State
strategic highway safety plan" means a plan developed by the
State transportation department that -
(A) is developed after consultation with -
(i) a highway safety representative of the Governor of the
State;
(ii) regional transportation planning organizations and
metropolitan planning organizations, if any;
(iii) representatives of major modes of transportation;
(iv) State and local traffic enforcement officials;
(v) persons responsible for administering section 130 at
the State level;
(vi) representatives conducting Operation Lifesaver;
(vii) representatives conducting a motor carrier safety
program under section 31102, 31106, or 31309 of title 49;
(viii) motor vehicle administration agencies; and
(ix) other major State and local safety stakeholders;
(B) analyzes and makes effective use of State, regional, or
local crash data;
(C) addresses engineering, management, operation, education,
enforcement, and emergency services elements (including
integrated, interoperable emergency communications) of highway
safety as key factors in evaluating highway projects;
(D) considers safety needs of, and high-fatality segments of,
public roads;
(E) considers the results of State, regional, or local
transportation and highway safety planning processes;
(F) describes a program of projects or strategies to reduce
or eliminate safety hazards;
(G) is approved by the Governor of the State or a responsible
State agency; and
(H) is consistent with the requirements of section 135(g).
(b) Program. -
(1) In general. - The Secretary shall carry out a highway
safety improvement program.
(2) Purpose. - The purpose of the highway safety improvement
program shall be to achieve a significant reduction in traffic
fatalities and serious injuries on public roads.
(c) Eligibility. -
(1) In general. - To obligate funds apportioned under section
104(b)(5) to carry out this section, a State shall have in effect
a State highway safety improvement program under which the State -

(A) develops and implements a State strategic highway safety
plan that identifies and analyzes highway safety problems and
opportunities as provided in paragraph (2);
(B) produces a program of projects or strategies to reduce
identified safety problems;
(C) evaluates the plan on a regular basis to ensure the
accuracy of the data and priority of proposed improvements; and
(D) submits to the Secretary an annual report that -
(i) describes, in a clearly understandable fashion, not
less than 5 percent of locations determined by the State,
using criteria established in accordance with paragraph
(2)(B)(ii), as exhibiting the most severe safety needs; and
(ii) contains an assessment of -
(I) potential remedies to hazardous locations identified;
(II) estimated costs associated with those remedies; and
(III) impediments to implementation other than cost
associated with those remedies.
(2) Identification and analysis of highway safety problems and
opportunities. - As part of the State strategic highway safety
plan, a State shall -
(A) have in place a crash data system with the ability to
perform safety problem identification and countermeasure
analysis;
(B) based on the analysis required by subparagraph (A) -
(i) identify hazardous locations, sections, and elements
(including roadside obstacles, railway-highway crossing
needs, and unmarked or poorly marked roads) that constitute a
danger to motorists (including motorcyclists), bicyclists,
pedestrians, and other highway users; and
(ii) using such criteria as the State determines to be
appropriate, establish the relative severity of those
locations, in terms of accidents, injuries, deaths, traffic
volume levels, and other relevant data;
(C) adopt strategic and performance-based goals that -
(i) address traffic safety, including behavioral and
infrastructure problems and opportunities on all public
roads;
(ii) focus resources on areas of greatest need; and
(iii) are coordinated with other State highway safety
programs;
(D) advance the capabilities of the State for traffic records
data collection, analysis, and integration with other sources
of safety data (such as road inventories) in a manner that -
(i) complements the State highway safety program under
chapter 4 and the commercial vehicle safety plan under
section 31102 of title 49;
(ii) includes all public roads;
(iii) identifies hazardous locations, sections, and
elements on public roads that constitute a danger to
motorists (including motorcyclists), bicyclists, pedestrians,
the disabled, and other highway users; and
(iv) includes a means of identifying the relative severity
of hazardous locations described in clause (iii) in terms of
accidents, injuries, deaths, and traffic volume levels;
(E)(i) determine priorities for the correction of hazardous
road locations, sections, and elements (including railway-
highway crossing improvements), as identified through crash
data analysis;
(ii) identify opportunities for preventing the development of
such hazardous conditions; and
(iii) establish and implement a schedule of highway safety
improvement projects for hazard correction and hazard
prevention; and
(F)(i) establish an evaluation process to analyze and assess
results achieved by highway safety improvement projects carried
out in accordance with procedures and criteria established by
this section; and
(ii) use the information obtained under clause (i) in setting
priorities for highway safety improvement projects.
(d) Eligible Projects. -
(1) In general. - A State may obligate funds apportioned to the
State under section 104(b)(5) to carry out -
(A) any highway safety improvement project on any public road
or publicly owned bicycle or pedestrian pathway or trail; or
(B) as provided in subsection (e), other safety projects.
(2) Use of other funding for safety. -
(A) Effect of section. - Nothing in this section prohibits
the use of funds made available under other provisions of this
title for highway safety improvement projects.
(B) Use of other funds. - States are encouraged to address
the full scope of their safety needs and opportunities by using
funds made available under other provisions of this title
(except a provision that specifically prohibits that use).
(e) Flexible Funding for States With a Strategic Highway Safety
Plan. -
(1) In general. - To further the implementation of a State
strategic highway safety plan, a State may use up to 10 percent
of the amount of funds apportioned to the State under section
104(b)(5) for a fiscal year to carry out safety projects under
any other section as provided in the State strategic highway
safety plan if the State certifies that -
(A) the State has met needs in the State relating to railway-
highway crossings; and
(B) the State has met the State's infrastructure safety needs
relating to highway safety improvement projects.
(2) Other transportation and highway safety plans. - Nothing in
this subsection requires a State to revise any State process,
plan, or program in effect on the date of enactment of this
section.
(f) High Risk Rural Roads. -
(1) In general. - After making an apportionment under section
104(b)(5) for a fiscal year beginning after September 30, 2005,
the Secretary shall ensure, from amounts made available to carry
out this section for such fiscal year, that a total of
$90,000,000 of such apportionment is set aside by the States,
proportionally according to the share of each State of the total
amount so apportioned, for use only for construction and
operational improvements on high risk rural roads.
(2) Special rule. - A State may use funds apportioned to the
State pursuant to this subsection for any project under this
section if the State certifies to the Secretary that the State
has met all of State needs for construction and operational
improvements on high risk rural roads.
(g) Reports. -
(1) In general. - A State shall submit to the Secretary a
report that -
(A) describes progress being made to implement highway safety
improvement projects under this section;
(B) assesses the effectiveness of those improvements; and
(C) describes the extent to which the improvements funded
under this section contribute to the goals of -
(i) reducing the number of fatalities on roadways;
(ii) reducing the number of roadway-related injuries;
(iii) reducing the occurrences of roadway-related crashes;
(iv) mitigating the consequences of roadway-related
crashes; and
(v) reducing the occurrences of crashes at railway-highway
crossings.
(2) Contents; schedule. - The Secretary shall establish the
content and schedule for a report under paragraph (1).
(3) Transparency. - The Secretary shall make reports submitted
under subsection (c)(1)(D) available to the public through -
(A) the Web site of the Department; and
(B) such other means as the Secretary determines to be
appropriate.
(4) Discovery and admission into evidence of certain reports,
surveys, and information. - Notwithstanding any other provision
of law, reports, surveys, schedules, lists, or data compiled or
collected for any purpose directly relating to paragraph (1) or
subsection (c)(1)(D), or published by the Secretary in accordance
with paragraph (3), shall not be subject to discovery or admitted
into evidence in a Federal or State court proceeding or
considered for other purposes in any action for damages arising
from any occurrence at a location identified or addressed in such
reports, surveys, schedules, lists, or other data.
(h) Federal Share of Highway Safety Improvement Projects. -
Except as provided in sections 120 and 130, the Federal share of
the cost of a highway safety improvement project carried out with
funds apportioned to a State under section 104(b)(5) shall be 90
percent.