Highway safety programs
Program Required.—
In general.—
Each State shall have a highway safety program, approved by the Secretary, that is designed to reduce traffic accidents and the resulting deaths, injuries, and property damage.
Uniform guidelines.—
Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that—
include programs—
to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits;
to encourage the proper use of occupant protection devices (including the use of safety belts and child restraint systems) by occupants of motor vehicles;
to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance;
to prevent accidents and reduce injuries and deaths resulting from accidents involving motor vehicles and motorcycles;
to reduce injuries and deaths resulting from accidents involving school buses;
to reduce accidents resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles);
to improve law enforcement services in motor vehicle accident prevention, traffic supervision, and post-accident procedures; and
to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities;
improve driver performance, including—
driver education;
driver testing to determine proficiency to operate motor vehicles; and
driver examinations (physical, mental, and driver licensing);
improve pedestrian performance and bicycle safety;
include provisions for—
an effective record system of accidents (including resulting injuries and deaths);
accident investigations to determine the probable causes of accidents, injuries, and deaths;
vehicle registration, operation, and inspection; and
emergency services; and
to the extent determined appropriate by the Secretary, are applicable to federally administered areas where a Federal department or agency controls the highways or supervises traffic operations.
Administration of State Programs.—
Administrative requirements.—
The Secretary may not approve a State highway safety program under this section which does not—
provide that the Governor of the State shall be responsible for the administration of the program through a State highway safety agency which shall have adequate powers and be suitably equipped and organized to carry out, to the satisfaction of the Secretary, such program;
authorize political subdivisions of the State to carry out local highway safety programs within their jurisdictions as a part of the State highway safety program if such local highway safety programs are approved by the Governor and are in accordance with the minimum standards established by the Secretary under this section;
except as provided in paragraph (2), provide that at least 40 percent of all Federal funds apportioned under this section to the State for any fiscal year will be expended by the political subdivisions of the State, including Indian tribal governments, in carrying out local highway safety programs authorized in accordance with subparagraph (B);
provide adequate and reasonable access for the safe and convenient movement of individuals with disabilities, including those in wheelchairs, across curbs constructed or replaced on or after
beginning on the first day of the first fiscal year after the date of enactment of the Motor Vehicle and Highway Safety Improvement Act of 2012 for which a State submits its highway safety plan under subsection (k), provide for a data-driven traffic safety enforcement program to prevent traffic violations, crashes, and crash fatalities and injuries in areas most at risk for such incidents, to the satisfaction of the Secretary;
provide satisfactory assurances that the State will implement activities in support of national highway safety goals to reduce motor vehicle related fatalities that also reflect the primary data-related crash factors within a State as identified by the State highway safety planning process, including—
national law enforcement mobilizations and high-visibility law enforcement mobilizations coordinated by the Secretary;
sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits;
an annual statewide safety belt use survey in accordance with criteria established by the Secretary for the measurement of State safety belt use rates to ensure that the measurements are accurate and representative;
development of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources; and
ensuring that the State will coordinate its highway safety plan, data collection, and information systems with the State strategic highway safety plan (as defined in section 148(a)).
Waiver.—
The Secretary may waive the requirement of paragraph (1)(C), in whole or in part, for a fiscal year for any State whenever the Secretary determines that there is an insufficient number of local highway safety programs to justify the expenditure in the State of such percentage of Federal funds during the fiscal year.
Use of Funds.—
In general.—
Funds authorized to be appropriated to carry out this section shall be used to aid the States to conduct the highway safety programs approved in accordance with subsection (a), including development and implementation of manpower training programs, and of demonstration programs that the Secretary determines will contribute directly to the reduction of accidents, and deaths and injuries resulting therefrom.
Apportionment.—
Except for amounts identified in section 403(f), funds described in paragraph (1) shall be apportioned 75 per centum in the ratio which the population of each State bears to the total population of all the States, as shown by the latest available Federal census, and 25 per centum in the ratio which the public road mileage in each State bears to the total public road mileage in all States. For the purposes of this subsection, a “public road” means any road under the jurisdiction of and maintained by a public authority and open to public travel. Public road mileage as used in this subsection shall be determined as of the end of the calendar year preceding the year in which the funds are apportioned and shall be certified to by the Governor of the State and subject to approval by the Secretary. The annual apportionment to each State shall not be less than three-quarters of 1 percent of the total apportionment, except that the apportionment to the Secretary of the Interior shall not be less than 2 percent of the total apportionment and the apportionments to the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not be less than one-quarter of 1 per centum of the total apportionment. 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 guideline 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 guideline, or with every element of every uniform guideline, in every State. A State may use the funds apportioned under this section, in cooperation with neighboring States, for highway safety programs or related projects that may confer benefits on such neighboring States. Funds apportioned under this section to any State, that does not have a highway safety program approved by the Secretary or that is not implementing an approved program, shall be reduced by amounts equal to not less than 20 percent of the amounts that would otherwise be apportioned to the State under this section, until such time as the Secretary approves such program or determines that the State is implementing an approved program, as appropriate. The Secretary shall consider the gravity of the State’s failure to have or implement an approved program in determining the amount of the reduction.
Reapportionment.—
The Secretary shall promptly apportion the funds withheld from a State’s apportionment to the State if the Secretary approves the State’s highway safety program or determines that the State has begun implementing an approved program, as appropriate, not later than July 31st of the fiscal year for which the funds were withheld. If the Secretary determines that the State did not correct its failure within such period, the Secretary shall reapportion the withheld funds to the other States in accordance with the formula specified in paragraph (2) not later than the last day of the fiscal year.
Automated traffic enforcement systems.—
Prohibition.—
A State may not expend funds apportioned to that State under this section to carry out a program to purchase, operate, or maintain an automated traffic enforcement system.
Automated traffic enforcement system defined.—
In this paragraph, the term “automated traffic enforcement system” means any camera which captures an image of a vehicle for the purposes only of red light and speed enforcement, and does not include hand held radar and other devices operated by law enforcement officers to make an on-the-scene traffic stop, issue a traffic citation, or other enforcement action at the time of the violation.
Survey.—
A State in which an automated traffic enforcement system is installed shall expend funds apportioned to that State under this section to conduct a biennial survey that the Secretary shall make publicly available through the Internet Web site of the Department of Transportation that includes—
a list of automated traffic enforcement systems in the State;
adequate data to measure the transparency, accountability, and safety attributes of each automated traffic enforcement system; and
a comparison of each automated traffic enforcement system with—
Speed Enforcement Camera Systems Operational Guidelines (DOT HS 810 916, March 2008); and
Red Light Camera Systems Operational Guidelines (FHWA–SA–05–002, January 2005).
All provisions of chapter 1 of this title that are applicable to National Highway System highway funds other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the highway safety funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section, and except that the aggregate of all expenditures made during any fiscal year by a State and its political subdivisions (exclusive of Federal funds) for carrying out the State highway safety program (other than planning and administration) shall be available for the purpose of crediting such State during such fiscal year for the non-Federal share of the cost of any project under this section (other than one for planning or administration) without regard to whether such expenditures were actually made in connection with such project and except that, in the case of a local highway safety program carried out by an Indian tribe, if the Secretary is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of such program, he may increase the Federal share of the cost thereof payable under this Act to the extent necessary. In applying such provisions of chapter 1 in carrying out this section the term “State transportation department” as used in such provisions shall mean the Governor of a State for the purposes of this section.
Uniform guidelines promulgated by the Secretary to carry out this section shall be developed in cooperation with the States, their political subdivisions, appropriate Federal departments and agencies, and such other public and private organizations as the Secretary deems appropriate.
The Secretary may make arrangements with other Federal departments and agencies for assistance in the preparation of uniform guidelines for the highway safety programs contemplated by subsection (a) and in the administration of such programs. Such departments and agencies are directed to cooperate in such preparation and administration, on a reimbursable basis.
Restriction.—
Nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines).
Application in Indian Country.—
Use of terms.—
For the purpose of application of this section in Indian country, the terms “State” and “Governor of a State” include the Secretary of the Interior and the term “political subdivision of a State” includes an Indian tribe.
Expenditures for local highway programs.—
Notwithstanding subsection (b)(1)(C), 95 percent of the funds apportioned to the Secretary of the Interior under this section shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions.
Access for individuals with disabilities.—
The requirements of subsection (b)(1)(D) shall be applicable to Indian tribes, except to those tribes with respect to which the Secretary determines that application of such provisions would not be practicable.
Indian country defined.—
In this subsection, the term “Indian country” means—
all land within the limits of any Indian reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent and including rights-of-way running through the reservation;
all dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory thereof and whether within or without the limits of a State; and
all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.
Rulemaking Proceeding.—
The Secretary may periodically conduct a rulemaking process to identify highway safety programs that are highly effective in reducing motor vehicle crashes, injuries, and deaths. Any such rulemaking shall take into account the major role of the States in implementing such programs. When a rule promulgated in accordance with this section takes effect, States shall consider these highly effective programs when developing their highway safety programs.
Law Enforcement Vehicular Pursuit Training.—
A State shall actively encourage all relevant law enforcement agencies in such State to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are in effect on the date of enactment of this subsection or as revised and in effect after such date as determined by the Secretary.
Highway Safety Plan and Reporting Requirements.—
In general.—
With respect to fiscal year 2014, and each fiscal year thereafter, the Secretary shall require each State, as a condition of the approval of the State’s highway safety program for that fiscal year, to develop and submit to the Secretary for approval a highway safety plan that complies with the requirements under this subsection.
Timing.—
Each State shall submit to the Secretary the highway safety plan not later than July 1st of the fiscal year preceding the fiscal year to which the plan applies.
Electronic submission.—
The Secretary, in coordination with the Governors Highway Safety Association, shall develop procedures to allow States to submit highway safety plans under this subsection, including any attachments to the plans, in electronic form.
Contents.—
State highway safety plans submitted under paragraph (1) shall include—
performance measures required by the Secretary or otherwise necessary to support additional State safety goals, including—
documentation of current safety levels for each performance measure;
quantifiable annual performance targets for each performance measure; and
a justification for each performance target, that explains why each target is appropriate and evidence-based;
a strategy for programming funds apportioned to the State under this section on projects and activities that will allow the State to meet the performance targets described in subparagraph (A);
data and data analysis supporting the effectiveness of proposed countermeasures;
a description of any Federal, State, local, or private funds that the State plans to use, in addition to funds apportioned to the State under this section, to carry out the strategy described in subparagraph (B);
for the fiscal year preceding the fiscal year to which the plan applies, a report on the State’s success in meeting State safety goals and performance targets set forth in the previous year’s highway safety plan; and
an application for any additional grants available to the State under this chapter.
Performance measures.—
For the first highway safety plan submitted under this subsection, the performance measures required by the Secretary under paragraph (3)(A) shall be limited to those developed by the National Highway Traffic Safety Administration and the Governor’s Highway Safety Association and described in the report, “Traffic Safety Performance Measures for States and Federal Agencies” (DOT HS 811 025). For subsequent highway safety plans, the Secretary shall coordinate with the Governor’s Highway Safety Association in making revisions to the set of required performance measures.
Review of highway safety plans.—
In general.—
Not later than 45 days after the date on which a State’s highway safety plan is received by the Secretary, the Secretary shall review and approve or disapprove the plan.
Approvals and disapprovals.—
Approvals.—
The Secretary shall approve a State’s highway safety plan if the Secretary determines that—
the plan and the performance targets contained in the plan are evidence-based and supported by data; and
the plan, once implemented, will allow the State to meet the State’s performance targets.
Disapprovals.—
The Secretary shall disapprove a State’s highway safety plan if the Secretary determines that—
the plan and the performance targets contained in the plan are not evidence-based or supported by data; or
the plan does not provide for programming of funding in a manner sufficient to allow the State to meet the State’s performance targets.
Actions upon disapproval.—
If the Secretary disapproves a State’s highway safety plan, the Secretary shall—
inform the State of the reasons for such disapproval; and
require the State to resubmit the plan with any modifications that the Secretary determines to be necessary.
Review of resubmitted plans.—
If the Secretary requires a State to resubmit a highway safety plan, with modifications, the Secretary shall review and approve or disapprove the modified plan not later than 30 days after the date on which the Secretary receives such plan.
Public notice.—
A State shall make the State’s highway safety plan, and decisions of the Secretary concerning approval or disapproval of a revised plan, available to the public.
redesignated (j).]
Teen Traffic Safety.—
In general.—
Subject to the requirements of a State’s highway safety plan, as approved by the Secretary under subsection (k), a State may use a portion of the amounts received under this section to implement statewide efforts to improve traffic safety for teen drivers.
Use of funds.—
Statewide efforts under paragraph (1)—
shall include peer-to-peer education and prevention strategies in schools and communities designed to—
increase safety belt use;
reduce speeding;
reduce impaired and distracted driving;
reduce underage drinking; and
reduce other behaviors by teen drivers that lead to injuries and fatalities; and
may include—
working with student-led groups and school advisors to plan and implement teen traffic safety programs;
providing subgrants to schools throughout the State to support the establishment and expansion of student groups focused on teen traffic safety;
providing support, training, and technical assistance to establish and expand school and community safety programs for teen drivers;
creating statewide or regional websites to publicize and circulate information on teen safety programs;
conducting outreach and providing educational resources for parents;
establishing State or regional advisory councils comprised of teen drivers to provide input and recommendations to the governor and the governor’s safety representative on issues related to the safety of teen drivers;
collaborating with law enforcement;
establishing partnerships and promoting coordination among community stakeholders, including public, not-for-profit, and for profit entities;
increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities; and
support for school-based driver’s education classes to improve teen knowledge about—
safe driving practices; and
State graduated driving license requirements, including behind-the-wheel training required to meet those requirements.
Biennial Report to Congress.—
Not later than
an evaluation of each State’s performance with respect to the State’s highway safety plan under subsection (k) and performance targets set by the States in such plans; and
such recommendations as the Secretary may have for improvements to activities carried out under subsection (k).
Source
(Added Pub. L. 89–564, title I, § 101,Notes
References in Text
Amendments
Effective Date of 2015 Amendment
Effective Date of 2012 Amendment
Effective Date of 2008 Amendment
Effective Date of 2005 Amendment
Effective Date of 1991 Amendment
Effective Date of 1984 Amendment
Effective Date of 1981 Amendment
Effective Date of 1978 Amendment
Effective Date of 1970 Amendment
Effective Date of 1968 Amendment
Increasing Public Awareness of the Dangers of Drug-Impaired Driving
Additional Actions.—
The Administrator of the National Highway Traffic Safety Administration, in consultation with the White House Office of National Drug Control Policy, the Secretary of Health and Human Services, State highway safety offices, and other interested parties, as determined by the Administrator, shall identify and carry out additional actions that should be undertaken by the Administration to assist States in their efforts to increase public awareness of the dangers of drug-impaired driving, including the dangers of driving while under the influence of heroin or prescription opioids.
Report.—
Not later than 60 days after the date of enactment of this Act [
Regulatory Authority; State Matching Requirements; Grant Application and Deadline
Regulatory Authority.—
Grants awarded under this title [title IV of div. A of Pub. L. 114–94, see Tables for classification] shall be carried out in accordance with regulations issued by the Secretary [of Transportation].
State Matching Requirements.—
If a grant awarded under chapter 4 of title 23, United States Code, requires a State to share in the cost, the aggregate of all expenditures for highway safety activities made during a fiscal year by the State and its political subdivisions (exclusive of Federal funds) for carrying out the grant (other than planning and administration) shall be available for the purpose of crediting the State during such fiscal year for the non-Federal share of the cost of any other project carried out under chapter 4 of title 23, United States Code (other than planning or administration), without regard to whether such expenditures were made in connection with such project.
Grant Application and Deadline.—
To receive a grant under chapter 4 of title 23, United States Code, a State shall submit an application, and the Secretary shall establish a single deadline for such applications to enable the award of grants early in the next fiscal year.”
Safe Routes to School Program
Establishment.—
Subject to the requirements of this section, the Secretary [of Transportation] shall establish and carry out a safe routes to school program for the benefit of children in primary and middle schools.
Purposes.—
The purposes of the program shall be—
to enable and encourage children, including those with disabilities, to walk and bicycle to school;
to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and
to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.
Apportionment of Funds.—
In general.—
Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States in the ratio that—
the total student enrollment in primary and middle schools in each State; bears to
the total student enrollment in primary and middle schools in all States.
Minimum apportionment.—
No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000.
Set-aside for administrative expenses.—
Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary [of Transportation] shall set aside not more than $3,000,000 of such amounts for the administrative expenses of the Secretary in carrying out this subsection.
Determination of student enrollments.—
Determinations under this subsection concerning student enrollments shall be made by the Secretary.
Administration of Amounts.—
Amounts apportioned to a State under this section shall be administered by the State’s department of transportation.
Eligible Recipients.—
Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, tribal, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section.
Eligible Projects and Activities.—
Infrastructure-related projects.—
In general.—
Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools.
Location of projects.—
Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools.
Noninfrastructure-related activities.—
In general.—
In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs.
Allocation.—
Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this subparagraph.
Safe routes to school coordinator.—
Each State receiving an apportionment under this section for a fiscal year shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the State’s safe routes to school program.
Clearinghouse.—
In general.—
The Secretary [of Transportation] shall make grants to a national nonprofit organization engaged in promoting safe routes to schools to—
operate a national safe routes to school clearinghouse;
develop information and educational programs on safe routes to school; and
provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs.
Funding.—
The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (c)(3).
Task Force.—
In general.—
The Secretary [of Transportation] shall establish a national safe routes to school task force composed of leaders in health, transportation, and education, including representatives of appropriate Federal agencies, to study and develop a strategy for advancing safe routes to school programs nationwide.
Report.—
Not later than
Funding.—
The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (c)(3).
Applicability of Title 23.—
Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project or activity under this section shall be 100 percent.
Treatment of Projects.—
Notwithstanding any other provision of law, projects assisted under this subsection shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code.
Definitions.—
In this section, the following definitions apply:
In the vicinity of schools.—
The term ‘in the vicinity of schools’ means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles).
Primary and middle schools.—
The term ‘primary and middle schools’ means schools providing education from kindergarten through eighth grade.”
Roadway Safety
Road Safety.—
In general.—
The Secretary [of Transportation] shall enter into an agreement to assist in the activities of a national nonprofit organization that is dedicated solely to improving public road safety—
by improving the quality of data pertaining to public road hazards and design features that affect or increase the severity of motor vehicle crashes;
by developing and carrying out a public awareness campaign to educate State and local transportation officials, public safety officials, and motorists regarding the extent to which public road hazards and design features are a factor in motor vehicle crashes; and
by promoting public road safety research and technology transfer activities.
Funding.—
There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $500,000 for each of fiscal years 2006 through 2009 to carry out this subsection.
Applicability of title 23.—
Funds made available by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall remain available until expended.
Bicycle and Pedestrian Safety Grants.—
In general.—
The Secretary [of Transportation] shall make grants to a national, not-for-profit organization engaged in promoting bicycle and pedestrian safety—
to operate a national bicycle and pedestrian clearinghouse;
to develop information and educational programs; and
to disseminate techniques and strategies for improving bicycle and pedestrian safety.
Funding.—
There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $300,000 for fiscal year 2005 and $500,000 for each of fiscal years 2006 through 2009 to carry out this subsection.
Applicability of title 23.—
Funds made available by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall remain available until expended.”
Grant Program To Prohibit Racial Profiling
Grants.—
Subject to the requirements of this section, the Secretary [of Transportation] shall make grants to a State that—
is maintaining and allows public inspection of statistical information for each motor vehicle stop made by a law enforcement officer on a Federal-aid highway in the State regarding the race and ethnicity of the driver; or
provides assurances satisfactory to the Secretary that the State is undertaking activities to comply with the requirements of paragraph (1).
Use of Grant Funds.—
A grant received by a State under subsection (a) shall be used by the State for the costs of—
collecting and maintaining data on traffic stops; and
evaluating the results of the data.
Limitations.—
Maximum amount of grants.—
The total amount of grants made to a State under this section in a fiscal year may not exceed 5 percent of the amount made available to carry out this section in the fiscal year.
Eligibility.—
On or after
Funding.—
In general.—
From funds made available under section 403 of title 23, United States Code, the Secretary shall set aside $7,500,000 for each of fiscal years 2017 through 2020 to carry out this section.
Contract authority.—
Funds made available under this subsection shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except the Federal share of the cost of activities carried out using such funds shall be 80 percent.
Other uses.—
The Secretary may reallocate, before the last day of any fiscal year, amounts remaining available under paragraph (1) to increase the amounts made available to carry out any of other activities authorized under section 403 of title 23, United States Code, in order to ensure, to the maximum extent possible, that all such amounts are obligated during such fiscal year.”
High Visibility Enforcement Program
In General.—
The Administrator of the National Highway Traffic Safety Administration shall establish and administer a program under which at least 3 high-visibility traffic safety law enforcement campaigns will be carried out for the purposes specified in subsection (b) in each of fiscal years 2013 through 2015 and in the period beginning on
Purpose.—
The purpose of each law enforcement campaign under this section shall be to achieve outcomes related to at least 1 of the following objectives:
Reduce alcohol-impaired or drug-impaired operation of motor vehicles.
Increase use of seat belts by occupants of motor vehicles.
Advertising.—
The Administrator may use, or authorize the use of, funds available to carry out this section to pay for the development, production, and use of broadcast and print media advertising and Internet-based outreach in carrying out traffic safety law enforcement campaigns under this section. Consideration shall be given to advertising directed at non-English speaking populations, including those who listen, read, or watch nontraditional media.
Coordination With States.—
The Administrator shall coordinate with the States in carrying out the traffic safety law enforcement campaigns under this section, including advertising funded under subsection (c), with a view to—
relying on States to provide the law enforcement resources for the campaigns out of funding available under this section and sections 402, 405, [former] 406, and [former] 410 of title 23, United States Code; and
providing out of National Highway Traffic Safety Administration resources most of the means necessary for national advertising and education efforts associated with the law enforcement campaigns.
Use of Funds.—
Funds made available to carry out this section may only be used for activities described in subsection (c).
State Defined.—
The term ‘State’ has the meaning such term has under section 401 of title 23, United States Code.”
Motorcyclist Safety
First Responder Vehicle Safety Program
Law Enforcement Training
National Bicycle Safety Education Curriculum
Development.—
The Secretary is authorized to develop a national bicycle safety education curriculum that may include courses relating to on-road training.
Report.—
Not later than 12 months after the date of enactment of this Act [
Funding.—
From amounts made available under section 210 [probably should be section 206], the Secretary may use not to exceed $500,000 for fiscal year 1999 to carry out this subsection.”
Bicycle and Pedestrian Safety Grants
In general.—
The Secretary shall make grants to a national, not-for-profit organization engaged in promoting bicycle and pedestrian safety—
to operate a national bicycle and pedestrian clearinghouse;
to develop information and educational programs; and
to disseminate techniques and strategies for improving bicycle and pedestrian safety.
Authorization of appropriations.—
There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection $500,000 for each of fiscal years 1998 through 2004 and $415,000 for the period of
Applicability of title 23.—
Funds authorized by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the funds shall remain available until expended.”
Highway Safety Education and Information
In general.—
For fiscal years 1999 and 2000, the Secretary shall allow any State to use funds apportioned to the State under section 402 of title 23, United States Code, to purchase television and radio time for highway safety public service messages.
Reports by states.—
Any State that uses funds described in paragraph (1) for purchasing television and radio time for highway safety public service messages shall submit to the Secretary a report describing, and assessing the effectiveness of, the messages.
Study.—
Based on information contained in the reports submitted under paragraph (2), the Secretary shall prepare and transmit to Congress a report on the effectiveness of purchasing television and radio time for highway safety public service messages using funds described in paragraph (1).”
Evaluation of Handicapped Parking System
Obligation Limitation
Handicapped Parking System
Regulations.—
Not later than the 180th day following the date of the enactment of this Act [
which establish a uniform system for handicapped parking designed to enhance the safety of handicapped individuals, and
which encourage adoption of such system by all the States.
In issuing such regulations, the Secretary shall consult the States.
Definitions.—
For purposes of this section—
Uniform system for handicapped parking.—
A uniform system for handicapped parking designed to enhance the safety of handicapped individuals is a system which—
adopts the International Symbol of Access (as adopted by Rehabilitation International in 1969 at its 11th World Congress on Rehabilitation of the Disabled) as the only recognized symbol for the identification of vehicles used for transporting individuals with handicaps which limit or impair the ability to walk;
provides for the issuance of license plates displaying the International Symbol of Access for vehicles which will be used to transport individuals with handicaps which limit or impair the ability to walk, under criteria determined by the State;
provides for the issuance of removable windshield placards (displaying the International Symbol of Access) to individuals with handicaps which limit or impair the ability to walk, under criteria determined by the State;
provides that fees charged for the licensing or registration of a vehicle used to transport individuals with handicaps do not exceed fees charged for the licensing or registration of other similar vehicles operated in the State; and
for purposes of easy access parking, recognizes licenses and placards displaying the International Symbol of Access which have been issued by other States and countries.
State.—
The term ‘State’ has the meaning such term has when used in chapter 4 of title 23, United States Code.”
Parking for Handicapped Persons; Study and Report; Proposed Uniform State Law
Study.—
The Secretary shall conduct a study for the purpose of determining—
any problems encountered by handicapped persons in parking motor vehicles; and
whether or not each State should establish parking privileges for handicapped persons and grant to nonresidents of the State the same parking privileges as are granted to residents.
Report.—
Not later than 180 days after the date of the enactment of this Act [
Development of Proposed Uniform State Law.—
Requirement.—
If the Secretary determines under subsection (a) that each State should establish parking privileges for handicapped persons and grant to nonresidents of the State the same parking privileges as are granted to residents, the Secretary shall develop a proposed uniform State law with respect to parking privileges for handicapped persons and submit a copy of the proposed uniform State law to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives and each State.
Factors to consider.—
In developing the proposed uniform State law, the Secretary shall consult with the States and shall consider any advantages—
of ensuring that parking privileges for handicapped persons may be utilized whether a handicapped person is a passenger or a driver;
of the use of the international symbol of access as the exclusive symbol identifying parking zones for handicapped persons and identifying vehicles that may park in such parking zones;
of displaying the international symbol of access on license plates or license plate decals and on identification placards; and
of designing any identification placard so that the placard is easily visible when placed in the interior of any vehicle.
Report.—
If a proposed uniform State law with respect to parking privileges for handicapped persons is developed and submitted to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives under paragraph (1), within 12 months after the date of such submission and each year thereafter, the Secretary shall report to such committees on the extent to which each State has adopted the proposed uniform State law.”
Schoolbus Safety Measures; Study by National Academy of Sciences and Report; Publication of List of Most Effective Safety Measures in Federal Register; Schoolbus Safety Grant Program
Study.—
National academy of sciences.—
Not later than 30 days after the date of the enactment of this Act [
Report.—
In entering into any arrangements with the National Academy of Sciences for conducting the study and investigation under this subsection, the Secretary shall request the National Academy of Sciences to submit, not later than 18 months after the date on which such arrangements are completed, to Congress and the Secretary a report on the results of such study and investigation. The report shall contain a list of those safety measures determined by the Academy to be most effective in protecting the safety of schoolchildren while boarding, leaving, and riding in schoolbuses.
Review of report.—
Upon receipt of the report under paragraph (2), the Secretary shall review such report for the purpose of determining those safety measures that are the most effective in protecting the safety of schoolchildren while boarding, leaving, and riding in schoolbuses. Not later than 2 months after the date of receipt of such report, the Secretary shall publish in the Federal Register a list of those safety measures which the Secretary determines are the most effective in protecting the safety of such children.
Information.—
Upon request of the National Academy of Sciences, the Secretary shall furnish to the Academy any information which the Academy deems necessary for the purpose of conducting the study and investigation under this subsection.
Schoolbus Safety Grant Program.—
Set-aside.—
Before apportioning any funds made available to carry out section 402 of title 23, United States Code, for each of fiscal years 1989, 1990, and 1991, the Secretary may set aside an amount not to exceed $5,000,000 for making grants to States to implement those schoolbus safety measures published by the Secretary under subsection (a).
Application.—
Any State interested in receiving under this subsection a grant to implement schoolbus safety measures in fiscal year 1989, 1990, or 1991 shall submit to the Secretary an application for such grant. Applications under this subsection shall be submitted at such time and in such form and contain such information as the Secretary may require by regulation.
Limitation.—
No State shall receive more than 30 percent of the funds set aside pursuant to this subsection for any fiscal year in grants under this subsection.”
Special Parking Privileges for Handicapped Persons
The Congress finds that—
in this Nation there exist millions of handicapped people with severe physical impairments including partial paralysis, limb amputation, chronic heart condition, emphysema, arthritis, rheumatism, and other debilitating conditions which greatly limit their personal mobility;
these people reside in each of the several States and have need and reason to travel from one State to another for business and recreational purposes;
each State maintains the right to establish and enforce its own code of regulations regarding the appropriate use of motor vehicles operating within its jurisdiction;
within a given State handicapped individuals are oftentimes granted special parking privileges to help offset the limitations imposed by their physical impairment;
these special parking privileges vary from State to State as do the methods and means of identifying vehicles used by disabled individuals, all of which serve to impede both the enforcement of special parking privileges and the handicapped individual’s freedom to properly utilize such privileges;
there are many efforts currently underway to help alleviate these problems through public awareness and administrative change as encouraged by concerned individuals and national associations directly involved in matters relating to the issue of special parking privileges for disabled individuals; and
despite these efforts the fact remains that many States may need to give the matter legislative consideration to ensure a proper resolution of this issue, especially as it relates to law enforcement and placard responsibility.
The Congress encourages each of the several States working through the National Governors Conference to—
adopt the International Symbol of Access as the only recognized and adopted symbol to be used to identify vehicles carrying those citizens with acknowledged physical impairments;
grant to vehicles displaying this symbol the special parking privileges which a State may provide; and
permit the International Symbol of Access to appear either on a specialized license plate, or on a specialized placard placed in the vehicles so as to be clearly visible through the front windshield, or on both such places.
It is the sense of the Congress that agreements of reciprocity relating to the special parking privileges granted handicapped individuals should be developed and entered into by and between the several States so as to—
facilitate the free and unencumbered use between the several States, of the special parking privileges afforded those people with acknowledged handicapped conditions, without regard to the State of residence of the handicapped person utilizing such privilege;
improve the ease of law enforcement in each State of its special parking privileges and to facilitate the handling of violators; and
ensure that motor vehicles carrying individuals with acknowledged handicapped conditions be given fair and predictable treatment throughout the Nation.
As used in this section the term ‘State’ means the several States and the District of Columbia.
The Secretary of Transportation shall provide a copy of this section to the Governor of each State and the Mayor of the District of Columbia.”