Collapse to view only § 404. High-visibility enforcement program

§ 401.
Authority of the Secretary

The Secretary is authorized and directed to assist and cooperate with other Federal departments and agencies, State and local governments, private industry, and other interested parties, to increase highway safety. For the purposes of this chapter, the term “State” means any one of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966, 80 Stat. 731; amended Pub. L. 93–87, title II, § 218, Aug. 13, 1973, 87 Stat. 290; Pub. L. 98–363, § 3(b), July 17, 1984, 98 Stat. 436; Pub. L. 100–17, title I, § 133(b)(19), Apr. 2, 1987, 101 Stat. 172.)
§ 402.
Highway safety programs
(a)
Program Required.—
(1)
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.
(2)
Uniform guidelines.—
Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that—
(A)
include programs—
(i) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits;
(ii) to encourage the proper use of occupant protection devices (including the use of safety belts and child restraint systems) by occupants of motor vehicles;
(iii) to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance;
(iv) to prevent accidents and reduce injuries and deaths resulting from accidents involving motor vehicles and motorcycles;
(v) to reduce injuries and deaths resulting from accidents involving school buses;
(vi) 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);
(vii) to improve law enforcement services in motor vehicle accident prevention, traffic supervision, and post-accident procedures; and
(viii) to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities;
(B)
improve driver performance, including—
(i) driver education;
(ii) driver testing to determine proficiency to operate motor vehicles; and
(iii) driver examinations (physical, mental, and driver licensing);
(C) improve pedestrian performance and bicycle safety;
(D)
include provisions for—
(i) an effective record system of accidents (including resulting injuries and deaths);
(ii) accident investigations to determine the probable causes of accidents, injuries, and deaths;
(iii) vehicle registration, operation, and inspection; and
(iv) emergency services; and
(E) 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.
(b)
Administration of State Programs.—
(1)
Administrative requirements.—
The Secretary may not approve a State highway safety program under this section which does not—
(A) 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;
(B) 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;
(C) 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);
(D) 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 July 1, 1976, at all pedestrian crosswalks throughout the State;
(E) 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;
(F)
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—
(i) national law enforcement mobilizations and high-visibility law enforcement mobilizations coordinated by the Secretary;
(ii) sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits;
(iii) 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;
(iv) development of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources; and
(v) 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)).
(2)
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.
(c)
Use of Funds.—
(1)
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.
(2)
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.
(3)
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.
(4)
Automated traffic enforcement systems.—
(A)
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.
(B)
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.
(C)
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—
(i) a list of automated traffic enforcement systems in the State;
(ii) adequate data to measure the transparency, accountability, and safety attributes of each automated traffic enforcement system; and
(iii)
(I) Speed Enforcement Camera Systems Operational Guidelines (DOT HS 810 916, March 2008); and(II) Red Light Camera Systems Operational Guidelines (FHWA–SA–05–002, January 2005).
(d) 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.
(e) 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.
(f) 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.
(g)
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).
(h)
Application in Indian Country.—
(1)
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.
(2)
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.
(3)
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.
(4)
Indian country defined.—
In this subsection, the term “Indian country” means—
(A) 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;
(B) 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
(C) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.
(i)
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.
(j)
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.
(k)
Highway Safety Plan and Reporting Requirements.—
(1)
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.
(2)
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.
(3)
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.
(4)
Contents.—
State highway safety plans submitted under paragraph (1) shall include—
(A)
performance measures required by the Secretary or otherwise necessary to support additional State safety goals, including—
(i) documentation of current safety levels for each performance measure;
(ii) quantifiable annual performance targets for each performance measure; and
(iii) a justification for each performance target, that explains why each target is appropriate and evidence-based;
(B) 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);
(C) data and data analysis supporting the effectiveness of proposed countermeasures;
(D) 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);
(E) 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
(F) an application for any additional grants available to the State under this chapter.
(5)
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.
(6)
Review of highway safety plans.—
(A)
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.
(B)
Approvals and disapprovals.—
(i)
Approvals.—
The Secretary shall approve a State’s highway safety plan if the Secretary determines that—
(I) the plan and the performance targets contained in the plan are evidence-based and supported by data; and(II) the plan, once implemented, will allow the State to meet the State’s performance targets.
(ii)
Disapprovals.—
The Secretary shall disapprove a State’s highway safety plan if the Secretary determines that—
(I) the plan and the performance targets contained in the plan are not evidence-based or supported by data; or(II) the plan does not provide for programming of funding in a manner sufficient to allow the State to meet the State’s performance targets.
(C)
Actions upon disapproval.—
If the Secretary disapproves a State’s highway safety plan, the Secretary shall—
(i) inform the State of the reasons for such disapproval; and
(ii) require the State to resubmit the plan with any modifications that the Secretary determines to be necessary.
(D)
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.
(E)
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.
[(l) redesignated (j).]
(m)
Teen Traffic Safety.—
(1)
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.
(2)
Use of funds.—
Statewide efforts under paragraph (1)—
(A)
shall include peer-to-peer education and prevention strategies in schools and communities designed to—
(i) increase safety belt use;
(ii) reduce speeding;
(iii) reduce impaired and distracted driving;
(iv) reduce underage drinking; and
(v) reduce other behaviors by teen drivers that lead to injuries and fatalities; and
(B)
may include—
(i) working with student-led groups and school advisors to plan and implement teen traffic safety programs;
(ii) providing subgrants to schools throughout the State to support the establishment and expansion of student groups focused on teen traffic safety;
(iii) providing support, training, and technical assistance to establish and expand school and community safety programs for teen drivers;
(iv) creating statewide or regional websites to publicize and circulate information on teen safety programs;
(v) conducting outreach and providing educational resources for parents;
(vi) 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;
(vii) collaborating with law enforcement;
(viii) establishing partnerships and promoting coordination among community stakeholders, including public, not-for-profit, and for profit entities;
(ix) increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities; and
(x)
support for school-based driver’s education classes to improve teen knowledge about—
(I) safe driving practices; and(II) State graduated driving license requirements, including behind-the-wheel training required to meet those requirements.
(n)
Public Transparency.—
The Secretary shall publicly release on its website information that contains 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. Such information shall be posted on the website within 45 calendar days of approval of a State’s highway safety plan.
(Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966, 80 Stat. 731; amended Pub. L. 90–495, § 13, Aug. 23, 1968, 82 Stat. 822; Pub. L. 91–605, title II, §§ 202(c), (d), (e), 203(a), Dec. 31, 1970, 84 Stat. 1740, 1741; Pub. L. 93–87, title II, §§ 207, 215–217, 219, 228, 229, 231, Aug. 13, 1973, 87 Stat. 285, 290, 293, 294; Pub. L. 94–280, title II, §§ 204, 208(a), 211, 212, May 5, 1976, 90 Stat. 453, 454, 455; Pub. L. 95–599, title II, § 207(a), (b)(1), (c), (d), Nov. 6, 1978, 92 Stat. 2731, 2732; Pub. L. 97–35, title XI, § 1107(c)–(e), Aug. 13, 1981, 95 Stat. 626; Pub. L. 97–424, title II, § 208, Jan. 6, 1983, 96 Stat. 2140; Pub. L. 98–363, §§ 3(a), 5, July 17, 1984, 98 Stat. 436; Pub. L. 100–17, title I, § 133(b)(20), title II, § 206, Apr. 2, 1987, 101 Stat. 172, 221; Pub. L. 102–240, title II, § 2002, Dec. 18, 1991, 105 Stat. 2070; Pub. L. 104–66, title I, § 1121(d), Dec. 21, 1995, 109 Stat. 724; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), title II, § 2001(a)–(e), June 9, 1998, 112 Stat. 193, 323, 324; Pub. L. 109–59, title II, § 2002(a)–(d), Aug. 10, 2005, 119 Stat. 1521; Pub. L. 110–244, title III, § 303(a)–(c)(1), June 6, 2008, 122 Stat. 1619; Pub. L. 112–141, div. C, title I, § 31102, July 6, 2012, 126 Stat. 734; Pub. L. 114–94, div. A, title IV, §§ 4002, 4014(1), Dec. 4, 2015, 129 Stat. 1499, 1513; Pub. L. 115–420, § 5(a), Jan. 3, 2019, 132 Stat. 5445.)
§ 403.
Highway safety research and development
(a)
Defined Term.—
In this section, the term “Federal laboratory” includes—
(1) a government-owned, government-operated laboratory; and
(2) a government-owned, contractor-operated laboratory.
(b)
General Authority.—
(1)
Research and development activities.—
(A)
all aspects of highway and traffic safety systems and conditions relating to—
(i) vehicle, highway, driver, passenger, motorcyclist, bicyclist, and pedestrian characteristics;
(ii) accident causation and investigations;
(iii) communications; and
(iv) emergency medical services, including the transportation of the injured;
(B)
human behavioral factors and their effect on highway and traffic safety, including—
(i) driver education;
(ii) impaired driving; and
(iii) distracted driving;
(C) an evaluation of the effectiveness of countermeasures to increase highway and traffic safety, including occupant protection and alcohol- and drug-impaired driving technologies and initiatives;
(D) the development of technologies to detect drug impaired drivers;
(E) research on, evaluations of, and identification of best practices related to driver education programs (including driver education curricula, instructor training and certification, program administration, and delivery mechanisms) and make recommendations for harmonizing driver education and multistage graduated licensing systems; and
(F) the effect of State laws on any aspects, activities, or programs described in subparagraphs (A) through (E).
(2)
Cooperation, grants, and contracts.—
The Secretary may carry out this section—
(A) independently;
(B) in cooperation with other Federal departments, agencies, and instrumentalities and Federal laboratories;
(C) by entering into contracts, cooperative agreements, and other transactions with the National Academy of Sciences, any Federal laboratory, State or local agency, authority, association, institution, foreign government (in coordination with the Department of State) or person (as defined in chapter 1 of title 1); or
(D) by making grants to the National Academy of Sciences, any Federal laboratory, State or local agency, authority, association, institution, or person (as defined in chapter 1 of title 1).
(c)
Collaborative Research and Development.—
(1)
In general.—
To encourage innovative solutions to highway safety problems, stimulate voluntary improvements in highway safety, and stimulate the marketing of new highway safety related technology by private industry, the Secretary is authorized to carry out, on a cost-shared basis, collaborative research and development with—
(A) non-Federal entities, including State and local governments, foreign governments, colleges, universities, corporations, partnerships, sole proprietorships, organizations, and trade associations that are incorporated or established under the laws of any State or the United States; and
(B) Federal laboratories.
(2)
Agreements.—
In carrying out this subsection, the Secretary may enter into cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)) in which the Secretary provides not more than 50 percent of the cost of any research or development project under this subsection.
(3)
Use of technology.—
The research, development, or use of any technology pursuant to an agreement under this subsection, including the terms under which technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
(d)
Title to Equipment.—
In furtherance of the purposes set forth in section 402, the Secretary may vest title to equipment purchased for demonstration projects with funds authorized under this section to State or local agencies on such terms and conditions as the Secretary determines to be appropriate.
(e)
Prohibition on Certain Disclosures.—
Any report of the National Highway Traffic Safety Administration, or of any officer, employee, or contractor of the National Highway Traffic Safety Administration, relating to any highway traffic accident or the investigation of such accident conducted pursuant to this chapter or chapter 301 of title 49 may only be made available to the public in a manner that does not identify individuals.
(f)
Cooperative Research and Evaluation.—
(1)
Establishment and funding.—
Notwithstanding the apportionment formula set forth in section 402(c)(2), $2,500,000 of the total amount available for apportionment to the States for highway safety programs under subsection 1
1 So in original. Probably should be “section”.
402(c) in each fiscal year ending before October 1, 2015, and $443,989 of the total amount available for apportionment to the States for highway safety programs under section 402(c) in the period beginning on October 1, 2015, and ending on December 4, 2015, shall be available for expenditure by the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, for a cooperative research and evaluation program to research and evaluate priority highway safety countermeasures.
(2)
Administration.—
The program established under paragraph (1)—
(A) shall be administered by the Administrator of the National Highway Traffic Safety Administration; and
(B) shall be jointly managed by the Governors Highway Safety Association and the National Highway Traffic Safety Administration.
(g)
International Cooperation.—
The Administrator of the National Highway Traffic Safety Administration may participate and cooperate in international activities to enhance highway safety.
(h)
In-vehicle Alcohol Detection Device Research.—
(1)
In general.—
The Administrator of the National Highway Traffic Safety Administration shall carry out a collaborative research effort under chapter 301 of title 49 on in-vehicle technology to prevent alcohol-impaired driving.
(2)
Funding.—
The Secretary shall obligate from funds made available to carry out this section for the period covering fiscal years 2017 through 2021 not more than $26,560,000 to conduct the research described in paragraph (1).
(3)
Privacy protection.—
The Administrator shall not develop requirements for any device or means of technology to be installed in an automobile intended for retail sale that records a driver’s blood alcohol concentration.
(4)
Reports.—
The Administrator shall submit an annual report to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and Committee on Science, Space, and Technology of the House of Representatives that—
(A) describes the progress made in carrying out the collaborative research effort; and
(B) includes an accounting for the use of Federal funds obligated or expended in carrying out that effort.
(5)
Definitions.—
In this subsection:
(A)
Alcohol-impaired driving.—
The term “alcohol-impaired driving” means the operation of a motor vehicle (as defined in section 30102(a)(6) of title 49 2
2 See References in Text note below.
) by an individual whose blood alcohol content is at or above the legal limit.
(B)
Legal limit.—
The term “legal limit” means a blood alcohol concentration of 0.08 percent or greater (as set forth in section 163(a)) or such other percentage limitation as may be established by applicable Federal, State, or local law.
(i)
Limitation on Drug and Alcohol Survey Data.—
The Secretary shall establish procedures and guidelines to ensure that any person participating in a program or activity that collects data on drug or alcohol use by drivers of motor vehicles and is carried out under this section is informed that the program or activity is voluntary.
(j)
Federal Share.—
The Federal share of the cost of any project or activity carried out under this section may be not more than 100 percent.
(Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966, 80 Stat. 733; amended Pub. L. 93–87, title II, §§ 208(a), 220–222, 226(a), Aug. 13, 1973, 87 Stat. 286, 291, 292; Pub. L. 102–240, title II, § 2003, Dec. 18, 1991, 105 Stat. 2071; Pub. L. 105–178, title II, § 2002(a), (b)(1), June 9, 1998, 112 Stat. 325; Pub. L. 109–59, title II, §§ 2003(a), (b), 2013(e), Aug. 10, 2005, 119 Stat. 1522, 1540; Pub. L. 112–141, div. C, title I, § 31103, July 6, 2012, 126 Stat. 739; Pub. L. 113–159, title I, § 1101(b), Aug. 8, 2014, 128 Stat. 1843; Pub. L. 114–21, title I, § 1101(b), May 29, 2015, 129 Stat. 221; Pub. L. 114–41, title I, § 1101(b), July 31, 2015, 129 Stat. 448; Pub. L. 114–73, title I, § 1101(b), Oct. 29, 2015, 129 Stat. 571; Pub. L. 114–87, title I, § 1101(b), Nov. 20, 2015, 129 Stat. 680; Pub. L. 114–94, div. A, title IV, §§ 4003, 4014(2), div. B, title XXIV, § 24202(b), Dec. 4, 2015, 129 Stat. 1500, 1513, 1712; Pub. L. 116–159, div. B, title I, § 1103, Oct. 1, 2020, 134 Stat. 726.)
§ 404.
High-visibility enforcement program
(a)
In General.—
The Secretary shall establish and administer a program under which not less than 3 campaigns will be carried out in each of fiscal years 2016 through 2020.
(b)
Purpose.—
The purpose of each campaign carried out under this section shall be to achieve outcomes related to not less than 1 of the following objectives:
(1) Reduce alcohol-impaired or drug-impaired operation of motor vehicles.
(2) Increase use of seatbelts by occupants of motor vehicles.
(c)
Advertising.—
The Secretary 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 campaigns under this section. In allocating such funds, consideration shall be given to advertising directed at non-English speaking populations, including those who listen to, read, or watch nontraditional media.
(d)
Coordination With States.—
The Secretary shall coordinate with States in carrying out the campaigns under this section, including advertising funded under subsection (c), with consideration given to—
(1) relying on States to provide law enforcement resources for the campaigns out of funding made available under sections 402 and 405; and
(2) providing, out of National Highway Traffic Safety Administration resources, most of the means necessary for national advertising and education efforts associated with the campaigns.
(e)
Use of Funds.—
Funds made available to carry out this section may be used only for activities described in subsection (c).
(f)
Definitions.—
In this section, the following definitions apply:
(1)
Campaign.—
The term “campaign” means a high-visibility traffic safety law enforcement campaign.
(2)
State.—
The term “State” has the meaning given that term in section 401.
(Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966, 80 Stat. 733; amended Pub. L. 90–150, Nov. 24, 1967, 81 Stat. 507; Pub. L. 93–87, title II, § 223, Aug. 13, 1973, 87 Stat. 292; Pub. L. 94–280, title II, § 209, May 5, 1976, 90 Stat. 455; Pub. L. 109–59, title II, § 2019, Aug. 10, 2005, 119 Stat. 1543; Pub. L. 114–94, div. A, title IV, § 4004(a), Dec. 4, 2015, 129 Stat. 1500.)
§ 405.
National priority safety programs
(a)
General Authority.—
Subject to the requirements of this section, the Secretary shall manage programs to address national priorities for reducing highway deaths and injuries. Funds shall be allocated according to the following:
(1)
Occupant protection.—
In each fiscal year, 13 percent of the funds provided under this section shall be allocated among States that adopt and implement effective occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles (as described in subsection (b)).
(2)
State traffic safety information system improvements.—
In each fiscal year, 14.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to State traffic safety information system improvements (as described in subsection (c)).
(3)
Impaired driving countermeasures.—
In each fiscal year, 52.5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to impaired driving countermeasures (as described in subsection (d)).
(4)
Distracted driving.—
In each fiscal year, 8.5 percent of the funds provided under this section shall be allocated among States that adopt and implement effective laws to reduce distracted driving (as described in subsection (e)).
(5)
Motorcyclist safety.—
In each fiscal year, 1.5 percent of the funds provided under this section shall be allocated among States that implement motorcyclist safety programs (as described in subsection (f)).
(6)
State graduated driver licensing laws.—
In each fiscal year, 5 percent of the funds provided under this section shall be allocated among States that adopt and implement graduated driver licensing laws (as described in subsection (g)).
(7)
Nonmotorized safety.—
In each fiscal year, 5 percent of the funds provided under this section shall be allocated among States that meet requirements with respect to nonmotorized safety (as described in subsection (h)).
(8)
Transfers.—
Notwithstanding paragraphs (1) through (7), the Secretary shall reallocate, before the last day of any fiscal year, any amounts remaining available to carry out any of the activities described in subsections (b) through (h) to increase the amount made available under section 402, in order to ensure, to the maximum extent possible, that all such amounts are obligated during such fiscal year.
(9)
Maintenance of effort.—
(A)
Certification.—
As part of the grant application required in section 402(k)(3)(F), a State receiving a grant in any fiscal year under subsection (b), (c), or (d) of this section shall provide certification that the lead State agency responsible for programs described in any of those subsections is maintaining aggregate expenditures at or above the average level of such expenditures in the 2 fiscal years prior to the date of enactment of the FAST Act.
(B)
Waiver.—
Upon the request of a State, the Secretary may waive or modify the requirements under subparagraph (A) for not more than 1 fiscal year if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances.
(10)
Political subdivisions.—
A State may provide the funds awarded under this section to a political subdivision of the State or an Indian tribal government.
(b)
Occupant Protection Grants.—
(1)
General authority.—
Subject to the requirements under this subsection, the Secretary of Transportation shall award grants to States that adopt and implement effective occupant protection programs to reduce highway deaths and injuries resulting from individuals riding unrestrained or improperly restrained in motor vehicles.
(2)
Federal share.—
The Federal share of the costs of activities funded using amounts from grants awarded under this subsection may not exceed 80 percent for each fiscal year for which a State receives a grant.
(3)
Eligibility.—
(A)
High seat belt use rate.—
A State with an observed seat belt use rate of 90 percent or higher, based on the most recent data from a survey that conforms with national criteria established by the National Highway Traffic Safety Administration, shall be eligible for a grant in a fiscal year if the State—
(i) submits an occupant protection plan during the first fiscal year;
(ii) participates in the Click It or Ticket national mobilization;
(iii) has an active network of child restraint inspection stations; and
(iv) has a plan to recruit, train, and maintain a sufficient number of child passenger safety technicians.
(B)
Lower seat belt use rate.—
A State with an observed seat belt use rate below 90 percent, based on the most recent data from a survey that conforms with national criteria established by the National Highway Traffic Safety Administration, shall be eligible for a grant in a fiscal year if—
(i) the State meets all of the requirements under clauses (i) through (iv) of subparagraph (A); and
(ii)
the Secretary determines that the State meets at least 3 of the following criteria:
(I) The State conducts sustained (on-going and periodic) seat belt enforcement at a defined level of participation during the year.(II) The State has enacted and enforces a primary enforcement seat belt use law.(III) The State has implemented countermeasure programs for high-risk populations, such as drivers on rural roadways, unrestrained nighttime drivers, or teenage drivers.(IV) The State has enacted and enforces occupant protection laws requiring front and rear occupant protection use by all occupants in an age-appropriate restraint.(V)
The State has implemented a comprehensive occupant protection program in which the State has—
(aa) conducted a program assessment;(bb) developed a statewide strategic plan;(cc) designated an occupant protection coordinator; and(dd) established a statewide occupant protection task force.(VI)
The State—
(aa) completed an assessment of its occupant protection program during the 3-year period preceding the grant year; or(bb) will conduct such an assessment during the first year of the grant.
(4)
Use of grant amounts.—
(A)
In general.—
Grant funds received pursuant to this subsection may be used to—
(i) carry out a program to support high-visibility enforcement mobilizations, including paid media that emphasizes publicity for the program, and law enforcement;
(ii) carry out a program to train occupant protection safety professionals, police officers, fire and emergency medical personnel, educators, and parents concerning all aspects of the use of child restraints and occupant protection;
(iii) carry out a program to educate the public concerning the proper use and installation of child restraints, including related equipment and information systems;
(iv) carry out a program to provide community child passenger safety services, including programs about proper seating positions for children and how to reduce the improper use of child restraints;
(v) purchase and distribute child restraints to low-income families, provided that not more than 5 percent of the funds received in a fiscal year are used for such purpose; and
(vi) establish and maintain information systems containing data concerning occupant protection, including the collection and administration of child passenger safety and occupant protection surveys.
(B)
High seat belt use rate.—
A State that is eligible for funds under paragraph (3)(A) may use up to 100 percent of such funds for any project or activity eligible for funding under section 402.
(5)
Grant amount.—
The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.
(6)
Definitions.—
In this subsection:
(A)
Child restraint.—
The term “child restraint” means any device (including child safety seat, booster seat, harness, and excepting seat belts) that is—
(i) designed for use in a motor vehicle to restrain, seat, or position children who weigh 65 pounds (30 kilograms) or less; and
(ii) certified to the Federal motor vehicle safety standard prescribed by the National Highway Traffic Safety Administration for child restraints.
(B)
Seat belt.—
The term “seat belt” means—
(i) with respect to open-body motor vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and
(ii) with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and shoulder belts.
(c)
State Traffic Safety Information System Improvements.—
(1)
General authority.—
Subject to the requirements under this subsection, the Secretary of Transportation shall award grants to States to support the development and implementation of effective State programs that—
(A) improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the State safety data that is needed to identify priorities for Federal, State, and local highway and traffic safety programs;
(B) evaluate the effectiveness of efforts to make such improvements;
(C) link the State data systems, including traffic records, with other data systems within the State, such as systems that contain medical, roadway, and economic data;
(D) improve the compatibility and interoperability of the data systems of the State with national data systems and data systems of other States; and
(E) enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances.
(2)
Federal share.—
The Federal share of the cost of adopting and implementing in a fiscal year a State program described in this subsection may not exceed 80 percent.
(3)
Eligibility.—
A State is not eligible for a grant under this subsection in a fiscal year unless the State demonstrates, to the satisfaction of the Secretary, that the State—
(A) has a functioning traffic records coordinating committee (referred to in this paragraph as “TRCC”) that meets at least 3 times each year;
(B) has designated a TRCC coordinator;
(C) has established a State traffic record strategic plan that has been approved by the TRCC and describes specific quantifiable and measurable improvements anticipated in the State’s core safety databases, including crash, citation or adjudication, driver, emergency medical services or injury surveillance system, roadway, and vehicle databases;
(D)
has demonstrated quantitative progress in relation to the significant data program attribute of—
(i) accuracy;
(ii) completeness;
(iii) timeliness;
(iv) uniformity;
(v) accessibility; or
(vi) integration of a core highway safety database; and
(E) has certified to the Secretary that an assessment of the State’s highway safety data and traffic records system was conducted or updated during the preceding 5 years.
(4)
Use of grant amounts.—
(5)
Grant amount.—
The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.
(d)
Impaired Driving Countermeasures.—
(1)
In general.—
Subject to the requirements under this subsection, the Secretary of Transportation shall award grants to States that adopt and implement—
(A) effective programs to reduce driving under the influence of alcohol, drugs, or the combination of alcohol and drugs; or
(B) alcohol-ignition interlock laws.
(2)
Federal share.—
The Federal share of the costs of activities funded using amounts from grants under this subsection may not exceed 80 percent in any fiscal year in which the State receives a grant.
(3)
Eligibility.—
(A)
Low-range states.—
Low-range States shall be eligible for a grant under this subsection.
(B)
Mid-range states.—
A mid-range State shall be eligible for a grant under this subsection if—
(i) a statewide impaired driving task force in the State developed a statewide plan during the most recent 3 calendar years to address the problem of impaired driving; or
(ii) the State will convene a statewide impaired driving task force to develop such a plan during the first year of the grant.
(C)
High-range states.—
A high-range State shall be eligible for a grant under this subsection if the State—
(i)(I) conducted an assessment of the State’s impaired driving program during the most recent 3 calendar years; or(II) will conduct such an assessment during the first year of the grant;
(ii)
convenes, during the first year of the grant, a statewide impaired driving task force to develop a statewide plan that—
(I) addresses any recommendations from the assessment conducted under clause (i);(II) includes a detailed plan for spending any grant funds provided under this subsection; and(III) describes how such spending supports the statewide program; and
(iii)(I) submits the statewide plan to the National Highway Traffic Safety Administration during the first year of the grant for the agency’s review and approval;(II) annually updates the statewide plan in each subsequent year of the grant; and(III) submits each updated statewide plan for the agency’s review and comment.
(4)
Use of grant amounts.—
(A)
Required programs.—
High-range States shall use grant funds for—
(i) high-visibility enforcement efforts; and
(ii)
any of the activities described in subparagraph (B) if—
(I) the activity is described in the statewide plan; and(II) the Secretary approves the use of funding for such activity.
(B)
Authorized programs.—
Medium-range and low-range States may use grant funds for—
(i) any of the purposes described in subparagraph (A);
(ii) hiring a full-time or part-time impaired driving coordinator of the State’s activities to address the enforcement and adjudication of laws regarding driving while impaired by alcohol, drugs, or the combination of alcohol and drugs;
(iii) court support of high-visibility enforcement efforts, training and education of criminal justice professionals (including law enforcement, prosecutors, judges, and probation officers) to assist such professionals in handling impaired driving cases, hiring traffic safety resource prosecutors, hiring judicial outreach liaisons, and establishing driving while intoxicated courts;
(iv) alcohol ignition interlock programs;
(v) improving blood-alcohol concentration testing and reporting;
(vi) paid and earned media in support of high-visibility enforcement efforts, conducting standardized field sobriety training, advanced roadside impaired driving evaluation training, and drug recognition expert training for law enforcement, and equipment and related expenditures used in connection with impaired driving enforcement in accordance with criteria established by the National Highway Traffic Safety Administration;
(vii) training on the use of alcohol and drug screening and brief intervention;
(viii) training for and implementation of impaired driving assessment programs or other tools designed to increase the probability of identifying the recidivism risk of a person convicted of driving under the influence of alcohol, drugs, or a combination of alcohol and drugs and to determine the most effective mental health or substance abuse treatment or sanction that will reduce such risk;
(ix) developing impaired driving information systems; and
(x) costs associated with a 24-7 sobriety program.
(C)
Other programs.—
Low-range States may use grant funds for any expenditure designed to reduce impaired driving based on problem identification and may use not more than 50 percent of funds made available under this subsection for any project or activity eligible for funding under section 402. Medium-range and high-range States may use funds for any expenditure designed to reduce impaired driving based on problem identification upon approval by the Secretary.
(5)
Grant amount.—
Subject to paragraph (6), the allocation of grant funds to a State under this section for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.
(6)
Additional grants.—
(A)
Grants to states with alcohol-ignition interlock laws.—
The Secretary shall make a separate grant under this subsection to each State that adopts and is enforcing a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated.
(B)
Grants to states with 24-7 sobriety programs.—
The Secretary shall make a separate grant under this subsection to each State that—
(i) adopts and is enforcing a law that requires all individuals convicted of driving under the influence of alcohol or of driving while intoxicated to receive a restriction on driving privileges; and
(ii) provides a 24-7 sobriety program.
(C)
Use of funds.—
Grants authorized under subparagraph (A) and subparagraph (B) may be used by recipient States for any eligible activities under this subsection or section 402.
(D)
Allocation.—
Amounts made available under this paragraph shall be allocated among States described in subparagraph (A) and subparagraph (B) in proportion to the State’s apportionment under section 402 for fiscal year 2009.
(E)
Funding.—
(i)
Funding for grants to states with alcohol-ignition interlock laws.—
Not more than 12 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under subparagraph (A).
(ii)
Funding for grants to states with 24-7 sobriety programs.—
Not more than 3 percent of the amounts made available to carry out this subsection in a fiscal year shall be made available by the Secretary for making grants under subparagraph (B).
(F)
Exceptions.—
A State alcohol-ignition interlock law under subparagraph (A) may include exceptions for the following circumstances:
(i) The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual.
(ii) The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.
(iii) A State-certified ignition interlock provider is not available within 100 miles of the individual’s residence.
(7)
Definitions.—
In this subsection:
(A)
24-7 sobriety program.—
The term “24-7 sobriety program” means a State law or program that authorizes a State court or an agency with jurisdiction, as a condition of bond, sentence, probation, parole, or work permit, to—
(i) require an individual who was arrested for, plead guilty to, or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and
(ii)
require the individual to be subject to testing for alcohol or drugs—
(I) at least twice per day at a testing location;(II) by continuous transdermal alcohol monitoring via an electronic monitoring device; or(III) by an alternate method with the concurrence of the Secretary.
(B)
Average impaired driving fatality rate.—
The term “average impaired driving fatality rate” means the number of fatalities in motor vehicle crashes involving a driver with a blood alcohol concentration of at least 0.08 percent for every 100,000,000 vehicle miles traveled, based on the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System, as calculated in accordance with regulations prescribed by the Administrator of the National Highway Traffic Safety Administration.
(C)
High-range state.—
The term “high-range State” means a State that has an average impaired driving fatality rate of 0.60 or higher.
(D)
Low-range state.—
The term “low-range State” means a State that has an average impaired driving fatality rate of 0.30 or lower.
(E)
Mid-range state.—
The term “mid-range State” means a State that has an average impaired driving fatality rate that is higher than 0.30 and lower than 0.60.
(e)
Distracted Driving Grants.—
(1)
In general.—
The Secretary shall award a grant under this subsection to any State that includes distracted driving awareness as part of the State’s driver’s license examination, and enacts and enforces a law that meets the requirements set forth in paragraphs (2) and (3).
(2)
Prohibition on texting while driving.—
A State law meets the requirements set forth in this paragraph if the law—
(A) prohibits a driver from texting through a personal wireless communications device while driving;
(B) makes violation of the law a primary offense;
(C) establishes a minimum fine for a violation of the law; and
(D) does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.
(3)
Prohibition on youth cell phone use while driving or stopped in traffic.—
A State law meets the requirements set forth in this paragraph if the law—
(A)
prohibits a driver from using a personal wireless communications device while driving if the driver is—
(i) younger than 18 years of age; or
(ii) in the learner’s permit or intermediate license stage set forth in subsection (g)(2)(B);
(B) makes violation of the law a primary offense;
(C) establishes a minimum fine for a violation of the law; and
(D) does not provide for an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.
(4)
Permitted exceptions.—
A law that meets the requirements set forth in paragraph (2) or (3) may provide exceptions for—
(A) a driver who uses a personal wireless communications device to contact emergency services;
(B)
emergency services personnel who use a personal wireless communications device while—
(i) operating an emergency services vehicle; and
(ii) engaged in the performance of their duties as emergency services personnel;
(C) an individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual’s employment if such use is permitted under the regulations promulgated pursuant to section 31136 of title 49; and
(D) any additional exceptions determined by the Secretary through a rulemaking process.
(5)
Use of grant funds.—
(A)
In general.—
Except as provided in subparagraph (B), amounts received by a State under this subsection shall be used—
(i) to educate the public through advertising containing information about the dangers of texting or using a cell phone while driving;
(ii) for traffic signs that notify drivers about the distracted driving law of the State; or
(iii) for law enforcement costs related to the enforcement of the distracted driving law.
(B)
Flexibility.—
(i) Not more than 50 percent of amounts received by a State under this subsection may be used for any eligible project or activity under section 402.
(ii) Not more than 75 percent of amounts received by a State under this subsection may be used for any eligible project or activity under section 402 if the State has conformed its distracted driving data to the most recent Model Minimum Uniform Crash Criteria published by the Secretary.
(6)
Additional distracted driving grants.—
(A)
In general.—
Notwithstanding paragraph (1), for each of fiscal years 2017 and 2018, the Secretary shall use up to 25 percent of the amounts available for grants under this subsection to award grants to any State that—
(i)
in fiscal year 2017—
(I)
certifies that it has enacted a basic text messaging statute that—
(aa) is applicable to drivers of all ages; and(bb) makes violation of the basic text messaging statute a primary offense or secondary enforcement action as allowed by State statute; and(II) is otherwise ineligible for a grant under this subsection; and
(ii)
in fiscal year 2018—
(I)
certifies that it has enacted a basic text messaging statute that—
(aa) is applicable to drivers of all ages; and(bb) makes violation of the basic text messaging statute a primary offense;(II) imposes fines for violations;(III) has a statute that prohibits drivers who are younger than 18 years of age from using a personal wireless communications device while driving; and(IV) is otherwise ineligible for a grant under this subsection.
(B)
Use of grant funds.—
(i)
In general.—
Notwithstanding paragraph (5) and subject to clauses (ii) and (iii) of this subparagraph, amounts received by a State under subparagraph (A) may be used for activities related to the enforcement of distracted driving laws, including for public information and awareness purposes.
(ii)
Fiscal year 2017.—
In fiscal year 2017, up to 15 percent of the amounts received by a State under subparagraph (A) may be used for any eligible project or activity under section 402.
(iii)
Fiscal year 2018.—
In fiscal year 2018, up to 25 percent of the amounts received by a State under subparagraph (A) may be used for any eligible project or activity under section 402.
(7)
Allocation to support state distracted driving laws.—
Of the amounts available under this subsection in a fiscal year for distracted driving grants, the Secretary may expend not more than $5,000,000 for the development and placement of broadcast media to reduce distracted driving of motor vehicles.
(8)
Grant amount.—
The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.
(9)
Definitions.—
In this subsection, the following definitions apply:
(A)
Driving.—
The term “driving”—
(i) means operating a motor vehicle on a public road; and
(ii) does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary.
(B)
Personal wireless communications device.—
The term “personal wireless communications device”—
(i) means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted; and
(ii) does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes.
(C)
Primary offense.—
The term “primary offense” means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense.
(D)
Public road.—
The term “public road” has the meaning given such term in section 402(c).
(E)
Texting.—
The term “texting” means reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication.
(f)
Motorcyclist Safety.—
(1)
Grants authorized.—
Subject to the requirements under this subsection, the Secretary shall award grants to States that adopt and implement effective programs to reduce the number of single- and multi-vehicle crashes involving motorcyclists.
(2)
Grant amount.—
The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009, except that the amount of a grant awarded to a State for a fiscal year may not exceed 25 percent of the amount apportioned to the State under such section for fiscal year 2009.
(3)
Grant eligibility.—
A State becomes eligible for a grant under this subsection by adopting or demonstrating to the satisfaction of the Secretary, at least 2 of the following criteria:
(A)
Motorcycle rider training courses.—
An effective motorcycle rider training course that is offered throughout the State, which—
(i) provides a formal program of instruction in accident avoidance and other safety-oriented operational skills to motorcyclists; and
(ii) may include innovative training opportunities to meet unique regional needs.
(B)
Motorcyclists awareness program.—
An effective statewide program to enhance motorist awareness of the presence of motorcyclists on or near roadways and safe driving practices that avoid injuries to motorcyclists.
(C)
Reduction of fatalities and crashes involving motorcycles.—
A reduction for the preceding calendar year in the number of motorcycle fatalities and the rate of motor vehicle crashes involving motorcycles in the State (expressed as a function of 10,000 motorcycle registrations).
(D)
Impaired driving program.—
Implementation of a statewide program to reduce impaired driving, including specific measures to reduce impaired motorcycle operation.
(E)
Reduction of fatalities and accidents involving impaired motorcyclists.—
A reduction for the preceding calendar year in the number of fatalities and the rate of reported crashes involving alcohol- or drug-impaired motorcycle operators (expressed as a function of 10,000 motorcycle registrations).
(F)
Fees collected from motorcyclists.—
All fees collected by the State from motorcyclists for the purposes of funding motorcycle training and safety programs will be used for motorcycle training and safety purposes.
(4)
Eligible uses.—
(A)
In general.—
A State may use funds from a grant under this subsection only for motorcyclist safety training and motorcyclist awareness programs, including—
(i) improvements to motorcyclist safety training curricula;
(ii)
improvements in program delivery of motorcycle training to both urban and rural areas, including—
(I) procurement or repair of practice motorcycles;(II) instructional materials;(III) mobile training units; and(IV) leasing or purchasing facilities for closed-course motorcycle skill training;
(iii) measures designed to increase the recruitment or retention of motorcyclist safety training instructors; and
(iv) public awareness, public service announcements, and other outreach programs to enhance driver awareness of motorcyclists, including “share-the-road” safety messages.
(B)
Suballocations of funds.—
An agency of a State that receives a grant under this subsection may suballocate funds from the grant to a nonprofit organization incorporated in that State to carry out this subsection.
(C)
Flexibility.—
Not more than 50 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402 if the State is in the lowest 25 percent of all States for motorcycle deaths per 10,000 motorcycle registrations based on the most recent data that conforms with criteria established by the Secretary.
(5)
Definitions.—
In this subsection:
(A)
Motorcyclist awareness.—
The term “motorcyclist awareness” means individual or collective awareness of—
(i) the presence of motorcycles on or near roadways; and
(ii) safe driving practices that avoid injury to motorcyclists.
(B)
Motorcyclist awareness program.—
The term “motorcyclist awareness program” means an informational or public awareness program designed to enhance motorcyclist awareness that is developed by or in coordination with the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the governor of the State.
(C)
Motorcyclist safety training.—
The term “motorcyclist safety training” means a formal program of instruction that is approved for use in a State by the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the governor of the State.
(D)
State.—
The term “State” has the meaning given such term in section 101(a) of title 23, United States Code.
(6)
Share-the-road model language.—
Not later than 1 year after the date of enactment of this paragraph, the Secretary shall update and provide to the States model language, for use in traffic safety education courses, driver’s manuals, and other driver training materials, that provides instruction for drivers of motor vehicles on the importance of sharing the road safely with motorcyclists.
(g)
State Graduated Driver Licensing Incentive Grant.—
(1)
Grants authorized.—
Subject to the requirements under this subsection, the Secretary shall award grants to States that adopt and implement graduated driver licensing laws in accordance with the requirements set forth in paragraph (2).
(2)
Minimum requirements.—
(A)
In general.—
A State meets the requirements set forth in this paragraph if the State has a graduated driver licensing law that requires novice drivers younger than 18 years of age to comply with the 2-stage licensing process described in subparagraph (B) before receiving an unrestricted driver’s license.
(B)
Licensing process.—
A State is in compliance with the 2-stage licensing process described in this subparagraph if the State’s driver’s license laws include—
(i)
a learner’s permit stage that—
(I) is at least 6 months in duration;(II) contains a prohibition on the driver using a personal wireless communications device (as defined in subsection (e)) while driving except under an exception permitted under paragraph (4) of that subsection, and makes a violation of the prohibition a primary offense;(III) requires applicants to successfully pass a vision and knowledge assessment prior to receiving a learner’s permit;(IV) requires that the driver be accompanied and supervised at all times while the driver is operating a motor vehicle by a licensed driver who is at least 21 years of age or is a State-certified driving instructor;(V)
has a requirement that the driver—
(aa) complete a State-certified driver education or training course; or(bb) obtain at least 50 hours of behind-the-wheel training, with at least 10 hours at night, with a licensed driver; and(VI)
remains in effect until the driver—
(aa) reaches 16 years of age and enters the intermediate stage; or(bb) reaches 18 years of age;
(ii)
an intermediate stage that—
(I) commences immediately after the expiration of the learner’s permit stage and successful completion of a driving skills assessment;(II) is at least 6 months in duration;(III) prohibits the driver from using a personal wireless communications device (as defined in subsection (e)) while driving except under an exception permitted under paragraph (4) of that subsection, and makes a violation of the prohibition a primary offense;(IV) for the first 6 months of the intermediate stage, restricts driving at night between the hours of 10:00 p.m. and 5:00 a.m. when not supervised by a licensed driver 21 years of age or older, excluding transportation to work, school, religious activities, or emergencies;(V) prohibits the driver from operating a motor vehicle with more than 1 nonfamilial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age is in the motor vehicle; and(VI) remains in effect until the driver reaches 17 years of age; and
(iii)
learner’s permit and intermediate stages that each require, in addition to any other penalties imposed by State law, that the granting of an unrestricted driver’s license be automatically delayed for any individual who, during the learner’s permit or intermediate stage, is convicted of a driving-related offense during the first 6 months, including—
(I) driving while intoxicated;(II) misrepresentation of the individual’s age;(III) reckless driving;(IV) driving without wearing a seat belt;(V) speeding; or(VI) any other driving-related offense, as determined by the Secretary.
(3)
Rulemaking.—
(A)
In general.—
The Secretary shall promulgate regulations necessary to implement the requirements set forth in paragraph (2), in accordance with the notice and comment provisions under section 553 of title 5.
(B)
Exception.—
A State that otherwise meets the minimum requirements set forth in paragraph (2) shall be deemed by the Secretary to be in compliance with the requirement set forth in paragraph (2) if the State enacted a law before January 1, 2011, establishing a class of license that permits licensees or applicants younger than 18 years of age to drive a motor vehicle—
(i) in connection with work performed on, or for the operation of, a farm owned by family members who are directly related to the applicant or licensee; or
(ii) if demonstrable hardship would result from the denial of a license to the licensees or applicants.
(4)
Allocation.—
Grant funds allocated to a State under this subsection for a fiscal year shall be in proportion to a State’s apportionment under section 402 for such fiscal year.
(5)
Use of funds.—
Of the grant funds received by a State under this subsection—
(A)
at least 25 percent shall be used for—
(i) enforcing a 2-stage licensing process that complies with paragraph (2);
(ii) training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in clause (i);
(iii) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law;
(iv) carrying out other administrative activities that the Secretary considers relevant to the State’s 2-stage licensing process; and
(v) carrying out a teen traffic safety program described in section 402(m); and
(B) up to 75 percent may be used for any eligible project or activity under section 402.
(6)
Special rule.—
Notwithstanding paragraph (5), up to 100 percent of grant funds received by a State under this subsection may be used for any eligible project or activity under section 402, if the State is in the lowest 25 percent of all States for the number of drivers under age 18 involved in fatal crashes in the State per the total number of drivers under age 18 in the State based on the most recent data that conforms with criteria established by the Secretary.
(h)
Nonmotorized Safety.—
(1)
General authority.—
Subject to the requirements under this subsection, the Secretary shall award grants to States for the purpose of decreasing pedestrian and bicycle fatalities and injuries that result from crashes involving a motor vehicle.
(2)
Federal share.—
The Federal share of the cost of a project carried out by a State using amounts from a grant awarded under this subsection may not exceed 80 percent.
(3)
Eligibility.—
A State shall receive a grant under this subsection in a fiscal year if the annual combined pedestrian and bicycle fatalities in the State exceed 15 percent of the total annual crash fatalities in the State, based on the most recently reported final data from the Fatality Analysis Reporting System.
(4)
Use of grant amounts.—
Grant funds received by a State under this subsection may be used for—
(A) training of law enforcement officials on State laws applicable to pedestrian and bicycle safety;
(B) enforcement mobilizations and campaigns designed to enforce State traffic laws applicable to pedestrian and bicycle safety; and
(C) public education and awareness programs designed to inform motorists, pedestrians, and bicyclists of State traffic laws applicable to pedestrian and bicycle safety.
(5)
Grant amount.—
The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the State’s apportionment under section 402 for fiscal year 2009.
(Added Pub. L. 105–178, title II, § 2003(a)(1), June 9, 1998, 112 Stat. 325; amended Pub. L. 109–59, title II, §§ 2002(e), 2004, Aug. 10, 2005, 119 Stat. 1522, 1524; Pub. L. 111–147, title IV, § 421(c)(1), Mar. 18, 2010, 124 Stat. 84; Pub. L. 112–30, title I, § 121(c)(1), Sept. 16, 2011, 125 Stat. 347; Pub. L. 112–141, div. C, title I, § 31105(a), July 6, 2012, 126 Stat. 741; Pub. L. 114–94, div. A, title IV, §§ 4005, 4014(3), Dec. 4, 2015, 129 Stat. 1501, 1513.)
[§§ 406 to 408.
Repealed. Pub. L. 112–141, div. C, title I, § 31109(b)–(d), July 6, 2012, 126 Stat. 756]
§ 409.
Discovery and admission as evidence of certain reports and surveys

Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds 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 mentioned or addressed in such reports, surveys, schedules, lists, or data.

(Added Pub. L. 100–17, title I, § 132(a), Apr. 2, 1987, 101 Stat. 170; amended Pub. L. 102–240, title I, § 1035(a), Dec. 18, 1991, 105 Stat. 1978; Pub. L. 104–59, title III, § 323, Nov. 28, 1995, 109 Stat. 591; Pub. L. 109–59, title I, § 1401(a)(3)(C), Aug. 10, 2005, 119 Stat. 1225.)
[§§ 410, 411.
Repealed. Pub. L. 112–141, div. C, title I, § 31109(e), (f), July 6, 2012, 126 Stat. 757]
§ 412.
Agency accountability
(a)
Triennial State Management Reviews.—
(1)
In general.—
Except as provided under paragraph (2), the Secretary shall conduct a review of each State highway safety program at least once every 3 years.
(2)
Exceptions.—
The Secretary may conduct reviews of the highway safety programs of the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands as often as the Secretary determines to be appropriate.
(3)
Components.—
Reviews under this subsection shall include—
(A) a management evaluation of all grant programs funded under this chapter;
(B) an assessment of State data collection and evaluation relating to performance measures established by the Secretary;
(C) a comparison of State efforts under subparagraphs (A) and (B) to best practices and programs that have been evaluated for effectiveness; and
(D)
the development of recommendations on how each State could—
(i) improve the management and oversight of its grant activities; and
(ii) provide a management and oversight plan for such grant programs.
(b)
Recommendations Before Submission.—
In order to provide guidance to State highway safety agencies on matters that should be addressed in the goals and initiatives of the State highway safety program before the program is submitted for review, the Secretary shall provide data-based recommendations to each State at least 90 days before the date on which the program is to be submitted for approval.
(c)
State Program Review.—
The Secretary shall—
(1) conduct a program improvement review of a highway safety program under this chapter of a State that does not make substantial progress over a 3-year period in meeting its priority program goals; and
(2) provide technical assistance and safety program requirements to be incorporated in the State highway safety program for any goal not achieved.
(d)
Regional Harmonization.—
The Secretary and the Inspector General of the Department of Transportation shall undertake an administrative review of the practices and procedures of the management reviews and program reviews of State highway safety programs under this chapter conducted by the regional offices of the National Highway Traffic Safety Administration and prepare a written report of best practices and procedures for use by the regional offices in conducting such reviews. The report shall be completed within 180 days after the date of enactment of this section.
(e)
Best Practices Guidelines.—
(1)
Uniform guidelines.—
The Secretary shall issue uniform management review guidelines and program review guidelines based on the report under subsection (d). Each regional office shall use the guidelines in executing its State administrative review duties under this section.
(2)
Publication.—
The Secretary shall make publicly available on the Web site (or successor electronic facility) of the Administration the following documents upon their completion:
(A) The Secretary’s management review guidelines and program review guidelines.
(B) All State highway safety programs submitted under this chapter.
(C) State annual accomplishment reports.
(D) The Administration’s Summary Report of findings from Management Reviews and Improvement Plans.
(3)
Reports to state highway safety agencies.—
The Secretary may not make publicly available a program, report, or review under paragraph (2) that is directed to a State highway safety agency until after the date on which the program, report, or review is submitted to that agency under this chapter.
(f)
Tracking Process.—
The Secretary shall develop a process to identify and mitigate possible systemic issues across States and regional offices by reviewing oversight findings and recommended actions identified in triennial State management reviews.
(Added Pub. L. 109–59, title II, § 2008(a), Aug. 10, 2005, 119 Stat. 1533; amended Pub. L. 112–141, div. C, title I, § 31107, July 6, 2012, 126 Stat. 755; Pub. L. 114–94, div. A, title IV, § 4006, Dec. 4, 2015, 129 Stat. 1510.)