View all text of Chapter 4 [§ 401 - § 412]

§ 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)
(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)
a comparison of each automated traffic enforcement system with—
(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.—
(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.)