[Federal Register Volume 77, Number 119 (Wednesday, June 20, 2012)]
[Notices]
[Pages 37093-37098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15011]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA--2012-0081]


Amendments to Highway Safety Program Guidelines

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Request for comments, highway safety program guidelines.

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SUMMARY: Section 402 of title 23 of the United States Code requires the 
Secretary of Transportation to promulgate uniform guidelines for State 
highway safety programs. The National Highway Traffic Safety 
Administration (NHTSA) is seeking comments on proposed amendments to 
five (5) guidelines and one (1) new guideline that reflect program 
methodologies and approaches that have proven to be successful and are 
based on sound science and program administration. The guidelines the 
agency proposes to revise are: Guideline No. 1 Periodic Motor Vehicle 
Inspection, Guideline No. 2 Motor Vehicle Registration, Guideline No. 6 
Codes and Laws, Guideline No. 16 Management of Highway Incidents 
(formerly Debris Hazard Control and Cleanup), and Guideline No. 18 
Motor Vehicle Crash Investigation and Incident Reporting (formerly 
Accident Investigation and Reporting). The new guideline is No. 13 
Older Driver Safety. NHTSA believes the proposed amendments and new 
guideline will provide more accurate, current and effective guidance to 
the States. The guidelines will be made publicly available on the NHTSA 
Web site.

DATES: Comments must be received on or before July 20, 2012.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, M-30, U.S. Department of 
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery or Courier: West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern 
Time, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the SUPPLEMENTARY INFORMATION section of this 
document. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act

[[Page 37094]]

Statement in the Federal Register at 65 FR 19477 FR 19477, April 11, 
2000, or you may visit http://www.regulations.gov.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or the street 
address listed above. Follow the online instructions for accessing the 
dockets.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Kirinich (202) 366-1836, 
Office of Governmental Affairs, Policy and Strategic Planning, NHTSA, 
U.S. Department of Transportation, 1200 New Jersey Avenue SE., 
Washington, DC 20590. Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 402 of title 23 of the United States Code requires the 
Secretary of Transportation to promulgate uniform guidelines for State 
highway safety programs. As the highway safety environment changes, it 
is necessary for NHTSA to update the guidelines to provide current 
information on effective program content for States to use in 
developing and assessing their traffic safety programs. These 
guidelines reflect the best available science and the real-world 
experience of NHTSA and the States in developing and managing traffic 
safety program content. NHTSA will update the guidelines periodically 
to address new issues and to emphasize program methodologies and 
approaches that have proven to be effective in these program areas.
    The guidelines offer direction to States in formulating their 
highway safety plans for highway safety efforts that are supported with 
section 402 grant funds, as well as safety activities funded from other 
sources. The guidelines provide a framework for developing a balanced 
highway safety program and serve as benchmarks by which States can 
assess the effectiveness of their own programs. NHTSA encourages States 
to use these guidelines and build upon them to optimize the 
effectiveness of highway safety programs conducted at the State and 
local levels.
    The guidelines emphasize areas of nationwide concern and highlight 
effective countermeasures. As each guideline is updated or created, it 
will include the date of its revision or development.
    NHTSA has developed a new guideline on older drivers, No. 13, to 
address this growing segment of the population. This new guideline will 
help States develop plans to address the particular needs of older 
drivers and address the emerging challenges from the increasing 
population of older drivers in their States. Because of the unique 
issues related to older driver safety, this guideline also includes 
recommendations related to Medical Providers and Social Services 
Providers.
    It is important that States begin to address the safety of older 
road users now because the population of people 65 and older will 
increase dramatically in the coming years. These population changes 
will result in a disproportionate increase in deaths and injuries among 
older people if no actions are taken. This guideline is also designed 
to help policymakers with decisions about how best to address the real 
and growing problem of older driver safety.
    All the highway safety guidelines are on the NHTSA Web site, in the 
Highway Safety Grant Management Manual, and on the Traffic Safety page 
at http://www.nhtsa.dot.gov/nhtsa/whatsup/tea21/tea21programs/.
    The five (5) guidelines NHTSA plans to revise along with one (1) 
new guideline represent the last in a series of three sets of revisions 
to the guidelines. For the first set of revisions, the agency revised 
six (6) guidelines on November 7, 2006 (71 FR 65172): Guideline No. 3 
Motorcycle Safety, Guideline No. 8 Impaired Driving, Guideline No. 14 
Pedestrian and Bicycle Safety, Guideline No. 15 Traffic Enforcement, 
Guideline No. 19 Speed Management, and Guideline No. 20 Occupant 
Protection. The following five (5) guidelines were revised on April 1, 
2009: Guideline No. 4 Driver Education, Guideline No. 5 Non-Commercial 
Driver Licenses, Guideline No. 7, Judicial and Court Services, 
Guideline No. 10 Traffic Records, and Guideline No. 17 Pupil 
Transportation. A new guideline was also added at that time: Guideline 
No. 12, Prosecutor Training.

II. Public Participation

How do I prepare and submit written comments?

    Your comments must be written and in English. To ensure that your 
comments are correctly filed in the Docket, please include the docket 
number of this document in your comments.
    Your primary comments cannot exceed 15 pages. (49 CFR 553.21). We 
established this limit to encourage you to write your primary comments 
in a concise fashion. However, you may attach necessary additional 
documents to your primary comments. There is no limit on the length of 
the attachments. Please submit your comments to the Docket by any of 
the methods outlined under ADDRESSES.

How can I be sure that my comments were received?

    If you submit your comments by mail and wish the Docket Management 
to notify you upon its receipt of your comments, enclose a self-
addressed, stamped postcard in the envelope containing your comments. 
Upon receiving your comments, the Docket Management will return the 
postcard by mail.

How do I submit confidential business information?

    If you wish to submit any information under a claim of 
confidentiality, you should submit three copies of your complete 
submission, including the information you claim to be confidential 
business information, to the Chief Counsel, NHTSA, at the address given 
above under FOR FURTHER INFORMATION CONTACT. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation. (49 CFR part 512).

Will the agency consider late comments?

    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date. If Docket 
Management receives a comment too late for us to consider in developing 
a final guideline (assuming that one is issued), we will consider that 
comment as an informal suggestion for future guideline action.

How can I read the comments submitted by other people?

    You may read the comments received by Docket Management at the 
Docket Management Facility by going to the street address given above 
under ADDRESSES. The Docket Management Facility is open between 9 a.m. 
and 5 p.m. Eastern Time, Monday through Friday, except Federal 
holidays. You may also read the materials placed in the docket for this 
document (e.g., the comments submitted in response to this document by 
other interested persons)

[[Page 37095]]

at any time by going to http://www.regulations.gov. Follow the online 
instructions for accessing the dockets.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.
    In consideration of the foregoing, NHTSA proposes to amend 
Guidelines 1, 2, 6, 16, and 18, and proposes new Guideline 13, to read 
as follows.

Highway Safety Program Guideline No. 1

Periodic Motor Vehicle Inspection

    Each State should have a program for periodic inspection of all 
registered vehicles to reduce the number of vehicles with existing or 
potential conditions that may contribute to crashes or increase the 
severity of crashes that do occur, and should require the owner to 
correct such conditions.
    I. An inspection program would provide, at a minimum, that:
    A. Every vehicle registered in the State is inspected at the time 
of initial registration and on a periodic basis thereafter as 
determined by the State based on evidence of the effectiveness of 
inspection programs.
    B. The inspection is performed by competent personnel specifically 
trained to perform their duties and certified by the State.
    C. The inspection covers systems, subsystems, and components having 
substantial relation to safe vehicle performance.
    D. Each inspection station maintains records in a form specified by 
the State, which includes at least the following information:
     Class of vehicle.
     Date of inspection.
     Make of vehicle.
     Model year.
     Vehicle identification number.
     Defects by category.
     Identification of inspector.
     Mileage or odometer reading.
    E. The State publishes summaries of records of all inspection 
stations at least annually, including tabulations by make and model of 
vehicle.
    II. The program should be periodically evaluated by the State and 
the National Highway Traffic Safety Administration should be provided 
with an evaluation summary.

Highway Safety Program Guideline No. 2

Motor Vehicle Registration

    Each State should have a motor vehicle registration program.
    I. A model registration program would require that every vehicle 
operated on public highways is registered and that the following 
information is readily available for each vehicle:
     Make.
     Model year.
     Vehicle Identification Number.
     Type of body.
     License plate number.
     Name of current owner.
     Current address of owner.
     Registered gross laden weight of every commercial vehicle.
    II. Each program should have a records system that provides at 
least the following services:
     Rapid entry of new data into the records or data system.
     Controls to eliminate unnecessary or unreasonable delay in 
obtaining data.
     Rapid audio or visual response upon receipt at the records 
station of any priority request for status of vehicle possession 
authorization.
     Data available for statistical compilation as needed by 
authorized sources.
     Identification and ownership of vehicle sought for 
enforcement or other operation needs.
    III. This program should be periodically evaluated by the State and 
the National Highway Traffic Safety Administration should be provided 
with an evaluation summary.

Highway Safety Program Guideline No. 6

Codes and Laws

    Each State should strive to achieve uniformity of traffic codes and 
laws throughout the State. The State Highway Safety Office should 
maintain a list of all relevant traffic codes and laws, and serve as a 
resource to State and local jurisdictions on any proposed changes.
    Each State should utilize all available sources, such as Federal or 
State legislative databases or Web sites, to ensure that its traffic 
codes and laws reflect the most current evidence-based and peer-
reviewed research.

Highway Safety Program Guideline No. 13

Older Driver Safety

    Each State, in cooperation with its political subdivisions, tribal 
governments and other stakeholders, should develop and implement a 
comprehensive highway safety program, reflective of State demographics, 
to achieve a significant reduction in traffic crashes, fatalities, and 
injuries on public roads. The highway safety program should include a 
comprehensive older driver safety program that aims to reduce older 
driver crashes, fatalities, and injuries. To maximize benefits, each 
State older driver safety program should address driver licensing and 
medical review of at-risk drivers, medical and law enforcement 
education, roadway design, and collaboration with social services and 
transportation services providers. This guideline recommends the key 
components of a State older driver safety program, and criteria that 
the program components should meet.
    In this guideline, there are recommendations regarding specific 
partner groups. However, it is likely that there are other State, 
local, and non-government organizations that could help in achieving 
goals related to older driver safety because their missions are related 
to the safe mobility of older people. When older people can no longer 
drive safely, their mobility needs are often met by alternative means 
such as ride programs or transit services. Federal highway safety funds 
can be used for highway safety purposes--which might include programs 
to facilitate older persons' decisions about when to stop driving by 
increasing awareness of other transportation options. However, NHTSA 
funds cannot be used to provide services--such as transit services--
whose primary purpose is not to improve highway safety. For details on 
recommended practices, please see Countermeasures that Work (6th 
Edition, 2011) (Countermeasures that Work.pdf).

I. Program Management

    Each State should have centralized data analysis and program 
planning, implementation, and coordination to identify the nature and 
extent of its older driver safety problems, to establish goals and 
objectives for the State's older driver safety program and to implement 
projects to reach the goals and objectives. State older driver programs 
should:
     Designate a lead organization for older driver safety;
     Develop resources;
     Collect and analyze data on older driver crashes, 
injuries, and fatalities;
     Identify and prioritize the State's older driver safety 
problems;
     Encourage and facilitate regular collaboration among 
agencies and organizations responsible for or impacted by older driver 
safety issues (e.g., the State Unit on Aging, State Injury Prevention 
Director, NGO's

[[Page 37096]]

related to aging or aging-related diseases);
     Develop programs and specific projects to address 
identified problems;
     Coordinate older driver safety projects with other highway 
safety projects;
     Increase awareness of older driver transportation options, 
such as ride programs or transit services;
     Integrate older driver safety into the State strategic 
highway safety plans and other related activities, including impaired 
driving, occupant protection, and especially driver licensing programs; 
and
     Routinely evaluate older driver safety programs and 
services and use the results in program planning.

II. Roadway Design for Older Driver Safety

    Traffic engineering and roadway design can challenge or ease a 
driver's mobility in any community. It is possible and desirable to 
accommodate normal aging through the application of design, 
operational, and traffic engineering countermeasures. The needs of 
older road users must be considered in new construction, as well as in 
spot improvements, to keep older drivers safe. The Federal Highway 
Administration (FHWA) has developed guidelines (FHWA Highway Design 
Handbook for Older Drivers and Pedestrians) for accommodating older 
road users, and the guidelines need to be implemented on State and 
local roadways. Each State also has a process by which it seeks user 
input for its Strategic Highway Safety Plans. It is reasonable for 
State DOTs to collaborate and seek partnerships and funding through 
other sources, such as the Highway Safety Plans, which come from the 
Highway Safety Office, or from the State Units on Aging. State DOTs 
should:
     Consider Older Driver safety as an emphasis area in the 
Strategic Highway Safety Plan (SHSP) if data analysis identifies this 
as an area of concern;
     Develop and implement a plan for deploying the guidelines 
and recommendations to accommodate older drivers and pedestrians; and
     Develop and implement a communications and educational 
plan for assisting local entities in the deployment of the guidelines 
and recommendations to accommodate older drivers and pedestrians.

III. Driver Licensing

    Driver licensing is a critical element in the oversight of public 
safety as it relates to older drivers. The driver licensing authority 
(DMV) can legally restrict or suspend an individual's license, and for 
that reason, it is the primary audience for these recommendations. 
There are three areas within driver licensing that are important to 
driving safety: policies; practices; and, communications.
    Recommended driver licensing policies that each State should 
implement to address older driver safety are:
     In-person renewal should be required of individual drivers 
over a specified age that the State determines based on an analysis of 
their individual crash records;
     Medical review policies should align with the Driver 
Fitness Medical Guidelines (Driver Fitness Medical Guidelines) 
published by NHTSA and the American Association of Motor Vehicle 
Administrators (AAMVA); and
     Medical providers of all kinds who provide a referral 
regarding a driver in good faith to the driver licensing authority 
should be provided immunity from civil liability.
    Recommended driver licensing practices that each State should 
implement to address older driver safety are:
     Establish a Medical Advisory Board (MAB), consisting of a 
range of medical professionals, to provide policy guidance to the 
driver licensing agency to implement;
     The medical review function of the DMV should include 
staff with medical expertise in the review of medically-referred 
drivers;
     The DMV should regularly conduct analyses and evaluation 
of the referrals that come through the medical review system to 
determine whether procedures are in place to appropriately detect and 
regulate at-risk drivers;
     Train DMV staff, including counter-staff, in the 
identification of medically at-risk drivers and the referral of those 
drivers for medical review; and
     Provide a simple and fast way for individuals to convert 
their driver licenses to identification cards.
    To be effective in identification of medically at-risk drivers, the 
State should implement a communications program, through the DMV to:
     Make medical referral information and forms easy to find 
on the DMV Web site;
     Provide outreach to and training for medical providers 
(e.g., physicians, nurses, etc.) in making referrals of medically at-
risk drivers and in finding resources on functional abilities and 
driving;
     Provide outreach to and training for law enforcement in 
successfully identifying medically at-risk drivers and in making 
referrals of medically at-risk drivers to the DMV; and
     Provide information on transportation options and 
community resources to drivers who are required to submit to medical 
review of their licenses.

IV. Medical Providers

    State older driver safety programs rely on the identification of 
medically at-risk drivers by their medical providers, with the aim of 
limiting the impact of changes in functional abilities on the safe 
operation of a motor vehicle. Medical providers should know how to 
counsel the at-risk driver, and when confronted by a driver who refuses 
to heed advice to stop driving, to make a referral to the driver 
licensing authority. To facilitate this process, State older driver 
safety programs should:
     Establish and implement a communications plan for reaching 
medical providers;
     Disseminate educational materials for medical providers. 
Providers should include physicians, nurses, occupational therapists, 
and other medical professionals who treat or deal with older people 
and/or their families;
     Facilitate the provision of Continuing Medical Education 
(CME) credits for medical providers in learning about driving safety; 
and
     Facilitate referrals of medically at-risk drivers to the 
driver licensing authority for review.

V. Law Enforcement

    Law Enforcement plays an important role in identifying at-risk 
drivers on the road. States should ensure that State and local older 
driver safety programs include a law enforcement component. Essential 
elements of the law enforcement component include:
     A communications plan for reaching law enforcement 
officers with information on medically at-risk drivers;
     Training and education for law enforcement officers that 
includes emphasis on ``writing the citation'' for older violators, 
identifying the medically at-risk driver, and making referrals of the 
medically at-risk driver to the driver licensing authority; and
     An easy way for law enforcement officers who are in the 
field to make referrals of medically at-risk drivers to the driver 
licensing authority.

VI. Social and Aging Services Providers

    At the State-level, there are agencies that are responsible for 
coordinating aging services. These agencies should be collaborating 
with the State DOT-Transit offices in the planning for and provision of 
transportation services for

[[Page 37097]]

older residents. State Highway Safety Offices should:
     Collaborate with State Units on Aging and other social 
services providers on providing support related to older drivers who 
are transitioning from driving;
     Collaborate with State DOT-Transit offices to provide 
information at the local level on how individuals can access 
transportation services for older people; and
     Develop joint communications strategies and messages 
related to driver transitioning.

VII. Communication Program

    States should develop and implement communication strategies 
directed at specific high-risk populations as identified by crash and 
population-based data. Communications should highlight and support 
specific policies and programs underway in the States and communities. 
The programs and materials should be culturally-relevant, multi-lingual 
as necessary, and appropriate to the target audience. To achieve this, 
States should:
     Establish a working group of State and local agencies and 
organizations that have an interest in older driver safety and mobility 
with the goal of developing common message themes; and
     Focus the communication efforts on the support of the 
overall policy and program.

VIII. Program Evaluation And Data

    Both problem identification and continual evaluation require 
effective record-keeping by State and local governments. The State 
should identify the frequency and types of older driver crashes. After 
problem identification is complete, the State can identify appropriate 
countermeasures. The State can promote effective evaluation by:
     Supporting detailed analyses of police accident reports 
involving older drivers;
     Encouraging, supporting, and training localities in 
process, impact, and outcome evaluation of local programs;
     Conducting and publicizing statewide surveys of public 
knowledge and attitudes about older driver safety;
     Evaluating the use of program resources and the 
effectiveness of existing countermeasures for the general public and 
high-risk populations;
     Ensuring that evaluation results are used to identify 
problems, plan new programs, and improve existing programs; and
     Maintaining awareness of trends in older driver crashes at 
the national level and how this might influence activities statewide.

Highway Safety Program Guideline No. 16

Management of Highway Incidents (Formerly Debris Hazard and Control and 
Cleanup)

    Each State in cooperation with its political subdivisions should 
have a program which provides for rapid, orderly, and safe removal from 
the roadway of wreckage, spillage, and debris resulting from motor 
vehicle accidents, and for otherwise reducing the likelihood of 
secondary and chain-reaction collisions, and conditions hazardous to 
the public health and safety.
    I. The program should provide at a minimum that:
    A. Traffic Incident Management programs are effective and 
understood by emergency first responders.
    B. Operational procedures are established and implemented to:
    1. Define responsibilities of all first responders;
    2. Certify and classify all rescue and salvage responders and 
equipment;
    3. Enable rescue and salvage equipment personnel to get to the 
scene of accidents rapidly and to operate effectively and safely on 
arrival--
    a. On heavily traveled freeways and other limited access roads;
    b. In other types of locations where wreckage or spillage of 
hazardous materials on or adjacent to highways endangers the public 
health and safety;
    4. Extricate trapped persons from wreckage with reasonable care-to 
avoid injury or aggravating existing injuries;
    5. Warn approaching drivers and detour them with reasonable care 
past hazardous wreckage or spillage;
    6. Ensure safe handling of spillage or potential spillage of 
materials that are --
    a. Radioactive
    b. Flammable
    c. Poisonous
    d. Explosive
    e. Otherwise hazardous; and
    7. Expeditiously remove wreckage or spillage from roadways or 
otherwise ensure the resumption of safe, orderly traffic flow.
    C. All rescue and salvage personnel are properly trained and 
retrained in the latest accident cleanup techniques.
    D. An interoperable communications system is provided, adequately 
equipped and manned, to provide coordinated efforts in incident 
detection and the notification, dispatch, and response of appropriate 
services.
    II. The program should be periodically evaluated by the State to 
ensure adherence to the principles and concepts of the National 
Incident Management System using the Federal Highway Administration's 
Traffic Incident Management State Self-Assessment (http://ops.fhwa.dot.gov/eto_tim_pse/preparedness/tim/self.htm). The National 
Highway Traffic Safety Administration should be provided with an 
evaluation summary.

Highway Safety Program Guideline No. 18

Motor Vehicle Crash Investigation And Incident Reporting (Formerly 
Accident Investigation and Reporting)

    Each State should have a highway safety program for the 
investigation and reporting of all motor vehicle crashes and incidents, 
and the associated deaths, injuries and reportable property damage that 
occur within the State.
    I. A uniform, comprehensive crash investigation and incident 
reporting program would provide for gathering information--who, what, 
when, where, why, and how--on all motor vehicle crashes and incidents, 
and the associated deaths, injuries, and property damage within the 
State and entering the information into the traffic records system for 
use in planning, evaluating, and furthering highway safety program 
goals.
    II. For the purpose of this guideline, the definitions adhere to 
D16.1-2007, the Manual on Classification of Motor Vehicle Traffic 
Accidents (http://downloads.nsc.org/pdf/D16.1_Classification_Manual.pdf).
    III. A model crash investigation and incident reporting program 
would be structured as follows:
    A. Administration.
    1. There should be a State agency having primary responsibility for 
the collection, storing, processing, administration and supervision of 
crash investigation and incident reporting information and for 
providing this information upon request to other user agencies.
    2. At all levels of government, there should be adequate staffing 
(not necessarily limited to law enforcement officers) with the 
knowledge, skills and ability to conduct crash investigations and 
incident reporting and to process the collected information.
    3. Procedures should be established to assure coordination, 
cooperation, and exchange of information among local, State, and 
Federal agencies having responsibility for the investigation of motor 
vehicle crashes and incidents, and processing of collected data.
    4. Each State should establish procedures for entering crash

[[Page 37098]]

investigation and incident information into the statewide traffic 
records system (established pursuant to Highway Safety Program 
Guideline No. 10 Traffic Records) and for assuring uniformity and 
compatibility of this data with the requirements of the system, 
including at a minimum:
    a. Use of uniform definitions and classifications as denoted in the 
Model Minimum Uniform Crash Criteria Guideline (MMUCC) (http://www.mmucc.us); and
    b. A guideline format for input of data into a statewide traffic 
records system.
    B. Crash investigation and incident reporting. Each State should 
establish procedures that require the reporting of motor vehicle 
crashes and incidents to the responsible State agency within a 
reasonable time after the occurrence.
    C. Driver reports.
    1. In motor vehicle crashes involving only property damage, and 
where the motor vehicle can be safely driven away from the scene, the 
drivers of the motor vehicles involved should be required to submit a 
written report consistent with State reporting requirements, to the 
responsible State agency. A motor vehicle should be considered capable 
of being normally and safely driven if it does not require towing and 
can be operated under its own power, in its customary manner, without 
further damage or hazard to itself, other traffic elements, or the 
roadway. Each driver report should include, at a minimum, the following 
information relating to the crash:
    a. Location.
    b. Date.
    c. Time.
    d. Identification of drivers.
    e. Identification of the owner.
    f. Identification of any pedestrians, passengers, and pedal-
cyclists.
    g. Identification of the motor vehicles.
    h. Direction of travel of each motor vehicle involved.
    i. Other property involved.
    j. Environmental conditions existing at the time of the accident.
    k. A narrative description of the events and circumstances leading 
up to the time of the crash and immediately after the crash.
    2. In all other motor vehicle crashes or incidents, the drivers of 
the motor vehicles involved should be required to immediately notify 
and report the motor vehicle crash or incident to the nearest law 
enforcement agency of the jurisdiction in which the motor vehicle crash 
or incident occurred. This includes, but is not limited to, motor 
vehicle crashes or incidents involving: (1) Fatal or nonfatal personal 
injury or (2) damage to the extent that any motor vehicle involved 
cannot be driven under its own power, and therefore requires towing.
    D. Motor vehicle crash investigation and incident reporting. Each 
State should establish a plan for motor vehicle crash investigation and 
incident reporting that meets the following criteria:
    1. A law enforcement agency investigation should be conducted of 
all motor vehicle crashes and incidents identified in section III.C.2. 
of this guideline. Information collected should be consistent with the 
law enforcement mission of detecting and apprehending violators of any 
criminal or traffic statute, regulation or ordinance, and should 
include, as a minimum, the following:
    a. Violation(s), if any occurred, cited by section and subsection, 
numbers and titles of the State code, that contributed to the motor 
vehicle crash or incident or for which the driver was arrested or 
cited.
    b. Information supporting each of the elements of the offenses for 
which the driver was arrested or cited.
    c. Information (collected in accordance with the program 
established under Highway Safety Program Guideline No. 15, Traffic Law 
Enforcement Services), relating to human, vehicular, and roadway 
factors causing individual motor vehicle crashes and incidents, 
injuries, and deaths, including failure to use seat belts.
    2. Multidisciplinary motor vehicle crash investigation teams should 
be established, with representatives from appropriate interest areas, 
such as law enforcement, prosecutorial, traffic, highway and automotive 
engineering, medical, behavioral, and social sciences. Data gathered by 
each member of the investigation team should be consistent with the 
mission of the member's agency, and should be for the purpose of 
determining the causes of motor vehicle crashes, injuries, and deaths. 
These teams should conduct investigations of an appropriate sampling of 
motor vehicle crashes in which there were one or more of the following 
conditions:
    a. Locations that have a similarity of design, traffic engineering 
characteristics, or environmental conditions, or that have a 
significantly large or disproportionate number of crashes.
    b. Motor vehicles or motor vehicle parts that are involved in a 
significantly large or disproportionate number of motor vehicle 
crashes, or fatal or injury-producing crashes or incidents.
    c. Drivers, pedestrians, and motor vehicle occupants of a 
particular age, sex, or other grouping, who are involved in a 
significantly large or disproportionate number of fatal or injury 
producing motor vehicle crashes or incidents.
    d. Motor vehicle crashes in which the causation or the resulting 
injuries and property damage are not readily explainable in terms of 
conditions or circumstances that prevailed.
    e. Other factors that concern State and national emphasis programs.
    IV. Evaluation. The program should be evaluated at least annually 
by the State. The National Highway Traffic Safety Administration should 
be provided with a copy of the evaluation.

    Authority:  23 U.S.C. Section 402.

    Issued on: June 14, 2012.
Jeff Michael,
Associate Administrator for Research and Program Development.
[FR Doc. 2012-15011 Filed 6-19-12; 8:45 am]
BILLING CODE 4910-59-P