(i) correct or improve a hazardous road location or feature; or
(ii) address a highway safety problem.
(i) An intersection safety improvement.
(ii) Pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition).
(iii) Installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians, including persons with disabilities.
(iv) Installation of a skid-resistant surface at an intersection or other location with a high frequency of crashes.
(v) An improvement for pedestrian or bicyclist safety or safety of persons with disabilities.
(vi) Construction and improvement of a railway-highway grade crossing safety feature, including installation of protective devices.
(vii) The conduct of a model traffic enforcement activity at a railway-highway crossing.
(viii) Construction of a traffic calming feature.
(ix) Elimination of a roadside hazard.
(x) Installation, replacement, and other improvement of highway signage and pavement markings, or a project to maintain minimum levels of retroreflectivity, that addresses a highway safety problem consistent with a State strategic highway safety plan.
(xi) Installation of a priority control system for emergency vehicles at signalized intersections.
(xii) Installation of a traffic control or other warning device at a location with high crash potential.
(xiii) Transportation safety planning.
(xiv) Collection, analysis, and improvement of safety data.
(xv) Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to work zone safety.
(xvi) Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of road users and workers), and crash attenuators.
(xvii) The addition or retrofitting of structures or other measures to eliminate or reduce crashes involving vehicles and wildlife.
(xviii) Installation of yellow-green signs and signals at pedestrian and bicycle crossings and in school zones.
(xix) Construction and operational improvements on high risk rural roads.
(xx) Geometric improvements to a road for safety purposes that improve safety.
(xxi) A road safety audit.
(xxii) Roadway safety infrastructure improvements consistent with the recommendations included in the publication of the Federal Highway Administration entitled "Highway Design Handbook for Older Drivers and Pedestrians" (FHWA–RD–01–103), dated May 2001 or as subsequently revised and updated.
(xxiii) Truck parking facilities eligible for funding under section 1401 of the MAP–21.
(xxiv) Systemic safety improvements.
(xxv) Installation of vehicle-to-infrastructure communication equipment.
(xxvi) Pedestrian hybrid beacons.
(xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles, including medians and pedestrian crossing islands.
(xxviii) A physical infrastructure safety project not described in clauses (i) through (xxvii).
(A) is developed after consultation with—
(i) a highway safety representative of the Governor of the State;
(ii) regional transportation planning organizations and metropolitan planning organizations, if any;
(iii) representatives of major modes of transportation;
(iv) State and local traffic enforcement officials;
(v) a highway-rail grade crossing safety representative of the Governor of the State;
(vi) representatives conducting a motor carrier safety program under section 31102, 31106, or 31309 of title 49;
(vii) motor vehicle administration agencies;
(viii) county transportation officials;
(ix) State representatives of nonmotorized users; and
(x) other major Federal, State, tribal, and local safety stakeholders;
(B) analyzes and makes effective use of State, regional, local, or tribal safety data;
(C) addresses engineering, management, operation, education, enforcement, and emergency services elements (including integrated, interoperable emergency communications) of highway safety as key factors in evaluating highway projects;
(D) considers safety needs of, and high-fatality segments of, all public roads, including non-State-owned public roads and roads on tribal land;
(E) considers the results of State, regional, or local transportation and highway safety planning processes;
(F) describes a program of strategies to reduce or eliminate safety hazards;
(G) is approved by the Governor of the State or a responsible State agency;
(H) is consistent with section 135(g); and
(I) is updated and submitted to the Secretary for approval as required under subsection (d)(2).
(A) develops, implements, and updates a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities as provided in subsections (a)(11) and (d);
(B) produces a program of projects or strategies to reduce identified safety problems; and
(C) evaluates the strategic highway safety plan on a regularly recurring basis in accordance with subsection (d)(1) to ensure the accuracy of the data and priority of proposed strategies.
(A) have in place a safety data system with the ability to perform safety problem identification and countermeasure analysis—
(i) to improve the timeliness, accuracy, completeness, uniformity, integration, and accessibility of the safety data on all public roads, including non-State-owned public roads and roads on tribal land in the State;
(ii) to evaluate the effectiveness of data improvement efforts;
(iii) to link State data systems, including traffic records, with other data systems within the State;
(iv) to improve the compatibility and interoperability of safety data with other State transportation-related data systems and the compatibility and interoperability of State safety data systems with data systems of other States and national data systems;
(v) to enhance the ability of the Secretary to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances; and
(vi) to improve the collection of data on nonmotorized crashes;
(B) based on the analysis required by subparagraph (A)—
(i) identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway crossing needs, and unmarked or poorly marked roads) that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, and other highway users;
(ii) using such criteria as the State determines to be appropriate, establish the relative severity of those locations, in terms of crashes (including crash rates), fatalities, serious injuries, traffic volume levels, and other relevant data;
(iii) identify the number of fatalities and serious injuries on all public roads by location in the State;
(iv) identify highway safety improvement projects on the basis of crash experience, crash potential, crash rate, or other data-supported means; and
(v) consider which projects maximize opportunities to advance safety;
(C) adopt strategic and performance-based goals that—
(i) address traffic safety, including behavioral and infrastructure problems and opportunities on all public roads;
(ii) focus resources on areas of greatest need; and
(iii) are coordinated with other State highway safety programs;
(D) advance the capabilities of the State for safety data collection, analysis, and integration in a manner that—
(i) complements the State highway safety program under chapter 4 and the commercial vehicle safety plan under section 31102 of title 49;
(ii) includes all public roads, including public non-State-owned roads and roads on tribal land;
(iii) identifies hazardous locations, sections, and elements on all public roads that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, persons with disabilities, and other highway users;
(iv) includes a means of identifying the relative severity of hazardous locations described in clause (iii) in terms of crashes (including crash rate), serious injuries, fatalities, and traffic volume levels; and
(v) improves the ability of the State to identify the number of fatalities and serious injuries on all public roads in the State with a breakdown by functional classification and ownership in the State;
(E)(i) determine priorities for the correction of hazardous road locations, sections, and elements (including railway-highway crossing improvements), as identified through safety data analysis;
(ii) identify opportunities for preventing the development of such hazardous conditions; and
(iii) establish and implement a schedule of highway safety improvement projects for hazard correction and hazard prevention; and
(F)(i) establish an evaluation process to analyze and assess results achieved by highway safety improvement projects carried out in accordance with procedures and criteria established by this section; and
(ii) use the information obtained under clause (i) in setting priorities for highway safety improvement projects.
(i) the findings of road safety audits;
(ii) the locations of fatalities and serious injuries;
(iii) the locations that do not have an empirical history of fatalities and serious injuries, but possess risk factors for potential crashes;
(iv) rural roads, including all public roads, commensurate with fatality data;
(v) motor vehicle crashes that include fatalities or serious injuries to pedestrians and bicyclists;
(vi) the cost-effectiveness of improvements;
(vii) improvements to rail-highway grade crossings; and
(viii) safety on all public roads, including non-State-owned public roads and roads on tribal land.
(i) update the strategic highway safety plans of the State in accordance with the requirements established by the Secretary under this subsection; and
(ii) submit the updated plans to the Secretary, along with a detailed description of the process used to update the plan.
(i) the updated strategic highway safety plan is consistent with the requirements of this subsection and subsection (a)(11); and
(ii) the process used is consistent with the requirements of this subsection.
(A) any highway safety improvement project on any public road or publicly owned bicycle or pedestrian pathway or trail;
(B) as provided in subsection (g); or
(C) any project to maintain minimum levels of retroreflectivity with respect to a public road, without regard to whether the project is included in an applicable State strategic highway safety plan.
(i) to create, update, or enhance a highway basemap of all public roads in a State;
(ii) to collect safety data, including data identified as part of the model inventory for roadway elements, for creation of or use on a highway basemap of all public roads in a State;
(iii) to store and maintain safety data in an electronic manner;
(iv) to develop analytical processes for safety data elements;
(v) to acquire and implement roadway safety analysis tools; and
(vi) to support the collection, maintenance, and sharing of safety data on all public roads and related systems associated with the analytical usage of that data.
(A) establish a subset of the model inventory of roadway elements that are useful for the inventory of roadway safety; and
(B) ensure that States adopt and use the subset to improve data collection.
(A) describes progress being made to implement highway safety improvement projects under this section;
(B) assesses the effectiveness of those improvements; and
(C) describes the extent to which the improvements funded under this section have contributed to reducing—
(i) the number and rate of fatalities on all public roads with, to the maximum extent practicable, a breakdown by functional classification and ownership in the State;
(ii) the number and rate of serious injuries on all public roads with, to the maximum extent practicable, a breakdown by functional classification and ownership in the State; and
(iii) the occurrences of fatalities and serious injuries at railway-highway crossings.
(A) the website of the Department; and
(B) such other means as the Secretary determines to be appropriate.
(1) use obligation authority equal to the apportionment of the State for the prior year under section 104(b)(3) only for highway safety improvement projects under this section until the Secretary determines that the State has met or made significant progress toward meeting the safety performance targets of the State; and
(2) submit annually to the Secretary, until the Secretary determines that the State has met or made significant progress toward meeting the safety performance targets of the State, an implementation plan that—
(A) identifies roadway features that constitute a hazard to road users;
(B) identifies highway safety improvement projects on the basis of crash experience, crash potential, or other data-supported means;
(C) describes how highway safety improvement program funds will be allocated, including projects, activities, and strategies to be implemented;
(D) describes how the proposed projects, activities, and strategies funded under the State highway safety improvement program will allow the State to make progress toward achieving the safety safety 1 performance targets of the State; and
(E) describes the actions the State will undertake to meet the safety performance targets of the State.
(A) the State does not use funds provided to carry out this section for a project on any such roads until the State completes a collection of the required model inventory of roadway elements for the applicable road segment; and
(B) the State demonstrates that the State consulted with affected Indian tribes before ceasing to collect data with respect to such roads that are included in the National Tribal Transportation Facility Inventory under section 202(b)(1) of this title.
(Added Pub. L. 93–87, title I, §129(b), Aug. 13, 1973, 87 Stat. 265; amended Pub. L. 95–599, title I, §§125, 129(d), Nov. 6, 1978, 92 Stat. 2705, 2707; Pub. L. 109–59, title I, §1401(a)(1), Aug. 10, 2005, 119 Stat. 1219; Pub. L. 112–141, div. A, title I, §1112(a), July 6, 2012, 126 Stat. 450; Pub. L. 114–94, div. A, title I, §§1113(a), 1406(b), Dec. 4, 2015, 129 Stat. 1347, 1410.)
Section 1401 of the MAP–21, referred to in subsec. (a)(4)(B)(xxiii), is section 1401 of Pub. L. 112–141, which is set out as a note under section 137 of this title.
The date of enactment of the MAP–21, referred to in subsecs. (d)(1)(A) and (g)(1), is deemed to be Oct. 1, 2012, see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of this title. Subsection (f) of this section, as in effect on the day before the date of enactment of the MAP–21, means subsec. (f) of this section as in effect on the day before the date of enactment of Pub. L. 112–141, which amended this section generally.
2015—Subsec. (a)(4)(B). Pub. L. 114–94, §1113(a)(1)(A)(i), substituted "only includes" for "includes, but is not limited to," in introductory provisions.
Subsec. (a)(4)(B)(xxv) to (xxviii). Pub. L. 114–94, §1113(a)(1)(A)(ii), added cls. (xxv) to (xxviii).
Subsec. (a)(10) to (13). Pub. L. 114–94, §1113(a)(1)(B), (C), redesignated pars. (11) to (13) as (10) to (12) and struck out former par. (10). Prior to amendment, text of par. (10) read as follows:
"(i) a project consistent with the State strategic highway safety plan that promotes the awareness of the public and educates the public concerning highway safety matters (including motorcycle safety);
"(ii) a project to enforce highway safety laws; and
"(iii) a project to provide infrastructure and infrastructure-related equipment to support emergency services."
Subsec. (c)(1)(A). Pub. L. 114–94, §1113(a)(2), substituted "subsections (a)(11)" for "subsections (a)(12)".
Subsec. (d)(2)(B)(i). Pub. L. 114–94, §1113(a)(3), substituted "subsection (a)(11)" for "subsection (a)(12)".
Subsec. (i). Pub. L. 114–94, §1406(b)(1), substituted "safety performance targets of the State established under section 150(d)" for "performance targets of the State established under section 150(d) by the date that is 2 years after the date of the establishment of the performance targets" in introductory provisions.
Subsec. (i)(1), (2). Pub. L. 114–94, §1406(b)(2), inserted "safety" before "performance targets" wherever appearing.
Subsec. (k). Pub. L. 114–94, §1113(a)(4), added subsec. (k).
2012—Pub. L. 112–141 amended section generally. Prior to amendment, section related to highway safety improvement program and consisted of subsecs. (a) to (h).
2005—Pub. L. 109–59 amended section catchline and text generally, substituting provisions relating to a highway safety improvement program for provisions relating to development of the Great River Road, a national scenic and recreational highway.
1978—Subsec. (a)(5). Pub. L. 95–599, §125(b), inserted provision authorizing charging of a fee in certain cases to cover operational costs.
Subsec. (e). Pub. L. 95–599, §129(d), substituted "75 per centum" for "70 per centum".
Subsec. (h). Pub. L. 95–599, §125(a), added subsec. (h).
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of this title.
Amendment by section 129(d) of Pub. L. 95–599 effective with respect to obligations incurred after Nov. 6, 1978, see section 129(h) of Pub. L. 95–599, set out as a note under section 120 of this title.
Pub. L. 112–141, div. A, title I, §1112(b), July 6, 2012, 126 Stat. 459, provided that:
"(i) conduct a thorough literature review;
"(ii) survey current practices of State departments of transportation; and
"(iii) survey current practices of local units of government, as appropriate.
"(i) State departments of transportation;
"(ii) county engineers and public works professionals;
"(iii) appropriate local officials; and
"(iv) appropriate private sector experts in the field of roadway safety infrastructure.
"(i) a summary of cost-effective roadway safety infrastructure improvements;
"(ii) a summary of the latest research on the financial savings and reduction in fatalities and serious bodily injury crashes from the implementation of cost-effective roadway safety infrastructure improvements; and
"(iii) recommendations for State and local governments on best practice methods to install cost-effective roadway safety infrastructure on high-risk rural roads.
Pub. L. 109–59, title I, §1401(d), formerly §1401(e), Aug. 10, 2005, 119 Stat. 1227, renumbered §1401(d) by Pub. L. 110–244, title I, §101(s)(1), June 6, 2008, 122 Stat. 1577, provided for different methods of obligating funds to States for highway safety improvement programs both before and after the second fiscal year beginning Aug. 10, 2005.
1 So in original.