Highway Safety Improvement Program Special Rules

HRRR Special Rule
Older Drivers and Pedestrians Special Rule
VRU Safety Special Rule

Program Overview

The Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58, also known as the "Bipartisan Infrastructure Law" (BIL)), was signed into law on November 15, 2021. Among other things, the BIL established a new Special Rule under the Highway Safety Improvement Program (HSIP) under section 148 of title 23 of the United States Code (U.S.C.) for vulnerable road user (VRU) safety and continued the two existing special rules for High-Risk Rural Roads (HRRR) and Older Drivers and Pedestrians without change. The VRU Special Rule is part of a larger focus on non-motorist safety that includes a new requirement for States to complete VRU safety assessments (23 U.S.C. 148(l)).

This page provides information to support implementation of the three Special Rules in 23 U.S.C. 148(g) as part of the HSIP:

• HRRR Special Rule (23 U.S.C. 148(g)(1));
• Older Drivers and Pedestrians Special Rule (23 U.S.C. 148(g)(2)); and
• VRU Safety Special Rule (23 U.S.C. 148(g)(3)).

FHWA issued guidance on February 2, 2022 for the HSIP Special Rules available on FHWA's website at the following URL: https://safety.fhwa.dot.gov/hsip/rulemaking/docs/Section148_SpecialRule_Guidance.pdf.

High Risk Rural Roads (HRRR)

Program Overview

High Risk Rural Roads are defined in 23 U.S.C. 148(a)(1) as "any roadway functionally classified as a rural major or minor collector or a rural local road with significant safety risks, as defined by a State in accordance with an updated State strategic highway safety plan."

While the Moving Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141), signed into law on July 6, 2012, eliminated the $90 million set-aside for the HRRR program, it also established a Special Rule for high risk rural road safety under 23 U.S.C. 148(g)(1). The HRRR Special Rule was continued with the Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 114-94) and the BIL without change and requires a State to obligate a certain amount of funds on HRRRs if the fatality rate on its rural roads increases over the most recent 2-year period for which data are available.

Policy and Guidance

While HRRRs are limited to the functional classifications of rural major and minor collectors and rural local roads, only those "with significant safety risks" as defined by each State in their updated State Strategic Highway Safety Plans (SHSPs) are considered HRRRs. More information on how a State may determine what a "significant safety risk" is can be found in the HSIP Special Rules Guidance.

As discussed in the guidance, the HRRR Special Rule applies if "the fatality rate on rural roads in a State increases over the most recent 2-year period for which data are available." To calculate the fatality rate for rural major and minor collectors and rural local roads in a State, FHWA will use data from the Highway Performance Monitoring System (HPMS) and the National Highway Traffic Safety Administration (NHTSA) Fatality Analysis Reporting System (FARS). If the HRRR Special Rule applies to a State, under 23 U.S.C. 148(g)(1), the State must obligate in the following fiscal year an amount equal to at least 200 percent of its FY 2009 high risk rural roads set-aside for high risk rural roads, as defined in their State SHSP (shown in table below). The FHWA Office of Safety will update the Division Offices for each State where the Special Rule applies.

For additional information on HRRR Special Rule obligation requirements and the next steps if a State subject to the HRRR Special Rule does not fully obligate HRRR Special Rule set-aside funds and associated obligation limitation, please see the HSIP Special Rules Guidance FHWA issued in February, 2022. 

Table: 2009 Set-Aside Amounts and Obligation Requirements for HRRR Special Rule
Source: https://www.fhwa.dot.gov/legsregs/directives/notices/n4510742/n4510742t17.cfm

State	2009 HRRR set-aside funds	Funds required to be obligated in a fiscal year for HRRR if the HSIP HRRR Special Rule applies
Alabama	$2,062,489	$4,124,978
Alaska	$450,000	$900,000
Arizona	$2,046,858	$4,093,716
Arkansas	$1,374,327	$2,748,654
California	$8,781,564	$17,563,128
Colorado	$1,413,042	$2,826,084
Connecticut	$751,445	$1,502,890
Delaware	$450,000	$900,000
District of Columbia	$450,000	$900,000
Florida	$4,722,502	$9,445,004
Georgia	$3,149,726	$6,299,452
Hawaii	$450,000	$900,000
Idaho	$647,399	$1,294,798
Illinois	$3,024,273	$6,048,546
Indiana	$1,756,645	$3,513,290
Iowa	$1,335,895	$2,671,790
Kansas	$1,575,055	$3,150,110
Kentucky	$1,439,993	$2,879,986
Louisiana	$1,542,587	$3,085,174
Maine	$450,000	$900,000
Maryland	$1,331,794	$2,663,588
Massachusetts	$1,136,838	$2,273,676
Michigan	$2,926,006	$5,852,012
Minnesota	$1,810,055	$3,620,110
Mississippi	$1,639,574	$3,279,148
Missouri	$2,328,568	$4,657,136
Montana	$694,880	$1,389,760
Nebraska	$938,461	$1,876,922
Nevada	$743,907	$1,487,814
New Hampshire	$450,000	$900,000
New Jersey	$1,666,605	$3,333,210
New Mexico	$943,712	$1,887,424
New York	$3,095,686	$6,191,372
North Carolina	$2,363,489	$4,726,978
North Dakota	$628,833	$1,257,666
Ohio	$2,757,751	$5,515,502
Oklahoma	$1,899,409	$3,798,818
Oregon	$1,220,060	$2,440,120
Pennsylvania	$2,883,447	$5,766,894
Rhode Island	$450,000	$900,000
South Carolina	$2,008,769	$4,017,538
South Dakota	$758,550	$1,517,100
Tennessee	$2,118,260	$4,236,520
Texas	$7,286,076	$14,572,152
Utah	$665,659	$1,331,318
Vermont	$450,000	$900,000
Virginia	$2,229,887	$4,459,774
Washington	$1,572,286	$3,144,572
West Virginia	$805,658	$1,611,316
Wisconsin	$1,868,071	$3,736,142
Wyoming	$453,909	$907,818

Additional Resources

Noteworthy Practice: Funding High Risk Rural Road Projects (FHWA-SA-18-070) – Case study highlighting Kansas DOT overcoming limited data and proactively identifying HRRR projects using a systemic approach.

Noteworthy Practice: Partnerships to Use High Risk Rural Roads Special Rule Funds (FHWA-SA-19-035) – Case study highlighting Colorado DOT who successfully partnered with Federal, State and local agencies on HRRR safety solutions.

Manual for Selecting Safety Improvements on High Risk Rural Roads (FHWA-HOP-14-075) – Provides information on improving safety on HRRRs including safety benefits, a cost-effectiveness comparison of safety treatments, applicability of treatment deployment, maintenance costs, and decision-making processes for selecting treatments.

Implementing the High Risk Rural Roads Program (FHWA-SA-10-012) – Documents common challenges, noteworthy practices, and lessons learned through the first 4 years of implementation of the HRRR Program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59). While this document was published in 2010 and the HRRR Program has since been updated by MAP-21, the FAST Act, and the BIL, some of the information in the report may still be of interest to States.

Local and Rural Road Safety Program – Provides national leadership in identifying, developing, and delivering safety programs and products to agencies, elected officials, governments, and other stakeholders to improve safety on local and rural roads.

Older Driver and Pedestrians Special Rule

Program Overview

Per 23 U.S.C. 148(g)(2), if the rate per capita of traffic fatalities and serious injuries for drivers and pedestrians age 65 and over in a State increases over the most recent 2-year period for which data are available, the Older Driver and Pedestrian Special Rule requires a State to include strategies to address the increases in those rates in their State Strategic Highway Safety Plan (SHSP). FHWA issued the HSIP Special Rules Guidance in February 2, 2022 to provide guidance and information on how to determine if the Special Rule applies in a State.

Policy and Guidance

To determine whether the Older Drivers and Pedestrian Special Rule applies in a State, the FHWA will consider older drivers and older pedestrians collectively. States report fatalities and serious injuries involving older drivers and pedestrians 65 years of age and older, consistent with the most current version of the HSIP Special Rules Guidance. In accordance with FHWA's HSIP Reporting Guidance, States should provide seven years of data, ending with the year prior to the most current full year of data.

As discussed in the HSIP Special Rules Guidance, the Older Drivers and Pedestrians Special Rule applies if "the rate of traffic fatalities and serious injuries for drivers and pedestrians 65 years of age or older…in a State increases during the most recent 2-year period." To calculate the fatality and serious injury rate for older drivers and pedestrians in a State, FHWA will use fatality data from the NHTSA FARS, serious injury data from the State's annual Highway Safety Improvement Program report, and population data from the U.S. Census Bureau (shown in table below).

If the Older Drivers and Pedestrians Special Rule applies to a State, per 23 U.S.C. 148(g)(2), that State shall include, in its subsequent SHSP update, strategies to address the increase in the older driver and older pedestrian fatal and serious injuries rate, taking into account the treatments listed in the 2014 FHWA publication, "Handbook for Designing Roadways for the Aging Population". The State also should conduct a secondary analysis to determine whether the increase is attributable to driver fatalities and injuries, pedestrian fatalities and injuries, or a combination of the two. This helps a State determine whether the emphasis on safety programs and countermeasures should be focused on drivers and/or pedestrians. The FHWA Office of Safety will update the Division Offices for each State where the Special Rule applies.

For additional information on Older Drivers and Pedestrians Special Rule requirements and implementation, please see the HSIP Special Rules Guidance FHWA issued in February, 2022. 

Table: Population of Persons Aged 65 Years and Older (thousands)
Source: https://data.census.gov/cedsci/

State	2014	2015	2016	2017	2018	2019	2020
Alabama	747	762	784	803	830	854	882
Alaska	70	71	76	83	88	91	98
Arizona	1,071	1,120	1,170	1,201	1,259	1,307	1,387
Arkansas	465	478	486	497	508	524	542
California	4,990	5,190	5,348	5,505	5,667	5,835	6,082
Colorado	680	712	743	774	808	845	885
Connecticut	556	565	577	601	613	629	651
Delaware	154	161	167	173	181	190	199
District of Columbia	74	77	79	84	86	88	91
Florida	3,791	3,945	4,091	4,215	4,359	4,498	4,674
Georgia	1,249	1,303	1,359	1,402	1,456	1,523	1,589
Hawaii	228	237	244	254	261	269	314
Idaho	235	243	256	263	279	289	309
Illinois	1,788	1,828	1,873	1,948	1,991	2,045	2,104
Indiana	941	965	993	1,024	1,051	1,084	1,123
Iowa	491	501	514	525	538	554	569
Kansas	418	426	438	447	462	478	493
Kentucky	653	674	688	709	731	755	776
Louisiana	631	654	674	696	721	742	770
Maine	243	251	257	267	276	286	296
Maryland	822	847	876	903	931	960	998
Massachusetts	1,016	1,044	1,074	1,108	1,138	1,172	1,208
Michigan	1,531	1,571	1,609	1,665	1,720	1,766	1,828
Minnesota	778	805	830	859	889	921	954
Mississippi	427	441	450	466	474	487	503
Missouri	932	951	977	1,010	1,035	1,058	1,100
Montana	170	179	184	190	200	208	216
Nebraska	271	279	285	295	304	312	321
Nevada	401	422	442	459	475	498	528
New Hampshire	209	218	227	236	245	253	265
New Jersey	1,312	1,343	1,372	1,416	1,438	1,475	1,524
New Mexico	318	331	342	350	368	378	395
New York	2,896	2,962	3,031	3,161	3,212	3,296	3,409
North Carolina	1,461	1,516	1,569	1,630	1,689	1,751	1,828
North Dakota	105	107	110	113	116	120	124
Ohio	1,797	1,840	1,885	1,940	1,996	2,044	2,112
Oklahoma	562	576	588	601	620	635	671
Oregon	634	660	689	709	740	767	801
Pennsylvania	2,134	2,181	2,222	2,277	2,332	2,388	2,462
Rhode Island	167	171	174	177	183	187	194
South Carolina	762	794	830	866	900	936	983
South Dakota	129	135	138	142	146	154	158
Tennessee	987	1,016	1,045	1,070	1,105	1,139	1,190
Texas	3,096	3,222	3,353	3,465	3,600	3,739	3,909
Utah	295	308	319	335	351	365	384
Vermont	107	110	114	117	124	125	130
Virginia	1,147	1,187	1,228	1,272	1,318	1,358	1,415
Washington	993	1,037	1,079	1,118	1,164	1,208	1,267
West Virginia	329	336	344	351	361	367	377
Wisconsin	876	901	927	956	986	1,020	1,053
Wyoming	80	83	88	90	97	99	105
Puerto Rico	617	627	646	659	661	680	697

Additional Resources

"Handbook for Designing Roadways for the Aging Population" (FHWA-SA-14-015) – Provides practitioners with a practical information source that links aging road user performance to highway design, operational, and traffic engineering features. This Handbook supplements existing standards and guidelines in the areas of highway geometry, operations, and traffic control devices.

Vulnerable Road Users (VRU) Safety Special Rule

Program Overview

The BIL established a new Special Rule under 23 U.S.C. 148(g)(3) for VRU safety.

Vulnerable road users are defined in 23 U.S.C. 148(a)(15) as "a nonmotorist—'(A) with a fatality analysis reporting system person attribute code that is included in the definition of the term 'number of non-motorized fatalities’ in section 490.205 of title 23, Code of Federal Regulations (or successor regulations); or '(B) described in the term 'number of non-motorized serious injuries' in that section."

While the statutory definition for "vulnerable road user" includes both "number of nonmotorized fatalities" and "number of serious injuries," the VRU Safety Special Rule only considers non-motorized fatalities, per 23 U.S.C. 148(g)(3). Non-motorized fatalities, by reference to 23 CFR 490.205, refer to fatalities with the FARS person attribute codes for Pedestrian, Bicyclist; Other Cyclist, and Person on Personal Conveyance.

Policy and Guidance

The new VRU Safety Special Rule at 23 U.S.C. 148(g)(3) provides: "If the total annual fatalities of vulnerable road users in a State represents not less than 15 percent of the total annual crash fatalities in the State, that State shall be required to obligate not less than 15 percent of the amounts apportioned to the State under section 104(b)(3) for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users."

To calculate the percentage of VRU fatalities, FHWA will use data from the NHTSA FARS. If the VRU Safety Special Rule applies to a State, 23 U.S.C. 148(g)(3) requires the State to obligate in the next fiscal year not less than 15 percent of the amounts apportioned to the State under 23 U.S.C. 104(b)(3) for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users. The FHWA Office of Safety will update the Division Offices for each State where the Special Rule applies.

For additional information on VRU Safety Special Rule obligation requirements and the next steps if a State subject to the Special Rule does not fully obligate VRU Safety Special Rule set-aside funds and associated obligation limitation, please see the HSIP Special Rules Guidance FHWA issued in February, 2022. 

Additional Resources

FARS Manuals and Documentation – NHTSA website housing FARS manuals and documentation.