U.S. Department of Transportation
Federal Highway Administration
1200 New Jersey Avenue, SE
Washington, DC 20590
202-366-4000
The term “high risk rural road” means any roadway functionally classified as a rural major or minor collector or a rural local road-
The term ‘highway safety improvement program’ means the program carried out under this section
The term “highway safety improvement project” means a project described in the State strategic highway safety plan that-
The term “highway safety improvement project” includes a project for one or more of the following:
The term “safety project under any other section” means a project carried out for the purpose of safety under any other section of Title 23, USC.
The term “State highway safety improvement program’ means projects or strategies included in the State strategic highway safety plan carried out as part of the State transportation improvement program.
The term “State strategic highway safety plan” means a plan developed by the State transportation department that comprehensively identifies and analyzes highway safety problems and opportunities.
PURPOSE—The purpose of the highway safety improvement program shall be to achieve a significant reduction in traffic fatalities and serious injuries on public roads.
To obligate funds apportioned under the new Section 104(b)(5) {Highway Safety Improvement Program} to carry out this section, a State shall have in effect a State Highway Safety Improvement Program in which the State –
In General—A State may obligate funds apportioned to the State under the Highway Safety Improvement Program to carry out -
Use of other funding for safety
To further the implementation of a State strategic highway safety plan, a State may use up to 10 percent of the amount of funds apportioned to the State under the Highway Safety Improvement Program for a fiscal year to carry out safety projects under any other section as provided in the State strategic highway safety plan if the State certifies that-
Nothing in this subsection requires a State to revise any State process, plan, or program in effect on the date of enactment of this section.
After making an apportionment under the Highway Safety Improvement Program for a fiscal year beginning after September 30, 2005, the Secretary shall ensure, from amounts made available to carry out this section for such a fiscal year, that a total of $90,000,000 of such apportionment is set aside by the States, proportionally according to the share of each State of the total amount so apportioned, for use only for construction and operational improvements on high risk rural roads.
A State may use funds apportioned to the State pursuant to this subsection for any project under this section if the State certifies to the Secretary that the State has met all of State needs for construction and operational improvements on high risk rural roads.
Before making an apportionment under the Highway Safety Improvement Program for a fiscal year, the Secretary shall set aside, from amounts made available to carry out the highway safety improvement program under section 148 for such fiscal year, at least $220,000,000 for the elimination of hazards and the installation of protective devices at rail-highway crossings.
If a State demonstrates to the satisfaction of the Secretary that the State has met all its needs for installation of protective devices at railway-highway crossings, the State may use funds made available by this section for other purposes under this subsection.
A State shall submit to the Secretary a report that:
describes progress being made to implement highway safety improvement projects under this section;
assesses the effectiveness of those improvements; and
describes the extent to which the improvements funded under this section contribute to the goals of:
CONTENTS; SCHEDULE.—The Secretary shall establish the content and schedule for this report.
TRANSPARENCY—States shall also submit to the Secretary an annual report that describes in a clearly understandable fashion, not less than 5 percent of locations determined by the State as exhibiting the most severe safety needs, using such criteria as the State determines to be appropriate to establish the relative severity of those locations, in terms of accidents, injuries, deaths, traffic volume levels, and other relevant data; and containing an assessment of—
These reports shall be made available to the public by the Secretary through-
DISCOVERY AND ADMISSION INTO EVIDENCE OF CERTAIN REPORTS, SURVEYS, AND INFORMATION—Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for any purpose directly relating the reporting requirements under the State highway safety improvement program, or published by the Secretary, shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location identified or addressed in such reports, surveys, schedules, lists, or other data.
(Note that an additional report on Section 130 efforts is also required; see pg. 8)
Except as provided in sections 120 and 130, the Federal share of the cost of a highway safety improvement carried out with funds apportioned to a State under the Highway Safety Improvement Program shall be 90 percent.
For the highway safety improvement program, in accordance with the following formula:
33 1/3 percent of the apportionments in the ratio that—
the total lane miles of Federal-aid highways in each State; bears to
the total lane miles of Federal-aid highways in all States.
33 1/3 percent of the apportionments in the ratio that—
the total vehicle miles traveled on lanes on Federal-aid highways in each State; bears to
the total vehicle miles traveled on lanes on Federal-aid highways in all States.
33 1/3 percent of the apportionments in the ratio that
the number of fatalities on the Federal-aid system in each State in the latest fiscal year for which data are available; bears to
the number of fatalities on the Federal-aid system in all States in the latest fiscal year for which data are available.
MINIMUM APPORTIONMENT - Notwithstanding the above apportionment formula, each State shall receive a minimum of 1/2 of 1 percent of the funds apportioned under the Highway Safety Improvement Program.
Implementation:
Except as provided below (Interim Period), the Secretary shall approve obligation of funds apportioned under the Highway Safety Improvement Program, only if, not later than October 1, 2006, a State has developed and implemented a State strategic highway safety plan as required pursuant to Section 148(c).
Interim Period:
Before October 1 of the second fiscal year after the date of the enactment of this Act and until the date on which a state develops and implements a State strategic highway safety plan, the Secretary shall apportion funds to a state for the highway safety Improvement program and the state may obligate funds apportioned to the State for the highway safety improvement program under section 148 for projects that were eligible for funding under sections 130 and 152 of that title, as in effect on the day before the date of enactment of this Act.
No Strategic Highway Safety Plan - If a State has not developed a strategic highway safety plan by October 1, 2007, the state shall receive for the highway safety improvement program for each subsequent fiscal year until the date of development of such plan an amount that equals the amount apportioned to the State for that program for fiscal year 2007.
Definition: The term “high risk rural road” means any roadway functionally classified as a rural major or minor collector or a rural local road –
Eligible Projects:
1 The FHWA has defined the following grade crossing improvements as “protective devices”: installation of standard signs and pavement markings; installation or replacement of active warning devices; upgrading active warning devices, including track circuit improvements and interconnections with highway traffic signals; crossing illumination; crossing surface improvements; general site improvements.