Sec. 12208. Design standards
417 words·~2 min read·
/bill/114/hr/22/eas/section-12208A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 109 of title 23, United States Code, is amended— in subsection (c)— in paragraph (1)— in the matter preceding subparagraph (A), by striking may take into account and inserting shall consider ; and in subparagraph (C), by striking access for and inserting access and safety for ; and in paragraph (2)— in subparagraph (C), by striking and at the end; by redesignating subparagraph
(D)as subparagraph (F); and by inserting after subparagraph
(C)the following: the publication entitled Highway Safety Manual of the American Association of State Highway and Transportation Officials; the publication entitled Urban Street Design Guide of the National Association of City Transportation Officials; and ; in subsection (f), by inserting pedestrian walkways, after bikeways, ; and by adding at the end the following: Not later than 2 years after the date of the enactment of this subsection, the Secretary shall establish standards to ensure that the design of Federal surface transportation projects provides for the safe and adequate accommodation (as determined by the State or other direct recipient of funds), in all phases of project planning, development, and operation, of all users of the transportation network, including motorized and nonmotorized users. The Secretary may waive the application of standards established under paragraph
(1)to a State that has adopted a law or policy that provides for the safe and adequate accommodation (as determined by the State or other direct recipient of funds), in all phases of project planning and development, of users of the transportation network on federally funded surface transportation projects. Each State department of transportation shall submit a report to the Secretary, at such time, in such manner, and containing such information as the Secretary shall require, that describes measures implemented by the State to comply with this subsection. Upon the receipt of a report from a State under subparagraph (A), the Secretary shall determine whether the State is in compliance with this section. . Notwithstanding section 109(o) of title 23, United States Code, a local jurisdiction may use a roadway design guide that is different from the roadway design guide used by the State in which the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdiction (other than a highway on the Interstate System) if— the local jurisdiction is the project sponsor; the roadway design guide— is recognized by the Federal Highway Administration; and is adopted by the local jurisdiction; and the design complies with all other applicable Federal laws.