Sec. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM
1,736 words·~8 min read·
/statute-compilations/comps-16776/sec-11111A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 11111 HIGHWAY SAFETY IMPROVEMENT PROGRAM ###
(a)In General Section 148 of title 23, United States Code, is amended— ####
(1)in subsection (a)— #####
(A)in paragraph (4)(B)— ######
(i)in clause (i), by inserting “that provides for the safety of all road users, as appropriate, including a multimodal roundabout” after “improvement”; ######
(ii)in clause (vi), by inserting “or a grade separation project” after “devices”; ######
(iii)by striking clause
(viii)and inserting the following: > > ###### “(viii) > > Construction or installation of features, measures, and road designs to calm traffic and reduce vehicle speeds.” > ; ######
(iv)by striking clause
(xxvi)and inserting the following: > > ###### “(xxvi) > > Installation or upgrades of traffic control devices for pedestrians and bicyclists, including pedestrian hybrid beacons and the addition of bicycle movement phases to traffic signals.” > ; and ######
(v)by striking clauses (xxvii) and (xxviii) and inserting the following: > > ###### “(xxvii) > > Roadway improvements that provide separation between pedestrians and motor vehicles or between bicyclists and motor vehicles, including medians, pedestrian crossing islands, protected bike lanes, and protected intersection features. > > > ###### “(xxviii) > > A pedestrian security feature designed to slow or stop a motor vehicle. > > > ###### “(xxix) > > A physical infrastructure safety project not described in clauses
(i)through (xxviii).” > ; #####
(B)by redesignating paragraphs
(9)through
(12)as paragraphs (10), (12), (13), and (14), respectively; #####
(C)by inserting after paragraph
(8)the following: > > #### “(9) Safe system approach > > The term ‘safe system approach’ means a roadway design— > > > ##### “(A) > > that emphasizes minimizing the risk of injury or fatality to road users; and > > > ##### “(B) > > that— > > > ###### “(i) > > takes into consideration the possibility and likelihood of human error; > > > ###### “(ii) > > accommodates human injury tolerance by taking into consideration likely accident types, resulting impact forces, and the ability of the human body to withstand impact forces; and > > > ###### “(iii) > > takes into consideration vulnerable road users.” > ; #####
(D)by inserting after paragraph
(10)(as so redesignated) the following: > > #### “(11) Specified safety project > > > ##### “(A) In general > > The term ‘specified safety project’ means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan. > > > ##### “(B) Inclusion > > The term ‘specified safety project’ includes a project that— > > > ###### “(i) > > promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users); > > > ###### “(ii) > > facilitates enforcement of traffic safety laws; > > > ###### “(iii) > > provides infrastructure and infrastructure-related equipment to support emergency services; > > > ###### “(iv) > > conducts safety-related research to evaluate experimental safety countermeasures or equipment; or > > > ###### “(v) > > supports safe routes to school noninfrastructure-related activities described in section 208(g)(2).” > ; #####
(E)in paragraph
(13)(as so redesignated)— ######
(i)by redesignating subparagraphs (G), (H), and
(I)as subparagraphs (H), (I), and (J), respectively; and ######
(ii)by inserting after subparagraph
(F)the following; > > ##### “(G) > > includes a vulnerable road user safety assessment;” > ; and #####
(F)by adding at the end the following: > > #### “(15) Vulnerable road user > > The term ‘vulnerable road user’ means 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. > > > #### “(16) Vulnerable road user safety assessment > > The term ‘vulnerable road user safety assessment’ means an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State to improve the safety of vulnerable road users as described in subsection (l).” > ; ####
(2)in subsection (c)— #####
(A)in paragraph (1)(A), by striking “subsections (a)(11)” and inserting “subsections (a)(13)”; and #####
(B)in paragraph (2)— ######
(i)in subparagraph (A)(vi), by inserting “and to differentiate the safety data for vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users” after “crashes”; ######
(ii)in subparagraph (B)(i), by striking “(including motorcyclists), bicyclists, pedestrians,” and inserting “, vulnerable road users (including motorcyclists, bicyclists, pedestrians),”; and ######
(iii)in subparagraph (D)— ######
(I)in clause (iv), by striking “and” at the end; ######
(II)in clause (v), by striking the semicolon at the end and inserting “; and”; and ######
(III)by adding at the end the following: > > ###### “(vi) > > improves the ability of the State to differentiate the fatalities and serious injuries of vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users;” > ; ####
(3)in subsection (d)(2)(B)(i), by striking “subsection (a)(11)” and inserting “subsection (a)(13)”; ####
(4)in subsection (e), by adding at the end the following: > > #### “(3) Flexible funding for specified safety projects > > > ##### “(A) In general > > To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects. > > > ##### “(B) Rule of construction > > Nothing in this paragraph requires a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph. > > > ##### “(C) Effect of paragraph > > > ###### “(i) Requirements > > A project carried out under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project. > > > ###### “(ii) Other apportioned programs > > Nothing in this paragraph prohibits the use of funds made available under other provisions of this title for a specified safety project that is a noninfrastructure project.” > ; ####
(5)in subsection (g), by adding at the end the following: > > #### “(3) Vulnerable road user safety > > 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.” > ; and ####
(6)by adding at the end the following: > > ### “(l) Vulnerable Road User Safety Assessment > > > #### “(1) In general > > Not later than 2 years after the date of enactment of this subsection, each State shall complete a vulnerable road user safety assessment. > > > #### “(2) Contents > > A vulnerable road user safety assessment under paragraph
(1)shall include— > > > ##### “(A) > > a quantitative analysis of vulnerable road user fatalities and serious injuries that— > > > ###### “(i) > > includes data such as location, roadway functional classification, design speed, speed limit, and time of day; > > > ###### “(ii) > > considers the demographics of the locations of fatalities and serious injuries, including race, ethnicity, income, and age; and > > > ###### “(iii) > > based on the data, identifies areas as ‘high-risk’ to vulnerable road users; and > > > ##### “(B) > > a program of projects or strategies to reduce safety risks to vulnerable road users in areas identified as high-risk under subparagraph (A)(iii). > > > #### “(3) Use of data > > In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall use data from the most recent 5-year period for which data is available. > > > #### “(4) Requirements > > In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall— > > > ##### “(A) > > take into consideration a safe system approach; and > > > ##### “(B) > > consult with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(A)(iii). > > > #### “(5) Update > > A State shall update the vulnerable road user safety assessment of the State in accordance with the updates required to the State strategic highway safety plan under subsection (d). > > > #### “(6) Requirement for transportation system access > > The program of projects developed under paragraph (2)(B) may not degrade transportation system access for vulnerable road users. > > > #### “(7) Guidance > > > ##### “(A) In general > > Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop guidance for States to carry out this subsection. > > > ##### “(B) Consultation > > In developing the guidance under this paragraph, the Secretary shall consult with the States and relevant safety stakeholders.” > . ###
(b)High-risk Rural Roads **[**[23 U.S.C. 148 note](/us/usc/t23/s148)**]** ####
(1)Study Not later than 2 years after the date of enactment of this Act, the Secretary shall update the study under section 1112(b)(1) of MAP-21 (23 U.S.C. 148 note; Public Law 112-141). ####
(2)Publication of report Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an update to the report described in section 1112(b)(2) of MAP-21 (23 U.S.C. 148 note; Public Law 112-141). ####
(3)Best practices manual Not later than 180 days after the date on which the report is published under paragraph (2), the Secretary shall update the best practices manual described in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note; Public Law 112-141).
Connectionstraces to 1
Traces to 1 document
1 reference not yet in our index
- Pub. L. 112-141
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources