(a)
(1)
(A) on which the accident rate for fatalities and incapacitating injuries exceeds the statewide average for those functional classes of roadway; or
(B) that will likely have increases in traffic volume that are likely to create an accident rate for fatalities and incapacitating injuries that exceeds the statewide average for those functional classes of roadway.
(2)
(3)
(A)
(i) corrects or improves a hazardous road location or feature; or
(ii) addresses a highway safety problem.
(B)
(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, pedestrians, and the disabled.
(iv) Installation of a skid-resistant surface at an intersection or other location with a high frequency of accidents.
(v) An improvement for pedestrian or bicyclist safety or safety of the disabled.
(vi) Construction of any project for the elimination of hazards at a railway-highway crossing that is eligible for funding under section 130, including the separation or protection of grades at railway-highway crossings.
(vii) Construction of a railway-highway crossing safety feature, including installation of protective devices.
(viii) The conduct of a model traffic enforcement activity at a railway-highway crossing.
(ix) Construction of a traffic calming feature.
(x) Elimination of a roadside obstacle.
(xi) Improvement of highway signage and pavement markings.
(xii) Installation of a priority control system for emergency vehicles at signalized intersections.
(xiii) Installation of a traffic control or other warning device at a location with high accident potential.
(xiv) Safety-conscious planning.
(xv) Improvement in the collection and analysis of crash data.
(xvi) Planning integrated interoperable emergency communications equipment, operational activities, or traffic enforcement activities (including police assistance) relating to workzone safety.
(xvii) Installation of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of motorists and workers), and crash attenuators.
(xviii) The addition or retrofitting of structures or other measures to eliminate or reduce accidents involving vehicles and wildlife.
(xix) Installation and maintenance of signs (including fluorescent, yellow-green signs) at pedestrian-bicycle crossings and in school zones.
(xx) Construction and yellow-green signs at pedestrian-bicycle crossings and in school zones.
(xxi) Construction and operational improvements on high risk rural roads.
(4)
(A)
(B)
(5)
(6)
(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) persons responsible for administering section 130 at the State level;
(vi) representatives conducting Operation Lifesaver;
(vii) representatives conducting a motor carrier safety program under section 31102, 31106, or 31309 of title 49;
(viii) motor vehicle administration agencies; and
(ix) other major State and local safety stakeholders;
(B) analyzes and makes effective use of State, regional, or local crash 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, public roads;
(E) considers the results of State, regional, or local transportation and highway safety planning processes;
(F) describes a program of projects or strategies to reduce or eliminate safety hazards;
(G) is approved by the Governor of the State or a responsible State agency; and
(H) is consistent with the requirements of section 135(g).
(b)
(1)
(2)
(c)
(1)
(A) develops and implements a State strategic highway safety plan that identifies and analyzes highway safety problems and opportunities as provided in paragraph (2);
(B) produces a program of projects or strategies to reduce identified safety problems;
(C) evaluates the plan on a regular basis to ensure the accuracy of the data and priority of proposed improvements; and
(D) submits to the Secretary an annual report that—
(i) describes, in a clearly understandable fashion, not less than 5 percent of locations determined by the State, using criteria established in accordance with paragraph (2)(B)(ii), as exhibiting the most severe safety needs; and
(ii) contains an assessment of—
(I) potential remedies to hazardous locations identified;
(II) estimated costs associated with those remedies; and
(III) impediments to implementation other than cost associated with those remedies.
(2)
(A) have in place a crash data system with the ability to perform safety problem identification and countermeasure analysis;
(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; and
(ii) using such criteria as the State determines to be appropriate, establish the relative severity of those locations, in terms of accidents, injuries, deaths, traffic volume levels, and other relevant data;
(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 traffic records data collection, analysis, and integration with other sources of safety data (such as road inventories) 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;
(iii) identifies hazardous locations, sections, and elements on public roads that constitute a danger to motorists (including motorcyclists), bicyclists, pedestrians, the disabled, and other highway users; and
(iv) includes a means of identifying the relative severity of hazardous locations described in clause (iii) in terms of accidents, injuries, deaths, and traffic volume levels;
(E)(i) determine priorities for the correction of hazardous road locations, sections, and elements (including railway-highway crossing improvements), as identified through crash 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.
(d)
(1)
(A) any highway safety improvement project on any public road or publicly owned bicycle or pedestrian pathway or trail; or
(B) as provided in subsection (e), other safety projects.
(2)
(A)
(B)
(e)
(1)
(A) the State has met needs in the State relating to railway-highway crossings; and
(B) the State has met the State's infrastructure safety needs relating to highway safety improvement projects.
(2)
(f)
(1)
(2)
(g)
(1)
(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 contribute to the goals of—
(i) reducing the number of fatalities on roadways;
(ii) reducing the number of roadway-related injuries;
(iii) reducing the occurrences of roadway-related crashes;
(iv) mitigating the consequences of roadway-related crashes; and
(v) reducing the occurrences of crashes at railway-highway crossings.
(2)
(3)
(A) the Web site of the Department; and
(B) such other means as the Secretary determines to be appropriate.
(4)
(h)
(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.)
The date of enactment of this section, referred to in subsec. (e)(2), probably means the date of enactment of Pub. L. 109–59, which amended this section generally and was approved Aug. 10, 2005.
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 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. 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 that:
“(1)
“(2)
“(A)
“(B)