23 USC 402 - Highway safety programs

View all text of Chapter 4 [§ 401 - § 412]

§ 402. Highway safety programs

(a)Program Required.—

(1)In general.—Each State shall have in effect a highway safety program that—

(i) is designed to reduce—(I) traffic crashes; and(II) deaths, injuries, and property damage resulting from those crashes;

(ii) includes—(I) an approved, current, triennial highway safety plan in accordance with subsection (k); and(II) an approved grant application under subsection (l) for the fiscal year;

(iii) demonstrates compliance with the applicable administrative requirements of subsection (b)(1); and

(iv) is approved by the Secretary.

(2)Uniform guidelines.—Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that—

(A) include programs—

(i) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits;

(ii) to encourage the proper use of safety belts by occupants of motor vehicles;

(iii) to encourage more widespread and proper use of child restraints, with an emphasis on underserved populations;

(iv) to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance;

(v) to prevent crashes and reduce injuries and deaths resulting from crashes involving motor vehicles and motorcycles;

(vi) to reduce injuries and deaths resulting from crashes involving school buses;

(vii) to reduce crashes resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles);

(viii) to improve law enforcement services in motor vehicle crash prevention, traffic supervision, and post-crash procedures;

(ix) to increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities;

(x) to reduce crashes caused by driver misuse or misunderstanding of new vehicle technology;

(xi) to increase vehicle recall awareness;

(xii) to provide to the public information relating to the risks of child heatstroke death when left unattended in a motor vehicle after the motor is deactivated by the operator;

(xiii) to reduce injuries and deaths resulting from the failure by drivers of motor vehicles to move to another traffic lane or reduce the speed of the vehicle when law enforcement, fire service, emergency medical services, or other emergency or first responder vehicles are stopped or parked on or next to a roadway with emergency lights activated; and

(xiv) to prevent crashes, injuries, and deaths caused by unsecured vehicle loads;

(B) improve driver performance, including—

(i) driver education;

(ii) driver testing to determine proficiency to operate motor vehicles; and

(iii) driver examinations (physical, mental, and driver licensing);

(D) include provisions for—

(i) an effective record system of crashes (including resulting injuries and deaths);

(ii) crash investigations to determine the probable causes of crashes, injuries, and deaths;

(iii) vehicle registration, operation, and inspection; and

(iv) emergency services; and

(E) to the extent determined appropriate by the Secretary, are applicable to federally administered areas where a Federal department or agency controls the highways or supervises traffic operations.

(3)Additional considerations.—A State that has legalized medicinal or recreational marijuana shall take into consideration implementing programs in addition to the programs described in paragraph (2)(A)—

(A) to educate drivers regarding the risks associated with marijuana-impaired driving; and

(B) to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana.

(b)Administration of State Programs.—

(1)Administrative requirements.—The Secretary shall not approve a State highway safety program under this section which does not—

(A) provide that the Governor of the State shall be responsible for the administration of the program through a State highway safety agency which shall have adequate powers and be suitably equipped and organized to carry out, to the satisfaction of the Secretary, such program;

(B) provide for a comprehensive, data-driven traffic safety program that results from meaningful public participation and engagement from affected communities, particularly those most significantly impacted by traffic crashes resulting in injuries and fatalities;

(C) except as provided in paragraph (2), provide that at least 40 percent of all Federal funds apportioned under this section to the State for any fiscal year will be expended by the political subdivisions of the State, including Indian tribal governments, in carrying out local highway safety programs;

(D) provide adequate and reasonable access for the safe and convenient movement of individuals, including those with disabilities and those in wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State;

(E) as part of a comprehensive program, support—

(i) data-driven traffic safety enforcement programs that foster effective community collaboration to increase public safety; and

(ii) data collection and analysis to ensure transparency, identify disparities in traffic enforcement, and inform traffic enforcement policies, procedures, and activities; and

(F) provide satisfactory assurances that the State will implement activities in support of national highway safety goals to reduce motor vehicle related fatalities that also reflect the primary data-related crash factors within a State as identified by the State highway safety planning process, including—

(i) national, high-visibility law enforcement mobilizations coordinated by the Secretary;

(ii) sustained enforcement of statutes addressing impaired driving, occupant protection, and driving in excess of posted speed limits;

(iii) an annual statewide safety belt use survey in accordance with criteria established by the Secretary for the measurement of State safety belt use rates to ensure that the measurements are accurate and representative;

(iv) development of statewide data systems to provide timely and effective data analysis to support allocation of highway safety resources;

(v) ensuring that the State will coordinate its highway safety plan, data collection, and information systems with the State strategic highway safety plan (as defined in section 148(a)); and

(vi) unless the State highway safety program is developed by American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands, participation in the Fatality Analysis Reporting System.

(2)Waiver.—The Secretary may waive the requirement of paragraph (1)(C), in whole or in part, for a fiscal year for any State whenever the Secretary determines that there is an insufficient number of local highway safety programs to justify the expenditure in the State of such percentage of Federal funds during the fiscal year.

(c)Use of Funds.—

(1)Use for state activities.—

(A)In general.—The funds authorized to be appropriated to carry out this section shall be used to aid the States to conduct the highway safety programs approved in accordance with subsection (a), including development and implementation of manpower training programs, and of demonstration programs that the Secretary determines will contribute directly to the reduction of crashes, and deaths and injuries resulting therefrom.

(B)Neighboring states.—A State, acting in cooperation with any neighboring State, may use funds provided under this section for a highway safety program that may confer a benefit on the neighboring State.

(2)Apportionment to states.—

(A)Definition of public road.—In this paragraph, the term “public road” means any road that is—

(i) subject to the jurisdiction of, and maintained by, a public authority; and

(ii) held open to public travel.

(B)Apportionment.—

(i)In general.—Except for the amounts identified in section 403(f) and the amounts subject to subparagraph (C), of the funds made available under this section—(I) 75 percent shall be apportioned to each State based on the ratio that, as determined by the most recent decennial census—(aa) the population of the State; bears to(bb) the total population of all States; and(II) 25 percent shall be apportioned to each State based on the ratio that, subject to clause (ii)—(aa) the public road mileage in each State; bears to(bb) the total public road mileage in all States.

(ii)Calculation.—For purposes of clause (i)(II), public road mileage shall be—(I) determined as of the end of the calendar year preceding the year during which the funds are apportioned;(II) certified by the Governor of the State; and(III) subject to approval by the Secretary.

(C)Minimum apportionments.—The annual apportionment under this section to—

(i) each State shall be not less than ¾ of 1 percent of the total apportionment;

(ii) the Secretary of the Interior shall be not less than 2 percent of the total apportionment; and

(iii) the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall be not less than ¼ of 1 percent of the total apportionment.

(D)Penalty.—

(i)In general.—The funds apportioned under this section to a State that does not have approved or in effect a highway safety program described in subsection (a)(1) shall be reduced by an amount equal to not less than 20 percent of the amount that would otherwise be apportioned to the State under this section, until the date on which the Secretary, as applicable—(I) approves such a highway safety program; or(II) determines that the State is implementing such a program.

(ii)Factor for consideration.—In determining the amount of the reduction in funds apportioned to a State under this subparagraph, the Secretary shall take into consideration the gravity of the failure by the State to secure approval, or to implement, a highway safety program described in subsection (a)(1).

(E)Limitations.—

(i)In general.—A highway safety program approved by the Secretary shall not include any requirement that a State shall implement such a program by adopting or enforcing any law, rule, or regulation based on a guideline promulgated by the Secretary under this section requiring any motorcycle operator aged 18 years or older, or a motorcycle passenger aged 18 years or older, to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that State.

(ii)Effect of guidelines.—Nothing in this section requires a State highway safety program to require compliance with every uniform guideline, or with every element of every uniform guideline, in every State.

(3)Reapportionment.—

(A)In general.—The Secretary shall promptly apportion to a State any funds withheld from the State under paragraph (2)(D) if the Secretary makes an approval or determination, as applicable, described in that paragraph by not later than July 31 of the fiscal year for which the funds were withheld.

(B)Continuing state failure.—If the Secretary determines that a State fails to correct a failure to have approved or in effect a highway safety program described in subsection (a)(1) by the date described in subparagraph (A), the Secretary shall reapportion the funds withheld from that State under paragraph (2)(D) for the fiscal year to the other States in accordance with the formula described in paragraph (2)(B) by not later than the last day of the fiscal year.

(4)Automated traffic enforcement systems.—

(A)Automated traffic enforcement system defined.—In this paragraph, the term “automated traffic enforcement system” means any camera which captures an image of a vehicle for the purposes only of red light and speed enforcement, and does not include hand held radar and other devices operated by law enforcement officers to make an on-the-scene traffic stop, issue a traffic citation, or other enforcement action at the time of the violation.

(B)Prohibition.—A State may not expend funds apportioned to that State under this section to carry out a program to purchase, operate, or maintain an automated traffic enforcement system.

(C)Special rule for school and work zones.—Notwithstanding subparagraph (B), a State may expend funds apportioned to the State under this section to carry out a program to purchase, operate, or maintain an automated traffic enforcement system in a work zone or school zone.

(D)Automated traffic enforcement system guidelines.—An automated traffic enforcement system installed pursuant to subparagraph (C) shall comply with such guidelines applicable to speed enforcement camera systems and red light camera systems as are established by the Secretary.

(d) All provisions of chapter 1 of this title that are applicable to National Highway System highway funds other than provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, shall apply to the highway safety funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section, and except that the aggregate of all expenditures made during any fiscal year by a State and its political subdivisions (exclusive of Federal funds) for carrying out the State highway safety program (other than planning and administration) shall be available for the purpose of crediting such State during such fiscal year for the non-Federal share of the cost of any project under this section (other than one for planning or administration) without regard to whether such expenditures were actually made in connection with such project and except that, in the case of a local highway safety program carried out by an Indian tribe, if the Secretary is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of such program, he may increase the Federal share of the cost thereof payable under this Act to the extent necessary. In applying such provisions of chapter 1 in carrying out this section the term “State transportation department” as used in such provisions shall mean the Governor of a State for the purposes of this section.

(e) Uniform guidelines promulgated by the Secretary to carry out this section shall be developed in cooperation with the States, their political subdivisions, appropriate Federal departments and agencies, and such other public and private organizations as the Secretary deems appropriate.

(f) The Secretary may make arrangements with other Federal departments and agencies for assistance in the preparation of uniform guidelines for the highway safety programs contemplated by subsection (a) and in the administration of such programs. Such departments and agencies are directed to cooperate in such preparation and administration, on a reimbursable basis.

(g)Restriction.—Nothing in this section may be construed to authorize the appropriation or expenditure of funds for highway construction, maintenance, or design (other than design of safety features of highways to be incorporated into guidelines).

(h)Application in Indian Country.—

(1)Use of terms.—For the purpose of application of this section in Indian country, the terms “State” and “Governor of a State” include the Secretary of the Interior and the term “political subdivision of a State” includes an Indian tribe.

(2)Expenditures for local highway programs.—Notwithstanding subsection (b)(1)(C), 95 percent of the funds apportioned to the Secretary of the Interior under this section shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions.

(3)Access for individuals with disabilities.—The requirements of subsection (b)(1)(D) shall be applicable to Indian tribes, except to those tribes with respect to which the Secretary determines that application of such provisions would not be practicable.

(4)Indian country defined.—In this subsection, the term “Indian country” means—

(A) all land within the limits of any Indian reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent and including rights-of-way running through the reservation;

(B) all dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory thereof and whether within or without the limits of a State; and

(C) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.

(i)Rulemaking Proceeding.—The Secretary may periodically conduct a rulemaking process to identify highway safety programs that are highly effective in reducing motor vehicle crashes, injuries, and deaths. Any such rulemaking shall take into account the major role of the States in implementing such programs. When a rule promulgated in accordance with this section takes effect, States shall consider these highly effective programs when developing their highway safety programs.

(j)Law Enforcement Vehicular Pursuit Training.—A State shall actively encourage all relevant law enforcement agencies in such State to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are in effect on the date of enactment of this subsection or as revised and in effect after such date as determined by the Secretary.

(k)Triennial Highway Safety Plan.—

(1)In general.—For fiscal year 2024, and not less frequently than once every 3 fiscal years thereafter, the Secretary shall require each State, as a condition of the approval of the State’s highway safety program for the 3 fiscal years covered by the plan, to develop and submit to the Secretary for approval a triennial highway safety plan that complies with the requirements under this subsection.

(2)Timing.—Each State shall submit to the Secretary a triennial highway safety plan by not later than July 1 of the fiscal year preceding the first fiscal year covered by the plan.

(3)Electronic submission.—The Secretary, in coordination with the Governors Highway Safety Association, shall develop procedures to allow States to submit triennial highway safety plans under this subsection, including any attachments to the plans, in electronic form.

(4)Contents.—Each State triennial highway safety plan submitted under paragraph (1) shall include, with respect to the 3 fiscal years covered by the plan, based on the information available on the date of submission under paragraph (2)—

(A) performance measures required by the Secretary or otherwise necessary to support additional State safety goals, including—

(i) documentation of current safety levels for each performance measure;

(ii) quantifiable performance targets that demonstrate constant or improved performance for each performance measure; and

(iii) a justification for each performance target, that explains why each target is appropriate and evidence-based;

(B) a countermeasure strategy for programming funds under this section for projects that will allow the State to meet the performance targets described in subparagraph (A), including a description—

(i) that demonstrates the link between the effectiveness of each proposed countermeasure strategy and those performance targets; and

(ii) of the manner in which each countermeasure strategy is informed by uniform guidelines issued by the Secretary;

(D) a description of any Federal funds that the State plans to use, in addition to funds apportioned to the State under this section, to carry out the strategy described in subparagraph (B); and

(E) a report on the State’s success in meeting State safety goals and performance targets set forth in the most recently submitted highway safety plan.

(5)Performance measures.—The Secretary shall develop minimum performance measures under paragraph (4)(A) in consultation with the Governors Highway Safety Association.

(6)Review of triennial highway safety plans.—

(A)In general.—Except as provided in subparagraph (B), the Secretary shall review and approve or disapprove a triennial highway safety plan of a State by not later than 60 days after the date on which the plan is received by the Secretary.

(B)Additional information.—

(i)In general.—The Secretary may request a State to submit to the Secretary such additional information as the Secretary determines to be necessary for review of the triennial highway safety plan of the State.

(ii)Extension of deadline.—On providing to a State a request for additional information under clause (i), the Secretary may extend the deadline to approve or disapprove the triennial highway safety plan of the State under subparagraph (A) for not more than an additional 90 days, as the Secretary determines to be necessary to accommodate that request, subject to clause (iii).

(iii)Timing.—Any additional information requested under clause (i) shall be submitted to the Secretary by not later than 7 business days after the date of receipt by the State of the request.

(C)Approvals and disapprovals.—

(i)Approvals.—The Secretary shall approve a State’s triennial highway safety plan if the Secretary determines that—(I) the plan and the performance targets contained in the plan are evidence-based and supported by data; and(II) the plan, once implemented, will allow the State to meet the State’s performance targets.

(ii)Disapprovals.—The Secretary shall disapprove a State’s triennial highway safety plan if the Secretary determines that—(I) the plan and the performance targets contained in the plan are not evidence-based or supported by data; or(II) the plan does not provide for programming of funding in a manner sufficient to allow the State to meet the State’s performance targets.

(D)Actions upon disapproval.—If the Secretary disapproves a State’s triennial highway safety plan, the Secretary shall—

(i) inform the State of the reasons for such disapproval; and

(ii) require the State to resubmit the plan with any modifications that the Secretary determines to be necessary.

(E)Review of resubmitted plans.—If the Secretary requires a State to resubmit a triennial highway safety plan, with modifications, the Secretary shall review and approve or disapprove the modified plan not later than 30 days after the date on which the Secretary receives such plan.

(F)Public notice.—A State shall make the State’s triennial highway safety plan, and decisions of the Secretary concerning approval or disapproval of a revised plan, available to the public.

(l)Annual Grant Application and Reporting Requirements.—

(1)Annual grant application.—

(A)In general.—To be eligible to receive grant funds under this chapter for a fiscal year, each State shall submit to the Secretary an annual grant application that, as determined by the Secretary—

(i) demonstrates alignment with the approved triennial highway safety plan of the State; and

(ii) complies with the requirements under this subsection.

(B)Timing.—The deadline for submission of annual grant applications under this paragraph shall be determined by the Secretary in accordance with section 406(d)(2).

(C)Contents.—An annual grant application under this paragraph shall include, at a minimum—

(i) such updates, as necessary, to any analysis included in the triennial highway safety plan of the State;

(ii) an identification of each project and subrecipient to be funded by the State using the grants during the upcoming grant year, subject to the condition that the State shall separately submit, on a date other than the date of submission of the annual grant application, a description of any projects or subrecipients to be funded, as that information becomes available;

(iii) a description of the means by which the strategy of the State to use grant funds was adjusted and informed by the previous report of the State under paragraph (2); and

(iv) an application for any additional grants available to the State under this chapter.

(D)Review.—The Secretary shall review and approve or disapprove an annual grant application under this paragraph by not later than 60 days after the date of submission of the application.

(2)Reporting requirements.—Not later than 120 days after the end of each fiscal year for which a grant is provided to a State under this chapter, the State shall submit to the Secretary an annual report that includes—

(A) an assessment of the progress made by the State in achieving the performance targets identified in the triennial highway safety plan of the State, based on the most currently available Fatality Analysis Reporting System data; and

(B)

(i) a description of the extent to which progress made in achieving those performance targets is aligned with the triennial highway safety plan of the State; and

(ii) if applicable, any plans of the State to adjust a strategy for programming funds to achieve the performance targets.

(m)Teen Traffic Safety.—

(1)In general.—Subject to the requirements of the applicable triennial highway safety plan of the State, as approved by the Secretary under subsection (k), a State may use a portion of the amounts received under this section to implement statewide efforts to improve traffic safety for teen drivers.

(2)Use of funds.—Statewide efforts under paragraph (1)—

(A) shall include peer-to-peer education and prevention strategies in schools and communities designed to—

(i) increase safety belt use;

(ii) reduce speeding;

(iii) reduce impaired and distracted driving;

(iv) reduce underage drinking; and

(v) reduce other behaviors by teen drivers that lead to injuries and fatalities; and

(B) may include—

(i) working with student-led groups and school advisors to plan and implement teen traffic safety programs;

(ii) providing subgrants to schools throughout the State to support the establishment and expansion of student groups focused on teen traffic safety;

(iii) providing support, training, and technical assistance to establish and expand school and community safety programs for teen drivers;

(iv) creating statewide or regional websites to publicize and circulate information on teen safety programs;

(v) conducting outreach and providing educational resources for parents;

(vi) establishing State or regional advisory councils comprised of teen drivers to provide input and recommendations to the governor and the governor’s safety representative on issues related to the safety of teen drivers;

(vii) collaborating with law enforcement;

(viii) establishing partnerships and promoting coordination among community stakeholders, including public, not-for-profit, and for profit entities;

(ix) increase driver awareness of commercial motor vehicles to prevent crashes and reduce injuries and fatalities; and

(x) support for school-based driver’s education classes to improve teen knowledge about—(I) safe driving practices; and(II) State graduated driving license requirements, including behind-the-wheel training required to meet those requirements.

(n)Public Transparency.—

(1)In general.—The Secretary shall publicly release on a Department of Transportation website, by not later than 45 calendar days after the applicable date of availability—

(A) each triennial highway safety plan approved by the Secretary under subsection (k);

(B) each State performance target under subsection (k); and

(2)State highway safety plan website.—

(A)In general.—In carrying out paragraph (1), the Secretary shall establish a public website that is easily accessible, navigable, and searchable for the information required under that paragraph, in order to foster greater transparency in approved State highway safety programs.

(B)Contents.—The website established under subparagraph (A) shall—

(i) include the applicable triennial highway safety plan, and the annual report, of each State submitted to, and approved by, the Secretary under subsection (k); and

(ii) provide a means for the public to search the website for State highway safety program span required under subsection (k), including—(I) performance measures required by the Secretary;(II) progress made toward meeting the applicable performance targets during the preceding program year;(III) program areas and expenditures; and(IV) a description of any sources of funds, other than funds provided under this section, that the State proposes to use to carry out the triennial highway safety plan of the State.

(o)Unattended Passengers.—

(1)In general.—Each State shall use a portion of the amounts received by the State under this section to carry out a program to educate the public regarding the risks of leaving a child or unattended passenger in a vehicle after the vehicle motor is deactivated by the operator.

(2)Program placement.—Nothing in this subsection requires a State to carry out a program described in paragraph (1) through the State transportation or highway safety office.

(Added Pub. L. 89–564, title I, § 101, Sept. 9, 1966, 80 Stat. 731; amended Pub. L. 90–495, § 13, Aug. 23, 1968, 82 Stat. 822; Pub. L. 91–605, title II, §§ 202(c), (d), (e), 203(a), Dec. 31, 1970, 84 Stat. 1740, 1741; Pub. L. 93–87, title II, §§ 207, 215–217, 219, 228, 229, 231, Aug. 13, 1973, 87 Stat. 285, 290, 293, 294; Pub. L. 94–280, title II, §§ 204, 208(a), 211, 212, May 5, 1976, 90 Stat. 453, 454, 455; Pub. L. 95–599, title II, § 207(a), (b)(1), (c), (d), Nov. 6, 1978, 92 Stat. 2731, 2732; Pub. L. 97–35, title XI, § 1107(c)–(e), Aug. 13, 1981, 95 Stat. 626; Pub. L. 97–424, title II, § 208, Jan. 6, 1983, 96 Stat. 2140; Pub. L. 98–363, §§ 3(a), 5, July 17, 1984, 98 Stat. 436; Pub. L. 100–17, title I, § 133(b)(20), title II, § 206, Apr. 2, 1987, 101 Stat. 172, 221; Pub. L. 102–240, title II, § 2002, Dec. 18, 1991, 105 Stat. 2070; Pub. L. 104–66, title I, § 1121(d), Dec. 21, 1995, 109 Stat. 724; Pub. L. 105–178, title I, § 1212(a)(2)(A)(i), title II, § 2001(a)–(e), June 9, 1998, 112 Stat. 193, 323, 324; Pub. L. 109–59, title II, § 2002(a)–(d), Aug. 10, 2005, 119 Stat. 1521; Pub. L. 110–244, title III, § 303(a)–(c)(1), June 6, 2008, 122 Stat. 1619; Pub. L. 112–141, div. C, title I, § 31102, July 6, 2012, 126 Stat. 734; Pub. L. 114–94, div. A, title IV, §§ 4002, 4014(1), Dec. 4, 2015, 129 Stat. 1499, 1513; Pub. L. 115–420, § 5(a), Jan. 3, 2019, 132 Stat. 5445; Pub. L. 117–58, div. B, title IV, §§ 24102(a), 24222(b), Nov. 15, 2021, 135 Stat. 785, 835.)