Amendments to Highway Safety Program Guidelines |
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Rodney E. Slater and Howard M. Smolkin
National Highway Traffic Safety Administration and Federal Highway Administration
January 14, 1994
[Federal Register: January 14, 1994]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
Federal Highway Administration
23 CFR Part 1204
[NHTSA Docket No. 93-21; Notice 1]
RIN 2127-AE90
Amendments to Highway Safety Program Guidelines
AGENCY: National Highway Traffic Safety Administration (NHTSA) and
Federal Highway Administration (FHWA), Department of Transportation
(DOT).
ACTION: Request for comments.
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SUMMARY: Section 2002 of the Intermodal Surface Transportation
Efficiency Act of 1991 (ISTEA), Highway Safety Programs, requires that
the uniform guidelines for State Highway Safety Programs include six
critical programs. The existing 18 Highway Safety Program Guidelines
currently address four of the six programs identified in ISTEA, but do
not specifically address Speed Control or Occupant Protection. The
agencies therefore propose to amend the regulations by adopting
guidelines for these two programs. The agencies also propose to issue a
guideline on Roadway Safety, corresponding to the Roadway Safety
Priority Program Area.
In addition to three new guidelines, the agencies propose to revise
six of the existing 18 guidelines to reflect new issues and to
emphasize program methodology and approaches which have proven to be
especially successful in these program areas. The guidelines the
agencies propose to revise are as follows:
Guideline No. 3 Motorcycle Safety
Guideline No. 8 Alcohol in Relation to Highway Safety
Guideline No. 10 Traffic Records
Guideline No. 11 Emergency Medical Services
Guideline No. 14 Pedestrian Safety
Guideline No. 15 Police Traffic Services
The agencies believe that the proposed revisions will provide more
detailed guidance to the States.
DATES: Comments on this document must be received no later than
February 28, 1994.
ADDRESSES: Comments should reference the docket and notice numbers of
this document and be submitted (preferably in ten copies) to: Docket
Section, room 5109, U.S. Department of Transportation, 400 7th Street,
SW., Washington, DC 20590. Docket hours are from 9:30 a.m. to 4 p.m.
FOR FURTHER INFORMATION CONTACT: In NHTSA, Ms. Kathy DeMeter, Office of
Chief Counsel, National Highway Traffic Safety Administration, 400 7th
Street, SW., Washington, DC 20590; telephone: (202) 366-1834 or Ms.
Marlene Markison, Office of Regional Operations, National Highway
Traffic Safety Administration, 400 7th Street, SW., Washington, DC
20590; telephone: (202) 366-0166. In FHWA, Mr. Will Baccus, Office of
Chief Counsel, Federal Highway Administration; telephone: (202) 366-
0780 or Ms. Mila Plosky, Office of Highway Safety, FHWA; telephone:
(202) 366-6902.
SUPPLEMENTARY INFORMATION:
Background
Section 402 of the Highway Safety Act of 1966 directed the
Secretary of Transportation to promulgate uniform standards for State
highway safety programs, specified the subjects of several standards,
and required States to conform to these uniform standards or risk
losing portions of their Federal-aid highway funds. Between 1967 and
1972, the Secretary promulgated 18 Uniform Standards for State Highway
Safety Programs (published at 23 CFR part 1204).
Until 1976, the section 402 program was principally directed at
achieving State and local conformance with the 18 Highway Safety
Program Standards, which were considered mandatory requirements with
financial sanctions available for non-compliance. In 1976, Congress
provided for a more flexible implementation of the program so that the
Secretary would not have to require State compliance with every uniform
standard or with each element of every uniform standard. As a result,
the standards became guidelines for use by the States. Management of
the program shifted from one focused upon enforcing program standards
to one focused upon problem identification, countermeasure development
and evaluation, with the standards to be used as a framework for the
State programs. Few changes have been made in the guidelines since that
time.
Section 2002 of ISTEA, Highway Safety Programs, requires that the
uniform guidelines for State Highway Safety Programs include programs:
(1) To reduce injuries and deaths resulting from motor vehicles being
driven in excess of the posted speed limits; (2) to encourage the
proper use of occupant protection devices (including the use of safety
belts and child restraint systems) by occupants of motor vehicles and
to increase public awareness of the benefit of motor vehicles equipped
with airbags; (3) to reduce deaths and injuries resulting from persons
driving motor vehicles while impaired by alcohol or a controlled
substance; (4) to reduce deaths and injuries resulting from crashes
involving motor vehicles and motorcycles; (5) to reduce injuries and
deaths resulting from crashes involving school buses; and (6) to
improve law enforcement services in motor vehicle accident prevention,
traffic supervision, and post-accident procedures.
Four of the areas represented by these six guidelines (i.e.,
Impaired Driving, Occupant Protection, Motorcycle Safety, and Police
Traffic Services) have previously been identified as National Priority
Program Areas (under 23 CFR part 1205). Other Priority Areas include
Emergency Medical Services, Pedestrian/Bicycle Safety, Traffic Records,
and Roadway Safety. Although Speed Control and School Bus Safety are
not currently Priority Areas, the agencies are now engaged in another
rulemaking action and in a separate notice in today's Federal Register
are considering whether to amend 23 CFR part 1205 to include Speed
Control and/or School Buses as National Priority Program Areas.
Further, the Guideline for Pupil Transportation was revised in April of
1991 and needs no further revision at this time. In addition, section
4002 of ISTEA requires that State agencies which receive Motor Carrier
Safety Assistance Program (MCSAP) grants coordinate their respective
commercial motor vehicle (CMV) safety enforcement plans with the State
highway safety agency (49 CFR 350). FHWA administers the MCSAP.\1\
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\1\Under MCSAP, States conduct uniform inspections of commercial
motor vehicles at roadside sites and perform safety reviews of
carriers to check for compliance with safety and hazardous materials
regulations. Under the ISTEA, MCSAP was expanded to include
additional safety activities, such as traffic enforcement, impaired
driving initiatives, uniform truck and bus accident reporting,
vehicle weight enforcement, training for hazardous materials
enforcements, Commercial Drivers License (CDL) enforcement, research
and development, public education, and drug interdiction efforts.
Information on CMV inspections and crashes is collected by the
States and transmitted electronically to FHWA's mainframe through
the SAFETYNET system. Since all States have access to SAFETYNET,
information on the system can be valuable in identifying problems
and improving traffic safety. The agencies encourage States to
coordinate their section 402 plans and activities with MCSAP where
appropriate in order to maximize benefits to both programs.
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Proposed Addition of Three New Guidelines
The existing 18 Highway Safety Program Guidelines currently address
four of the six programs identified in ISTEA; they do not specifically
address Speed Control or Occupant Protection. Therefore, the agencies
propose to issue two new guidelines: Highway Safety Program Guideline
No. 19, Speed Control; and Highway Safety Program Guideline No. 20,
Occupant Protection. Though Speed Control has always been a component
of the Police Traffic Services Priority Area, it requires special
attention in light of the involvement of speed in many traffic crashes.
The agencies also intend to take this opportunity to propose issuance
of one additional guideline, which would be identified as Highway
Safety Program Guideline No. 21, Roadway Safety. The Roadway Safety
Guideline is a consolidation of the key aspects of various Guidelines
which relate to the roadway. The addition of these new guidelines will
result in a formal guideline corresponding to each of the current
National Priority Program Areas. Because the vast majority of all
highway safety projects funded under title 23 U.S.C. 402 are designed
to address one or more of these Priority Program Areas, the existence
of corresponding guidelines for each will be of great value to the
States and communities in the design and implementation of highway
safety programs.
Proposed Guideline #19: Speed Control
The issue of speed control has received considerable attention by
NHTSA. Over the course of the agency's history, NHTSA has funded and
promoted many programs and initiatives addressing the problem. Some
common conclusions from these programs and initiatives indicate that
higher speeds and speeds too fast for conditions (whether or not
travelling in excess of the speed limit) adversely affect the safety of
motorists.
Historically, Speed Control has not been separately identified as a
National Priority Program Area under 23 CFR part 1204. It has, however,
been an integral part of the Priority Program Area involving Police
Traffic Services, resulting in numerous programs at the State and local
levels. In addition, the FHWA, through the MCSAP, supports speed
control initiatives as part of an overall traffic enforcement program
aimed specifically at commercial motor vehicles. The agencies are
currently engaged in rulemaking to add Speed Control as a separate
National Priority Program Area. This proposed guideline is written to
assist States and communities in the design and implementation of
effective Speed Control Programs. The guideline sets forth
recommendations for the development and management of effective speed
control plans, visible public information and education efforts to gain
voluntary compliance, promotion of the use of new technology in the
enforcement of speed laws, the establishment of safe and reasonable
speed limits, and effective training for police officers involved in
speed control.
Proposed Guideline #20: Occupant Protection
When the original highway safety program standards were established
by NHTSA and FHWA, an occupant protection program was not among them.
Although lap and shoulder belts have been required for front outboard
positions and lap belts for all other seating positions in all
passenger cars sold in the U.S. after January 1, 1968, belt usage
remained very low through the 1970's. In 1970, under the Federal Motor
Carrier Safety Regulations, FHWA required drivers of commercial motor
vehicles in interstate commerce to use a safety belt if it was
installed in the vehicle. During the 1980's, States participating in
MCSAP adopted this requirement for commercial motor vehicle drivers in
intrastate commerce. During the 1970's, a national Highway Safety Needs
Study indicated that significant reductions in highway losses could be
achieved with increased public use of occupant protection devices.
NHTSA began to explore promotional activities to encourage the public
to buckle up.
In 1982, the agencies issued a final rule which identified six
National Priority Program Areas that were considered the most effective
in reducing highway deaths and injuries. Occupant Protection was
included as one of the six most effective programs.
Although the agencies never issued a highway safety program
standard or guideline, occupant protection has remained a National
Priority Program Area. Recognition of the importance of this program
increased substantially during the 1980's with evidence that safety
belts are effective in preventing death and serious injury in 40-50
percent of all crashes; passage or upgrading of child safety seat usage
laws in every State; passage of safety belt use laws in a majority of
States; major increases in funding at the Federal, State and local
levels; and significant increases in occupant protection use rates. The
agencies have conducted two subsequent rulemakings to review the
effectiveness of the Priority Program Areas. No comments have been
received from the public suggesting that the area of occupant
protection should be deleted from the list of National Priorities.
The life-saving benefits of occupant protection programs are now
widely recognized. The proposed Occupant Protection program guideline
has been prepared to provide current information on effective program
elements for States to use in producing and assessing their programs.
The proposed guideline reflects the experience of States in program
content and highlights state-of-the-art knowledge in highway safety
programs relating to occupant protection. The guideline sets forth
recommendations for effective management and evaluation of occupant
protection programs, legislative initiatives and employment policies
mandating use of occupant protection devices, strategic efforts to
enforce use laws and policies, public information efforts to reinforce
use laws or policies and to inform the public of enforcement efforts,
and education programs to promote occupant protection through various
organizations including health and medical groups, schools, and
employers throughout the State.
Proposed Guideline #21: Roadway Safety
When the original 18 standards were established under the Highway
Safety Act of 1966, FHWA was responsible for developing and
implementing programs relating to the roadway environment. Thus,
Standards 9, 12, 13, and the roadway-related aspects of Standard 14
(Pedestrian Safety) fell under FHWA's purview. In 1981, when FHWA and
NHTSA identified six highway safety program areas which were considered
the most effective, and thus designated National Priority Program
Areas, one of the six was FHWA's Safety Construction and Operational
Improvements.
In 1987, when the agencies reviewed the effectiveness of the
various programs and retained the six priority areas, the Safety
Construction and Operational Improvement Priority Program was changed
to ``Roadway Safety'' to encompass a wider breadth of safety activities
which are related to the driving environment. Roadway Safety involves
various highway safety activities which relate to safety aspects of the
roadway environment. Currently, many roadway safety-related activities
are described in three of the original Highway Safety Program
Guidelines:
Guideline #9 Identification and Surveillance of Accident Locations
Guideline #12 Highway Design, Construction and Maintenance
Guideline #13 Traffic Engineering Services
Further, there are additional roadway-related activities included in
the pedestrian and bicycle safety initiatives which are outlined in the
Pedestrian and Bicycle Guideline No. 14.
In order to more effectively organize and consolidate the roadway
safety components from each of these various guidelines, the agencies
propose to create a new guideline entitled ``Roadway Safety''. While
the four related guidelines will remain unchanged, the new Roadway
Safety Guideline highlights selected aspects from these four guidelines
which are recommended to be included in any State Roadway Safety
program.
The addition of these three new guidelines will ensure that
guidelines reflecting the current state-of-the-art are available for
each of the National Priority Program Areas listed at 23 CFR part 1205.
Proposed Revision of Six Existing Guidelines
Since the original program standards were issued in the early
1970's, much has changed in both technology and societal behavior which
affects the methodology and approach to solving highway safety
problems. When the standards were originally issued, there were no
State laws requiring safety belt or child safety seat use, there was
little public awareness about drunk driving, and highway safety was not
yet a matter of great public concern. Because the highway safety
environment has changed so dramatically during the past twenty years,
the agencies propose to update the guidelines to provide current
information on effective program content for States to use in producing
and assessing their traffic safety programs. Each of the proposed
revised guidelines reflects the experience of States in traffic safety
program content and highlights state-of-the-art knowledge in highway
safety. They provide a framework for producing and assessing a balanced
highway safety program and a tool with which States can assess the
effectiveness of their own programs.
The agencies propose to update only those guidelines which
correspond to the programs currently designated as Priority Areas. The
agencies strongly believe that focusing attention on the priority
programs has the greatest impact on highway safety. The revised
guidelines will emphasize these areas of national concern and highlight
the effective countermeasures which are available, while continuing to
permit States to receive funding for additional areas of local concern
when justified, and thus ensure that section 402 resources are being
allocated in the most effective manner.
Proposed Revision to Guideline No. 3--Motorcycle Safety
The elements of the present Motorcycle Safety Guideline No. 3
address the following safety issues: (1) Preventing or reducing the
severity of head injuries; (2) determining whether novice motorcyclists
have the basic skills; and (3) assuring that the vehicles have minimum
safety equipment and are adequately maintained.
The proposed new Motorcycle Safety Guideline No. 3 continues to
emphasize the importance of motorcyclists wearing helmets and places
great emphasis on improving the knowledge and skills of all motorcycle
operators through motorcycle rider education and training programs. The
guideline also strongly encourages states and communities to develop
comprehensive motorcycle safety programs that address (1) the effective
management of the program through a central or lead agency; (2) the
requirement for special licensing exams; (3) the influence of alcohol
and other drugs on motorcyclists; and (4) the issues of motorcycle
conspicuity and motorist awareness.
Proposed Revision to Guideline No. 8--Alcohol in Relation to Highway
Safety
The current Guideline No. 8 contains the elements which provide the
basic structure underlying the drinking and driving laws of the states.
These include the use of chemical tests, the establishment of a BAC
value (.10%) which is presumptive evidence of intoxication and the
enactment of laws establishing the ``implied consent'' of a motorist to
submit to a chemical test. The other components of the current
guideline relate to the collection of data on alcohol-related
fatalities, and the specifications and qualifications of chemical
testing equipment and personnel administering the tests. The primary
effort of the guideline was to establish some reasonable conformity
with a uniform legal basis for detecting and prosecuting drunk drivers.
Under the current guideline, the States follow a ``specific
deterrence'' approach designed to remove from the road those who had
been arrested for DWI. However, the majority of alcohol-related crashes
involve drivers with no previous DWI arrest; moreover, the majority of
intoxicated drivers on the road go undetected.
The proposed Guideline No. 8, entitled ``Impaired Driving'',
reflects a comprehensive, community-based approach with goals of (1)
preventing people from being killed and injured in the short-term
through general deterrence programs, and (2) permanently reducing the
number of drinking and drugged drivers through long-term prevention and
intervention measures.
Under the general deterrence approach, the objective is to increase
the perceived risk by the drinking driver that he or she will be caught
and convicted of DWI. The proposed guideline recommends states
establish a BAC value of .08% as the illegal per se level, at or above
which a drive is considered to be driving while intoxicated; implement
specific countermeasures designed to better equip and train police
officers in recognizing, tracking, and arresting impaired drivers;
enable prompt suspension of drivers licenses through streamlined
administrative procedures; result in punitive action such as fines,
community service, jail or the suspension of driving privileges; and
ensure the public is fully aware of the increased enforcement efforts.
Under the ``prevention and intervention'' approach, the guideline
recommends strategies which are aimed at permanently changing the
public's attitudes and behaviors concerning drinking and driving. These
include public information and education for students in schools and
colleges, for adults through programs in the workplace and for the
general population through programs in health care settings. Other
education efforts include promotion of designated driver programs,
responsible alcohol service efforts, citizen support and outreach
efforts, and the establishment of self-sufficient programs requiring
offenders to defray program costs.
The States should also be aware of and enforce alcohol and drug
requirements for CMV drivers. The FHWA established a BAC level of .04
percent as the threshold at which a CMV driver is considered to be
under the influence of alcohol and subject to disqualification from
driving ranging from one year to life. In addition, a CMV driver found
to have any measurable or detectable alcohol level in his or her system
while operating a CMV is prohibited from driving for 24 hours. FHWA
also requires motor carriers to have specific drug testing programs of
CMV drivers in place.
Proposed Revisions to Guideline No. 10--Traffic Records
The current Traffic Records Guideline is directed toward improving
the operational efficiency of record systems involving crash
statistics, driver licensing, vehicle registration, vehicle inspection,
traffic citations, roadway related data, EMS, and driver education. In
the past, however, the operational condition of many of these record
systems maintained by the States was insufficient to provide a reliable
total information base. The growth of the files as well as increased
processing costs caused administrators to seek methods of modernizing
the files and improving compatibility of related systems.
The proposed Guideline No. 10 recommends methods to establish
comprehensive traffic records systems to enable states to use data to
identify emerging traffic safety problems, develop appropriate
countermeasures, and evaluate program performance. The guideline
focuses attention on the need to link computer systems, establish
uniform data elements including CMV crash data and integrate data
elements where appropriate. In addition, the proposed guideline
suggests innovative driver licensing techniques that will effectively
identify problem drivers whose driver licenses have been suspended or
revoked in other states.
Proposed Revisions to Guideline No. 11--Emergency Medical Services
The current Emergency Medical Services (EMS) Guideline No. 11 is
based upon the philosophy that by improving pre-hospital emergency
medical services in general, the system will serve the highway-injured
patient better. The focus of programs under this guideline has been
upon those elements of emergency medical care which precede the
patient's arrival in a hospital emergency department. This includes
setting standards and requirements for qualified and trained personnel,
the types and number of ambulances and other emergency response
vehicles, communication systems and equipment, and coordination with
other components of the medical care system.
With the maturing of the nationwide EMS Program, the proposed EMS
Guideline No. 11 reflects a new emphasis and expanded focus for
emergency medical services. The proposed guideline recommends
improvements to the entire emergency medical services system for
highway-injured patients. The elements deemed most effective in
improving trauma care for the highway-injured patient include a common
phone number (e.g., 9-1-1) for quick public access, communication
between ambulances and hospitals, trained first responders and pre-
hospital personnel, adequate and appropriate transportation coverage,
highly trained in-hospital personnel at specialized trauma care
centers, pre-hospital and hospital coordination, and improved data on
trauma patients. The proposed guideline also recommends improved public
information, education and injury prevention efforts.
Proposed Revisions to Guideline No. 14--Pedestrian Safety
The current Pedestrian Guideline No. 14 does not address Bicycle
Safety Programs. The guideline was developed when Pedestrian Safety was
not a National Priority Program Area and before many countermeasures
were proven to be effective. The current guideline is narrowly focused
on single issue countermeasure activities which involved primarily the
inventory of the pedestrian problem; education, particularly aimed at
young school children; and engineering.
In a NHTSA/FHWA joint NPRM published in the Federal Register on May
3, 1991, the agencies stated that effective countermeasures have been
developed to address both Pedestrian and Bicycle safety problems and
specifically, concerns caused by an increase in the elderly population
and the growth in popularity of walking, jogging and bicycling. On
October 4, 1991, a Final Rule was issued making Pedestrian and Bicycle
Safety a National Priority program area.
The proposed Guideline No. 14 addresses both pedestrian and bicycle
safety and describes countermeasures that are comprehensive in nature,
involve a multi-disciplinary approach. These require the combined and
coordinated support of law enforcement, education, public health,
driver education and licensing, transportation engineering, and public
communications. In addition, the guideline provides for legislative and
regulatory solutions, outlines methods to enlist the support of
individuals and organizations outside the traditional highway safety
community, features innovative school-based practices, and highlights
traffic engineering components that promote pedestrian and bicycle
safety while reducing traffic congestion.
Proposed Revisions to Guideline No. 15--Police Traffic Services
The current Police Traffic Service Guideline No. 15 emphasizes the
use of police patrols to enforce traffic laws, improve traffic flow,
prevent crashes, aid the injured, document each crash, supervise
cleanup, and restore traffic flow. The guideline provides minimum
standards by which a police department can measure its quality in
traffic services, and suggests uniform training procedures, as well as
standardized records and reporting systems. The guideline also
addresses selective assignment of personnel and coordination with other
agencies and neighboring jurisdictions and recommends in-service
training for police personnel.
The proliferation of highway safety legislation in recent years,
such as tougher DWI laws, child restraint and seat belt use laws, and
commercial motor vehicle safety laws, combined with an increased demand
for other law enforcement services, has placed a strain on police
agencies during a time of reduced budgets, manpower and resources. The
proposed Guideline No. 15 assists law enforcement agencies by
addressing how to do more with less. Such efforts include developing
and participating in comprehensive programs; enlisting support of the
media, community leaders, business and volunteer/activist groups;
developing resource management plans; and training officers in state-
of-the-art enforcement curricula.
Other Guidelines Remain Unchanged
The following 12 guidelines currently contained in Sec. 1204 will
remain intact and unchanged by this proposal:
Guideline No. 1 Periodic Motor Vehicle Inspection
Guideline No. 2 Motor Vehicle Registration
Guideline No. 4 Driver Education
Guideline No. 5 Driver Licensing
Guideline No. 6 Codes and Laws
Guideline No. 7 Traffic Courts
Guideline No. 9 Identification and Surveillance of Accident
Locations
Guideline No. 12 Highway Design, Construction, and Maintenance
Guideline No. 13 Traffic Engineering Services
Guideline No. 16 Debris Hazard Control and Cleanup
Guideline No. 17 Pupil Transportation Safety (Rev. 4/91)
Guideline No. 18 Accident Investigation and Reporting
It should be noted that the guidelines are not binding on the
States. A State's decision not to adopt a portion of a guideline, for
example, would not entail penalties for the State. Nonetheless, the
agencies encourage the use of the recommendations contained in these
guidelines to optimize the effectiveness of highway safety programs
conducted at the State and local level.
Comments
Interested persons are invited to submit comments on this proposal.
It is requested but not required that 10 copies be submitted.
In order to expedite the submission of comments, copies of this
notice are being mailed to all Governors, Governors' Representatives
for Highway Safety, and State EMS Directors.
Comments should not exceed 15 pages in length. Necessary
attachments may be appended to these submissions without regard to the
15-page limit. This limitation is intended to encourage commenters to
detail their primary arguments in a concise fashion.
All comments received before the closing date indicated above will
be considered, and will be available for examination in the docket at
the above address both before and after that date. To the extent
possible, comments filed after the closing date will also be
considered. However, the revisions to these guidelines may proceed at
any time after that date. The agencies will continue to file relevant
material in the docket as it becomes available after the closing date,
and it is recommended that interested persons continue to examine the
docket for new material.
Those persons desiring to be notified upon receipt of their
comments in the docket should enclose, in the envelope with their
comments, a pre-addressed stamped postcard. Upon receiving the
comments, the docket supervisor will return the postcard by mail.
Economic and Other Effects
The agencies have considered the impacts that would be associated
with this proposed action, and determined that it is not significant
within the meaning of Executive Order 12866 or the Department of
Transportation Regulatory Policies and Procedures. The guidelines
contained in part 1204 are advisory, not mandatory. Accordingly, a full
regulatory evaluation is not necessary.
Since this matter relates to grants, the notice and comment
requirements established in the Administrative Procedure Act, 5 U.S.C.
553, are not applicable. Because the agencies are not required to
published a notice of proposed rulemaking regarding this rule, the
agencies are not required to analyze the effect of this rule on small
entities, in accordance with the Regulatory Flexibility Act. The
agencies have nonetheless evaluated the effects of this notice on small
entities. Based on the evaluation, I certify that this notice will not
have a significant economic impact on a substantial number of small
entities. Accordingly, the preparation of a Regulatory Flexibility
Analysis is unnecessary.
Environmental Impacts
The agencies have also analyzed this action for the purpose of the
National Environmental Policy Act. The agencies have determined that
this action will not have any effect on the human environment.
Federalism Assessment
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612 and it has been determined
that it has no federalism implication that warrants the preparation of
a federalism assessment.
List of Subjects in 23 CFR Part 1204
Grant programs, Highway safety.
In consideration of the foregoing, the agencies propose to amend 23
CFR part 1204 as follows:
PART 1204--[AMENDED]
1. The authority citation for part 1204 would continue to read as
follows:
Authority: 23 U.S.C. 402; delegations of authority at 49 CFR
1.48 and 1.50.
Sec. 1204.4 [Amended]
2. In Sec. 1204.4, the following items would be added to the list
of Highway Safety Program Guideline Numbers and Titles contained in the
first paragraph:
Sec. 1204.4 Highway Safety Program Guidelines.
* * * * *
19 Speed control.
20 Occupant protection.
21 Roadway safety.
3. In Sec. 1204.4 Guideline Nos. 3, 8, 10, 11, 14 and 15 would be
revised and Guideline Nos. 19, 20 and 21 would be added to read as
follows:
Sec. 1204.4 Highway Safety Program Guidelines.
* * * * *
Highway Safety Program Guideline
No. 3
Motorcycle Safety
Each State, in cooperation with its political subdivisions, should
have a comprehensive program to promote motorcycle safety. To be
effective in reducing the number of motorcycle crash deaths and
injuries, State programs should address the use of helmet and other
protective gear, proper licensing, impaired riding, rider training,
conspicuity, and motorist awareness. This Motorcycle Safety Program
Guideline will assist States and local communities in the development
and implementation of effective motorcycle safety programs.
I. Program Management
Each State should identify the nature and extent of its motorcycle
safety problems, establish goals and objectives for the State's
motorcycle safety program, and implement projects to reach the goals
and objectives. State motorcycle safety plans should:
Designate a lead agency for motorcycle safety;
Develop funding sources;
Collect and analyze data on motorcycle safety;
Identify the State's motorcycle safety problem areas;
Develop programs (with specific projects) to address problems;
Coordinate motorcycle projects with those for the general
motoring public; and
Integrate motorcycle safety into community traffic safety
programs.
II. Motorcycle Personal Protective Equipment
Each State should encourage motorcycle operators and passengers to
use the following protective equipment:
Motorcycle helmets (which should be required by law);
Proper clothing, including gloves, boots, long pants, and a
durable long-sleeved jacket; and
Eye (which should be required by law) and face protection.
Additionally, each passenger should be provided a seat and
footrest.
III. Motorcycle Operator Licensing
States should require every person who operates a motorcycle on
public roadways to pass an examination designed especially for
motorcycle operation and to hold a license endorsement specifically
authorizing motorcycle operation. Each State should have a motorcycle
licensing system that requires:
Motorcycle operator's manual;
Motorcycle license examination, including knowledge and skill
tests, and State licensing medical criteria;
License examiner training;
Motorcycle license endorsement;
Motorcycle license renewal requirements;
Learner's permit issued for a period of 90 days and only twice
per applicant; and
Penalties for violation of motorcycle licensing requirements.
IV. Motorcycle Rider Education and Training
Safe motorcycle operation requires specialized training by
qualified instructors. Each State should establish a State Motorcycle
Rider Education Program that provides for:
Source of program funding;
State organization to administer the program;
Use of Motorcycle Safety Foundation curriculum or equivalent
State-approved curriculum;
Reasonable availability of rider education courses for all
interested residents of legal riding age;
Instructor training and certification;
Incentives for successful course completion such as licensing
skills test exemption;
Quality control of the program;
Ability to purchase insurance for the program;
Permission to spend money in other motorcycle safety program
areas as deemed appropriate;
State guidelines for conduct of the program; and Program
evaluation.
V. Motorcycle Operation Under the Influence of Alcohol or Other Drugs
Each State should ensure that programs addressing drunk and drugged
driving include a focus on motorcycles. The following programs should
include an emphasis on impaired motorcyclists.
Community traffic safety programs;
Public information and education campaigns;
Youth impaired driving programs;
Law enforcement programs;
Judge and prosecutor training programs;
Anti-drunk and drugged driving organizations; and
College and school programs.
VI. Motorcycle Conspicuity and Motorist Awareness Programs
State motorcycle safety programs should emphasize the issues of
rider conspicuity and motorist awareness of motorcycles. These programs
should address:
Daytime use of motorcycle lights;
Brightly colored clothing and reflective materials for
motorcycle riders;
Lane positioning of motorcycles to increase vehicle visibility;
Reasons why motorists do not see motorcycles; and
Ways that other motorists can increase their awareness of
motorcyclists.
* * * * *
Highway Safety Program Guideline
No. 8
Impaired Driving
Each State, in cooperation with its political subdivisions, should
have a comprehensive program to combat impaired driving. This guideline
describes the areas that each State's program should address.
Throughout this guideline, ``impaired driving'' means operating any
motor vehicle while one's faculties are affected by alcohol or other
drugs, medications, or other substances. ``Impaired driving'' includes,
but is not limited to, impairment as defined in State statutes.
I. Prevention
Each State should have prevention programs to reduce impaired
driving through approaches commonly associated with public health--
altering social norms, changing risky or dangerous behaviors, and
creating protective environments. Prevention and public health programs
promote activities to educate the public on the effects of alcohol and
other drugs, limit alcohol and drug availability, and prevent those
impaired by alcohol and drugs from driving. Prevention programs are
typically carried out in schools, work sites, medical and health care
facilities, and community groups. Each State should implement a system
of impaired driving prevention activities and to work with the public
health community to foster health and reduce traffic-related injuries.
A. Public Information and Education for Prevention
States should develop and implement public information and
education (PI&E) programs directed at impaired driving. Programs should
start at the State level and extend to communities through State
assistance, model programs, and public encouragement. States should:
Have a statewide plan, program, and coordinator for all impaired
driving PI&E activities;
Develop their own PI&E campaigns and materials, either by
adapting materials from the Federal government or other States, or
by creating new campaigns and materials;
Encourage and support communities to implement awareness
programs at the local level;
Encourage businesses and private organizations to participate in
impaired driving PI&E campaigns; and
Encourage media to support impaired driving highway safety
issues by reporting on programs, activities (including enforcement
campaigns), alcohol-related arrests, and alcohol-related crashes.
B. School Programs
Student programs, including kindergarten through college and trade
school, play a critical role in preventing impaired driving. States
should:
Implement K-12 traffic safety education, with appropriate
emphasis on impaired driving, as part of a comprehensive health
education program;
Establish and support student safety clubs and activities and
create a statewide network linking these groups;
Establish liaisons with higher education institutions to
encourage policies to reduce alcohol, other drug, and traffic safety
problems on college campuses;
Promote alcohol- and drug-free events throughout the school
year, with particular emphasis on high-risk times such as prom,
spring break, and graduation;
Coordinate closely with anti-drug education efforts and
programs;
Develop working relationships with school health personnel as a
means of providing information to students about a variety of
traffic safety and health behaviors; and
Make effective use of criminal justice, medical, or other
professionals through presentations in the classroom or assembly
programs.
C. Employer Programs
States should provide information and technical assistance to all
employers, encouraging them to offer programs to reduce impaired
driving by employees and their families. These programs should include:
Model policies for impaired driving and other traffic safety
issues, including safety belt use and speeding;
Management training to recognize and address alcohol and drug
impairment;
Education and treatment programs for employees; and
Employee awareness activities.
States should especially encourage companies and businesses to
provide impaired driving programs to their youthful employees. The
States should also be familiar with FHWA's drug and alcohol
requirements for employers of CMV drivers.
D. Responsible Alcohol Service
States should promote responsible alcohol service policies and
practices in the retail alcohol service industry, including package
stores, restaurants, and taverns, through well-publicized and enforced
laws, regulations, and policies. States should:
Implement and enforce programs to eliminate the sale of
alcoholic beverages to those under 21 years of age;
Promote alcohol server and service programs, including
assessments, written policies, and training;
Ensure adequate alcohol control regulations dealing with issues
such as service to visibly intoxicated patrons, elimination of
``happy hours'', and availability of food and non-alcoholic
beverages;
Provide adequate resources (including budget, staff, and
training) to enforce alcohol beverage control regulations;
Promote the display of responsible alcohol use and drinking and
driving information in alcohol sales and service establishments;
Promote establishment participation in designated driver, safe
rides, and other alternative transportation programs; and
Provide that commercial establishments may be held responsible
for damages caused by any patron who was served alcohol when visibly
intoxicated.
E. Transportation Alternatives
States should promote alternative transportation programs that
enable impaired drinkers to reach their destinations without driving.
Alternative transportation programs include:
Designated drivers; and
Safe rides.
II. Deterrence
Each State should have a deterrence program to reduce impaired
driving through activities to create the maximum possible perception of
detection, arrest and punishment among persons who might be tempted to
drive under the influence of alcohol or other drugs, including CMV
drivers. Close coordination with law enforcement agencies on the
municipal, county, and State levels is needed to create and sustain the
perceived risk of being detected and arrested. Specialized traffic
enforcement efforts, such as MCSAP, also serve as a core element in the
detection of impaired drivers. Equally close coordination with courts
and the motor vehicle licensing and registration agency is needed to
enhance the fear of punishment. Effective use of all available media is
essential to create and maintain a strong public awareness of impaired
driving enforcement and sanctions.
Each State should implement a system of activities to deter
impaired driving. The deterrence system should include legislation,
public information and education, enforcement, prosecution,
adjudication, criminal sanctions, driver licensing, and vehicle
registration activities. The goal should be to increase the perception
and probability of arrest for violators and the imposition of swift and
sure sanctions.
A. Laws To Deter Impaired Driving
States should enact laws that define and prohibit impaired driving
in broad and readily enforceable terms, facilitates the acquisition of
evidence against impaired drivers, and permit a broad range of
administrative and judicial penalties and actions. These laws should:
Define impaired driving offenses--
Establish .08 Blood Alcohol Concentration (BAC) as the blood
alcohol level at or above which it is illegal to operate a motor
vehicle (``illegal per se'');
Establish .04 BAC as the illegal per se blood alcohol level for
commercial truck and bus operators, as provided by commercial driver
license regulations;
Establish that it is illegal per se for persons under the age of
21 (the legal drinking age) to drive with any measurable amount of
alcohol in their blood, breath, or urine;
Establish that driving under the influence of other drugs
(whether illegal, prescription, or over-the-counter) is unlawful and
is treated similarly to driving under the influence of alcohol;
Establish vehicular homicide or causing personal injury while
under the influence of alcohol as a separate offense; and
Prohibit open alcohol containers and consumption of alcohol in
motor vehicles.
Provide for effective enforcement of these laws--
Authorize police to conduct checkpoints, in which vehicles are
stopped on a nondiscriminatory basis to determine whether or not the
operators are driving under the influence of alcohol or drugs;
Authorize police to use a preliminary breath test for a vehicle
operator stopped for a suspected impaired driving offense;
Authorize police to test for impairing drugs other than alcohol;
Include implied consent provisions that permit the use of
chemical tests and that allow the arresting officer to require more
than one test of a vehicle operator stopped for a suspected impaired
driving offense;
Require prompt and certain license revocation or suspension for
persons who refuse to take a chemical test to determine whether they
were driving while intoxicated (``implied consent''); and
Require mandatory blood alcohol concentration testing whenever a
law enforcement officer has probable cause to believe that a driver
has committed an alcohol-related offense.
Provide effective penalties for these offenses--
Require prompt and certain administrative license revocation or
suspension of at least 90 days for persons determined by chemical
test to violate the State's BAC limit;
Provide for increasingly more severe penalties for repeat
offenders, including lengthy license revocation, substantial
criminal fines, jail, and/or impoundment or confiscation of license
plates or vehicles registered by the offender;
Provide for more stringent criminal penalties for those
convicted of more serious offenses, such as vehicular homicide;
Contain special provisions for youth under the age of 21 that
mandate driver's license suspension for any violations of laws
regarding the use or possession of alcohol or other drugs; and
Establish victim assistance and victim restitution programs and
require the use of a victim impact statement prior to sentencing in
all Driving While Intoxicated (DWI) cases where death or serious
injury occurred.
B. Public Information and Education for Deterrence
States should implement public information and education (PI&E)
programs to maximize public perception of the risks of being caught and
punished for impaired driving. Public information programs should be:
Comprehensive;
Seasonally focused; and
Sustained.
C. Enforcement
States should implement comprehensive enforcement programs to
maximize the likelihood of detecting, investigating, arresting, and
convicting impaired drivers. These programs should:
Secure a commitment to rigorous DWI enforcement from the top
levels of police management and State and local government;
Provide state-of-the-art training for police officers, including
Standardized Field Sobriety Testing (SFST) and Drug Evaluation and
Classification (DEC);
Provide adequate equipment and facilities, including preliminary
and evidentiary breath test equipment;
Deploy patrol resources effectively, using cooperative efforts
of various State and local police agencies as appropriate;
Maximize the likelihood of violator-officer contact;
Make regular use of sobriety checkpoints;
Facilitate the arrest process;
Implement state-of-the-art post-arrest investigation of
apprehended impaired drivers;
Emphasize enforcement of youth impaired driving and drinking age
laws; and
Emphasize enforcement of laws regulating alcohol or drug
impairment by CMV drivers.
D. Prosecution
States should implement a comprehensive program for visible and
aggressive prosecution of impaired driving cases. These programs
should:
Give DWI cases high priority for prosecution;
Provide sufficient resources to prosecute cases presented by law
enforcement efforts;
Facilitate uniformity and consistency in prosecution of impaired
driving cases;
Provide training for prosecutors so they can obtain high rates
of conviction and seek appropriate sanctions for offenders;
Prohibit plea bargaining in DWI cases, through appropriate
legislation;
Encourage vigorous prosecution of alcohol-related fatality and
injury cases under both DWI and general criminal statutes; and
Ensure that prosecutors are knowledgeable and prepared to
prosecute youthful offenders appropriately.
E. Adjudication
The effectiveness of prosecution and enforcement efforts is lost
without support and strength in adjudication. States should implement a
comprehensive impaired driving adjudication program to:
Provide sufficient resources to adjudicate cases and manage the
dockets brought before them;
Facilitate uniformity and consistency in adjudication of
impaired driving cases;
Give judges the skills necessary to appropriately adjudicate
impaired driving cases;
Provide similar training to administrative hearing officers who
hear administrative license revocation appeals;
Inform the judiciary about technical evidence presented in
impaired driving cases, including SFST and DEC testimony;
Educate the judiciary in appropriate and aggressive sanctions
for offenders including violators of commercial motor vehicle safety
regulations; and
Ensure that judges are knowledgeable and prepared to adjudicate
youthful offenders in an appropriate and aggressive manner.
F. Licensing
Driver licensing actions can be an effective means for preventing,
deterring, and monitoring impaired driving. In addition to the license
sanctions for impaired driving offenses discussed earlier, States
should:
Issue provisional licenses to novice drivers;
Provide for license suspension for driver under age 21 who
drives with a BAC exceeding .02 (or some other low value);
Issue distinctive licenses to drivers under the age of 21;
Monitor licensing records to identify high risk drivers for
referral to education or remediation programs;
Ensure the accurate and timely reporting of alcohol and drug
violations as proscribed by the Commercial Drivers License (CDL)
regulations;
Assure that all licensing records are used to help assess
whether a driver requires alcohol or drug treatment; and
Actively participate in the Driver License Compact to facilitate
the exchange of driver license information between jurisdictions.
III. Treatment and Rehabilitation
Many first-time impaired driving offenders and most repeat
offenders have substantial substance abuse problems that affect their
entire lives, not just their driving. They have been neither prevented
nor deterred from impaired driving. Each State should implement a
system to identify and refer these drivers to appropriate substance
abuse treatment programs to change their dangerous behavior.
A. Diagnosis and Screening
States should have a systematic program to evaluate persons who
have been convicted of an impaired driving offense to determine if they
have an alcohol or drug abuse problem. This evaluation should:
Be required by law;
Be conducted by qualified personnel prior to sentencing; and
Be used to decide whether a substance abuse treatment program
should be part of the sanctions imposed.
B. Treatment and Rehabilitation
States should establish and maintain programs to treat alcohol and
other drug dependent persons referred through traffic courts and other
sources. These programs should:
Ensure that those referred for impaired driving offenses are not
permitted to drive again until their substance abuse problems are
under control;
Be conducted in addition to, not as a substitute for, license
restrictions and other sanctions; and
Be conducted separately for youth.
IV. Program Management
Good program management produces effective programs. Planning and
coordination are especially important for impaired driving activities,
since many different parties are involved. Each State's impaired
driving program management system should have an established process
for managing its planning (including problem identification), program
control, and evaluation activities. The system should provide for
community traffic safety programs (CTSPs), State and local task forces,
data analysis, and funding. It also should include planning and
coordination of activities with other agencies involved in impaired
driving programs, such as MCSAP.
A. State Program Planning
States should develop and implement an overall plan for all
impaired driving activities. The plan should:
Be based on careful problem definition that makes use of crash
and driver record data; and
Direct State and community resources toward effective measures
that address the State's impaired driving issues.
B. Program Control
States should establish procedures to ensure that program
activities are implemented as intended. The procedures should provide
for systematic monitoring and review of ongoing programs to:
Detect and correct problems quickly;
Measure progress in achieving established goals and objectives;
and
Ensure that appropriate data are collected for evaluation.
C. State and Local Task Forces and Community Traffic Safety Programs
States should encourage the development of State and community
impaired driving task forces and community traffic safety programs.
States should:
Use these groups to bring a wide variety of interests and
resources to bear on impaired driving issues; and
Ensure that Federal, State, and local organizations coordinate
impaired driving activities, so that the activities complement
rather than compete with each other.
D. Data and Records
States should establish and maintain records systems for accidents,
arrests, dispositions, driver licenses, and vehicle registrations.
Especially important are tracking systems which can provide information
on every driver arrested for DWI to determine the disposition of the
case and compliance with sanctions. These records systems should be:
Accurate;
Timely;
Able to be linked to each other; and
Readily accessible to police, courts, and planners.
E. Evaluation
States should evaluate all impaired driving system activities
regularly to ensure that programs are effective and scarce resources
are allocated appropriately. Evaluation should be:
Included in initial program planning to ensure that appropriate
data are available and that adequate resources are allocated;
Designed to use available traffic records systems effectively;
and
Conducted regularly.
Evaluation results should be:
Reported regularly to project and program managers; and
Used to guide further program activities.
F. Funding
States should allocate funding to impaired driving programs that
is:
Adequate for program needs;
Steady--from dedicated sources; and
To the extent possible, paid by the impaired drivers themselves.
The programs should work toward being self-sufficient.
* * * * *
Highway Safety Program Guideline
No. 10
Traffic Records
Each State, in cooperation with its political subdivisions, should
establish and implement a complete traffic records program. The
Statewide program should include, or provide for, data for the entire
State. A complete traffic records program is necessary for planning
(problem identification), operational management or control, and
evaluation of a State's highway safety activities. This type of program
is basic to identifying highway safety problems, tracking safety
trends, and implementing highway safety countermeasures. It is the key
ingredient to safety effectiveness and management.
I. Traffic Records System
To provide a complete and useful records system for safety program
management at both the State and local level, the State should have a
data base consisting of the following:
An Accident File with data on the time, environment, and
circumstances of a crash; identification of the vehicles, drivers,
cyclists, occupants, and pedestrians involved; and documentation of
crash consequences (fatalities, injuries, property damage and
violations charged) with the data tied to a location reference
system;
A Driver File or driver history record of licensed drivers in
the State, with data on personal identification and driver license
number, type of license, license status (suspended or revoked),
driver restrictions, driver convictions for traffic violations,
crash history, driver control or improvement actions, and safety
education data;
A Vehicle File with information on identification, ownership and
taxation, and vehicle inspection (where applicable);
A Roadway File with information about roadway location,
identification, and classification as well as a description of a
road's total physical characteristics, which is tied to a location
reference system. This file should also contain data for normalizing
purposes, such as miles of roadway and average daily traffic (ADT);
A Commercial Motor Vehicle Crash File which uses uniform data
definitions and collects information on the vehicle configuration,
cargo body type, hazardous materials, information to identify the
motor carrier, as well as information on the crash.
A Citation/Conviction File which identifies the type of citation
and the time, date, and location of the violation; the violator,
vehicle and the enforcement agency; and adjudication action and
results, including court of jurisdiction (an Enforcement/Citation
File could be maintained separate from a Judicial/Conviction File)
and fines assessed and collected;
An Emergency Medical Services (EMS) file with emergency care and
victim outcome information about ambulance responses to crashes,
e.g., emergency care unit, care given, injury data, and times of EMS
notification and arrival; information on emergency facility and
hospital care, including Trauma Registry data; and medical outcome
data relative to crash victims receiving rehabilitation and for
those who died as the result of the crash, and
Provisions for file linkage through common data elements between
the files or through other consistent means; performance level data
as part of the traffic records system; demographic data to normalize
or adjust for exposure when analyzing the various data in the files;
and provisions for the use of cost data relative to amounts spent on
countermeasure programs and the costs of fatalities, injuries and
property damage.
II. Data Characteristics
Traffic records programs should meet basic requirements for the
most effective use of the data by program managers. Accordingly, each
State should emphasize the following characteristics:
An accurate identification of the crash location;
Timely and accurate data collection and input to all files, and
especially to the Accident and Driver Files, to assure maximum
utilization and confidence in the traffic records system. Each state
is encouraged to join and fully participate in the driver license
compact to ensure that complete data is available from other states;
Data uniformity, providing for uniform coding and definition of
data elements to allow a State to compare its crash problems to
other States, regions and the nation; and the use of uniform coding
of violations and convictions for the efficient exchange of driver
information between States;
Data consistency within a State over time to provide for multi-
year analysis of data to detect trends and for identification of
emerging problems, as well as to determine beneficial effects of
highway safety programs; and
Timely and complete data output to ensure that highway safety
program managers will have records that are accessible,
understandable, and effective.
III. Use of Traffic Records
The measure of a good records system is the degree to which it is
used by those it was designed to serve. Each State should establish a
process for the effective use of traffic records by highway safety
management, including the following:
A management process which addresses the role or use of traffic
records data in planning (including problem identification), program
control, and evaluation;
A problem identification strategy that specifies the necessary
data, assures that accurate and timely data are available, defines
the analyses conducted (including the variables used, statistical
tests applied, and trends examined), and describes how results are
reported and used;
Presentation of analysis results so that they are clearly
understood and usable by managers, including the use of problem
reports which describe the magnitude of the problems, and
appropriate graphs, tables and charts to support the conclusions
reached; and
Provisions for program evaluation, beginning at the planning
stage and carrying through implementation and final evaluation,
essentially using the same types of data that were used in
developing the programs implemented.
IV. Managing Traffic Records
Each State should have an organizational structure in place for
effective administration of its traffic records program, at a minimum
consisting of the following components:
A permanent Traffic Records Committee, representing the
principal users and custodians of the data in the State, that
provides administrative and technical guidance. The Committee should
be responsible for adopting requirements for file structure and
linkage, assessing capabilities and resources, establishing goals
for improving the traffic records program, evaluating the program,
continuously developing cooperation and support from State and local
agencies as well as the private sector, and ensuring that high
quality and timely data are available to authorized persons or
agencies for appropriate use;
A single state agency with responsibility for coordinating the
traffic safety-related data aspects of the various State information
systems. This would include ensuring that the necessary data were
available for use in safety and analyses; and
Professional staff with analytical expertise to perform data
analysis for program planning and evaluation, including a basic
understanding of data processing as it relates to the use of
personal computers (PCs) and the ability to use PC software
application packages to perform problem identification and program
evaluation tasks.
Highway Safety Program Guideline
No. 11
Emergency Medical Services
Each State, in cooperation with its political subdivisions, should
ensure that persons incurring traffic injuries (or other trauma)
receive prompt emergency medical care under the range of emergency
conditions encountered. Each of the component parts of a system should
be equally committed to its role in the system and ultimately to the
care of the patient. At a minimum, the EMS program should be made up of
the components detailed in this chapter.
I. Regulation and Policy
Each State should embody comprehensive enabling legislation,
regulations, and operational policies and procedures to provide an
effective system of emergency medical and trauma care. This legal
framework should:
Establish the program and designate a lead agency;
Outline the lead agency's basic responsibilities, including
licensure and certification;
Require comprehensive planning and coordination;
Designate EMS and trauma system funding sources;
Require data collection and evaluation; and
Provide authority to establish minimum standards and identify
penalties for noncompliance.
Each of these components, which are discussed in different sections
of this guideline, are critical to the effectiveness of legislation
that is the legal foundation for a statewide EMS system.
II. Resource Management
Each State should establish a central lead agency at the State
level to identify, categorize, and coordinate resources necessary for
overall system implementation and operation. The lead agency should:
Maintain a coordinated response and ensure that resources are
used appropriately throughout the State;
Provide equal access to basic emergency care for all victims of
medical or traumatic emergencies;
Provide adequate triage and transport of all victims by
appropriately certified personnel (at a minimum, trained to the
emergency medical technician [EMT] basic level) in properly
licensed, equipped, and maintained ambulances;
Provide transport to a facility that is appropriately equipped,
staffed, and ready to administer to the needs of the patient
(section 4: Transportation); and,
Appoint an advisory council to provide a forum for cooperative
action and maximum use of resources.
III. Human Resources and Training
Each State should ensure that its EMS system has essential trained
human resources to perform required tasks. These personnel include:
first responders (e.g., police and fire), prehospital providers (e.g.,
emergency medical technicians and paramedics), communications
specialists, physicians, nurses, hospital administrators, and planners.
Each State should provide a comprehensive statewide plan for stable
and consistent EMS training programs with effective local and regional
support. The State agency should:
Ensure sufficient availability of adequately trained EMS
personnel;
Establish EMT-Basic as the state minimum level of training for
all transporting EMS personnel;
Routinely monitor training programs to ensure uniformity and
quality control;
Use standardized curricula throughout the State;
Ensure availability of continuing education programs;
Require instructors to meet State requirements;
Develop and enforce certification criteria for first responders
and prehospital providers; and
Require EMS operating organizations to collect data to evaluate
emergency care in terms of frequency, category, and severity as well
as the use of appropriate knowledge and skills.
IV. Transportation
Each State should require safe, reliable ambulance transportation,
which is critical to an effective EMS system. States should:
Develop statewide transportation plans, including the
identification of specific service areas;
Implement regulations that provide for the systematic delivery
of patients to appropriate facilities;
Develop routine, standardized methods for inspection and
licensing of all emergency medical transport vehicles;
Establish a minimum number of providers at the desired level of
certification on each response;
Coordinate all emergency transports within the EMS system,
including public, private, or specialty (air and ground) transport;
and
Develop regulations to ensure ambulance drivers are properly
trained and licensed.
V. Facilities
It is imperative that the seriously injured patient be delivered in
a timely manner to the closest appropriate facility. Each State should
ensure that:
Both stabilization and definitive care needs of the patient are
considered;
The determination is free of political considerations and the
capabilities of the facilities are clearly understood by prehospital
personnel;
Hospital resources capabilities are known in advance, so that
appropriate primary and secondary transport decisions can be made;
and
Agreements are made between facilities to ensure that patients
receive treatment at the closest, most appropriate facility,
including facilities in other states or counties.
VI. Communications
An effective communications system is essential to EMS operations
and provides the means by which emergency resources can be accessed,
mobilized, managed, and coordinated. Each State should require a
communication system to:
Begin with a universal system access number, such as 911;
Provide for prioritized dispatch (dispatch-to-ambulance,
ambulance-to-ambulance, ambulance-to-hospital, and hospital-to-
hospital communication);
Ensure the receiving facility is ready and able to accept the
patient; and
Provide for dispatcher training and certification standards.
Each State should develop a statewide communications plan that
defines State government roles in EMS system communications.
VII. Trauma Systems
Each State should maintain a fully functional trauma system to
provide a high quality, effective patient care system. States should
implement legislation requiring the development of a trauma system,
including:
Trauma center designation, using American College of Surgeons
Committee on Trauma guidelines as a minimum;
Triage and transfer standards for trauma patients;
Data collection and trauma registry definitions for quality
assurance;
Mandatory autopsies to determine preventable deaths; and
Systems management and quality assurance.
VIII. Public Information and Education
Public awareness and education about the EMS system are essential
to a high quality system. Each State should implement a public
information and education (PI&E) plan to address:
The components and capabilities of an EMS system;
The public's role in the system;
The public's ability to access the system;
What to do in an emergency (e.g., bystander care training);
Education on prevention issues (e.g., alcohol or other drugs,
occupant protection, speeding, motorcycle and bicycle safety); and
The need for dedicated staff and resources for PI&E programming.
IX. Medical Direction
Physician involvement in all aspects of the patient care system is
critical for effective EMS operations. EMS is a medical care system in
which physicians delegate responsibilities to non-physician providers
who manage patient care outside the traditional confines of the office
or hospital. States should require physicians to be involved in all
aspects of the patient care system, including:
Planning and protocols;
On-line and off-line medical direction and consultation; and
Audit and evaluation of patient care.
X. Evaluation
Each State should implement a comprehensive evaluation program to
effectively assess and improve a statewide EMS system. EMS system
managers should:
Evaluate the effectiveness of services provided to victims of
medical or trauma-related emergencies;
Define the impact of patient care on the system;
Evaluate resource utilization, scope of service, patient
outcome, and effectiveness of operational policies, procedures, and
protocols; and
Develop a data-gathering mechanism that provides for the linkage
of data from different data sources through the use of common data
elements.
* * * * *
Highway Safety Program Guideline
No. 14
Pedestrian and Bicycle Safety
Each State, in cooperation with its political subdivisions, should
have a comprehensive pedestrian and bicycle safety program that
educates and motivates its citizens to follow safe pedestrian and
bicycle practices. A combination of legislation, regulations, policy,
enforcement, public information, education, incentives, and engineering
is necessary to achieve significant, lasting improvements in pedestrian
and bicycle crash rates.
Each State should recognize that its pedestrians and bicyclists--
citizens of all ages who are virtually unprotected from the forces of a
crash, face major safety problems and are a valid traffic safety
concern. Because of the diverse nature of these issues, education,
enforcement, and engineering are critical components to any strategies
devised to reduce these problems. In formulating policy, the State
should promote these specific issues:
The provision of early pedestrian and bicycle safety education
and training for preschool children;
The inclusion of pedestrian and bicyclist safety in health and
safety education curricula;
The inclusion of pedestrian and bicyclist safety in driver
training programs and driver licensing activities;
The provision of a safe environment for pedestrians and
bicyclists through such measures as sidewalks and bicycle
facilities, in the planning and design of all highway projects;
The use of bicycle helmets as a primary measure to reduce death
and injury among bicyclists;
An awareness of the role of alcohol in adult pedestrian
accidents;
The safeguarding of older citizens from pedestrian accidents;
and,
The establishment and support of Community/Corridor Traffic
Safety Programs at the local level.
A comprehensive highway safety system is the most effective means
of producing consistent, long-term changes in knowledge and behavior
necessary to improve pedestrian and bicycle safety. The following
components create a structure for identifying problem areas;
implementing, measuring, and evaluating the problem areas; and
directing the results back into system improvements. We believe these
elements will effectively address the problem.
I. Program Management
Each State should have centralized program planning, initiation,
and coordination to promote pedestrian and bicycle safety program
issues as part of a comprehensive highway safety program. Evaluation is
also important for determining progress and ultimate success of
pedestrian and bicycle safety programs and for providing those results
to revise existing programs and to develop new programs. The State
should have program staff trained in pedestrian and bicyclist safety so
that this program can:
Conduct regular problem identification activities to identify
fatality and injury crash trends for pedestrians and bicyclists and
to provide guidance in development of countermeasures,
Provide leadership, training, and technical assistance to other
State agencies and local pedestrian and bicycle safety programs and
projects;
Convene a pedestrian and bicycle safety advisory task force or
coalition to organize, integrate with other involved groups, and
generate broad-based support for programs;
Integrate pedestrian and bicycle safety programs into Community/
Corridor Traffic Safety Programs, injury prevention programs, and
transportation plans; and
Evaluate the effectiveness of its pedestrian and bicycle safety
program.
II. Multi-Disciplinary Involvement
Pedestrian and bicyclist safety goes beyond the confines of any
single State or local agency (enforcement or education) and requires
the combined support and coordinated attention of multiple agencies,
representing a variety of disciplines, at the State and local level. At
a minimum, the following kinds of agencies should be involved:
Law Enforcement
Education
Public Health
Driver Education and Licensing
Transportation--Engineering, Planning
Public Communications
III. Legislation and Regulations
Each State should enact and enforce pedestrian and bicyclist-
related traffic laws and regulations. Specific policies should be
developed to encourage coordination with the Federal Highway
Administration (FHWA) and other agencies, in the development of
regulations and laws to promote pedestrian and bicyclist safety.
IV. Law Enforcement
Each State should ensure that State and community pedestrian and
bicycle programs include a law enforcement component. Each State should
strongly emphasize the role played by law enforcement personnel in
pedestrian and bicyclist safety. Essential components of that role
include:
Developing knowledge of pedestrian and bicyclist crash
situations; investigating crashes; and maintaining a report system
that supports problem identification and evaluation activities;
Providing public information and education support;
Providing training to law enforcement personnel in matters of
pedestrian and bicycle safety;
Establishing agency policies; and
Coordinating with the supporting education and engineering
components.
V. Traffic Engineering
Traffic engineering is a critical element of any crash reduction
program. This is true not only for the development of programs to
reduce an existing crash problem, but also to design transportation
facilities that provide for the safe movement of pedestrians,
bicyclists, and all motor vehicles. Balancing the needs of pedestrians
and those of vehicular traffic (including bicycle) must always be
considered. Therefore, each State should ensure that State and
community pedestrian and bicycle programs include a traffic engineering
component. Traffic engineering efforts should be coordinated with
enforcement and educational efforts. This effort should improve the
protection of pedestrians and bicyclists by application of appropriate
traffic engineering measures in design, construction, operation, and
maintenance. These measures should include but not be limited to the
following:
Pedestrians signals, signs, and markings
Parking regulations
Sidewalk design
Pedestrian pathways
Bicycle routes and pathways
VI. Public Information and Education
Each State should ensure that State and community pedestrian and
bicycle programs contain a public information and education component.
This component should address school-based education programs,
coordination with traffic engineering and law enforcement components,
public information and awareness campaigns, and other targeted
educational programs such as those for the elderly. These programs
should address issues such as:
Being visible in the traffic system (conspicuity)
Use of facilities and accommodations
Law enforcement initiatives
Proper street crossing behavior
The nature and extent of the problem
Driver training with regard to pedestrian and bicycle safety
Rules of the road
Proper selection and use of bicyclist helmets
Skills training for bicyclists
Proper use of bicycle equipment
Sharing the road
The State should enlist the support of a variety of media,
including mass media, to improve public awareness of pedestrian and
bicyclist crash problems and programs directed at preventing them.
VII. Outreach Program
Each State should encourage extensive community involvement in
pedestrian and bicycle safety education by involving individuals and
organizations outside the traditional highway safety community.
Community involvement broadens public support for the State's programs
and can increase a State's ability to deliver highway safety education
programs. To encourage community involvement, States should:
Establish a coalition or task force of individuals and
organizations to actively promote safe pedestrian and bicycle safety
practices (see Program Management Component);
Create an effective communications network among coalition
members to keep members informed; and
Provide materials and resources necessary to promote pedestrian
and bicycle safety education programs.
VIII. School-Based Program
Each State should incorporate pedestrian and bicycle safety
education into school curricula. Safe walking and bicycle-riding
practices to and from school and school-related events are good health
habits and, like other health habits, must be taught at an early age
and reinforced until the habit is well established. The State
Department of Education and the State Highway Safety Agency should:
Ensure that highway safety in general, and pedestrian and
bicycle safety in particular, are included in the State-approved K-
12 health and safety education curricula and textbooks;
Establish and enforce written policies requiring safe walking
and bicycling practices to and from school, including use of bicycle
helmets on school property; and
Encourage active promotion of safe walking and bicycling
practices (including helmet usage) through classroom and extra-
curricular activities.
IX. Driver Education and Licensing
Each State should address pedestrian and bicycle issues in State
driver education and licensing programs. Pedestrian and bicycle safety
principles and rules should be included in all driver training and
licensing examinations.
X. Evaluation Program
Both evaluation and problem identification require good record
keeping by the State and its political subdivisions. The State should
identify the types and frequency of pedestrian and bicyclist crash
problems in terms that are relevant to both the selection and
evaluation of appropriate countermeasure programs.
The State should promote effective evaluation of programs by:
Supporting the continuing analysis of police accident reports
(PARs) of pedestrian and bicyclist crashes for both problem
identification and program evaluation activities;
Encouraging, supporting, and training localities in impact and
process evaluations of local programs;
Conducting and publicizing statewide surveys of public knowledge
and attitudes about pedestrian and bicyclist safety;
Maintaining awareness of trends in pedestrian and bicyclist
crashes at the national level and how this might influence
activities statewide;
Evaluating the use of program resources and the effectiveness of
existing general public and target population countermeasure
programs.
Ensuring that evaluation results are an integral part of new
program planning and problem identification.
Highway Safety Program Guideline
No. 15
Police Traffic Services
Each State, in cooperation with its political subdivisions, should
have an efficient and effective police traffic services (PTS) program
to enforce traffic laws, prevent crashes, assist the injured, document
specific details of individual crashes, supervise crash clean-up, and
restore safe and orderly movement of traffic. PTS is critical to the
success of most traffic safety countermeasures. Traffic law enforcement
plays an important role in deterring drunk and drugged driving,
achieving safety belt use, encouraging compliance with speed laws, and
reducing other unsafe driving actions. Experience has shown that a
combination of highly visible enforcement, public information,
education, and training is necessary to achieve a significant and
lasting impact in reducing crashes, injuries, and fatalities. At a
minimum, a well-balanced statewide PTS program should be made up of the
components detailed below.
I. Program Management
A. Planning and Coordination
Centralized program planning, implementation, and coordination are
essential for achieving and sustaining effective PTS programs. The
State Highway Safety Agency (SHSA), in conjunction with State and local
law enforcement agencies, should ensure that these planning and
coordinating functions are performed with regard to the State's traffic
safety program, since law enforcement is in most instances a principle
component of that program. In carrying out its responsibility of
centralized program planning and coordination, the State should:
Provide leadership, training, and technical assistance to State
and local law enforcement agencies;
Coordinate PTS and other traffic safety program areas including
Commercial Motor Vehicle (CMV) safety activities such as the Motor
Carrier Safety Assistance Program;
Develop and implement a comprehensive plan for all PTS
activities, in cooperation with law enforcement leaders;
Generate broad-based support for enforcement programs; and
Integrate PTS into Community/Corridor Traffic Safety Programs.
B. Program Elements
State and local law enforcement agencies, in conjunction with the
SHSA, should establish PTS as a priority within their total enforcement
program. A PTS program should be built on a foundation of commitment,
coordination, planning, monitoring, and evaluation within the agency's
enforcement program. State and local law enforcement agencies should:
Provide the public with a high quality, effective PTS system and
have enabling legislation and regulations in place to implement PTS
functions;
Develop and implement a comprehensive enforcement plan for
alcohol and drug impaired driving, safety belt use and child
passenger safety laws, speeding, and other hazardous moving
violations. The plan should initiate action to look beyond the
issuance of traffic tickets to include enforcement of laws by
drivers of all types of vehicles, including trucks, automobiles, and
motorcycles;
Develop a cooperative working relationship with other local,
county, and State governmental agencies and community organizations
on traffic safety issues;
Issue and enforce policies on roadside sobriety checkpoints,
safety belt use, pursuit driving, crash investigating and reporting,
speed enforcement, and serious traffic violations; and
Develop performance measures for PTS that are both qualitative
and quantitative.
II. Resource Management
States should encourage law enforcement agencies to develop and
maintain a comprehensive resource management plan to identify and
deploy resources needed to effectively support enforcement programs.
The resource management plan should include a specific component on
traffic enforcement and safety, integrating traffic enforcement and
safety initiatives into a total agency enforcement program. Law
enforcement agencies should:
Conduct periodic assessments of service demands and resources to
meet identified needs;
Develop a comprehensive resource management plan, including a
specific traffic enforcement and safety component;
Define the plan in terms of budget requirements and services to
be provided; and
Develop and implement operational policies for the deployment of
resources to address program demands and to meet agency goals.
III. Traffic Law Enforcement
The enforcement of traffic laws and ordinances is a basic
responsibility shared by all police agencies. The primary objective of
this function is to encourage motorists and pedestrians to comply
voluntarily with the laws. Administrators should apply their
enforcement resources in ways that ensure the greatest safety impact.
Traffic law enforcement programs should be based on:
Accurate problem identification;
Countermeasures designed to address specific problems;
Enforcement actions applied at appropriate times and places,
coupled with a public information effort designed to make the
motoring public aware of the problem and the planned enforcement
action; and
A system to document and publicize results.
IV. Public Information and Education
A. Necessity of Public Information and Education
Public awareness and knowledge about traffic enforcement are
essential for sustaining increased compliance with all traffic laws.
This requires a well-organized, effectively-managed public information
and education program. The SHSA, in cooperation with law enforcement
agencies, should develop a statewide public information and education
campaign that:
Identifies and targets specific audiences;
Addresses enforcement of safety belt use and child passenger
safety, drunk and drugged driving, speed, and other serious traffic
laws;
Capitalizes on special events, such as Operation C.A.R.E., Child
Passenger Safety Awareness, Buckle Up, America! and Drunk and
Drugged Driving Awareness weeks;
Identifies and supports the efforts of traffic safety activist
groups to gain increased support of and attention to traffic safety
and enforcement;
Uses national themes, events, and materials; and
Motivates the public to support increased enforcement of traffic
laws.
The task of public information can be divided into two
interconnected areas: external and internal information. Both areas,
properly administered, will benefit the agency and work in concert to
accomplish the goal of establishing and maintaining a positive police-
public relationship.
B. Development of Public Information and Education Functions by Law
Enforcement Agencies
External
Educate and remind the public about traffic laws and safe
driving behavior;
Disseminate information to the public about agency activities
and accomplishments;
Enhance relationships with news media;
Provide safety education and community services;
Provide legislative and judicial information and support; and
Increase the public's understanding of the enforcement agency's
role in traffic safety:
Internal
Disseminate information about internal activities to sworn and
civilian members of the agency;
Enhance the agency's safety enforcement role and increase
employee understanding and support; and
Recognize employee achievements.
V. Data Collection and Analysis
The availability of valid data is critical to any approach intended
to increase the level of highway safety. An effective records program
provides fast and accurate information to field personnel who are
performing primary traffic functions and to management for decision-
making. Data are usually collected from crash reports, daily officer
activity reports that contain workload and citation information,
highway department records (e.g., traffic volume), citizen complaints,
and officer observations. An effective records program should:
Provide information rapidly and accurately;
Provide routine compilations of data for management use in the
decision making process;
Provide data for operational planning and execution;
Interface with a variety of data systems, including statewide
traffic safety records system; and
Be accessible to enforcement, planners, and management.
VI. Training
Training is one of the most important activities in a law
enforcement agency, and it is essential to support the special
requirements of traffic law enforcement and safety. It is essential for
operational personnel to be prepared to effectively perform their
duties. Traffic enforcement training can be conducted by the agency,
the State Police Officer Standards and Training (POST) agency, or a
commercial trainer.
A. Purpose and Goals of Training
Training accomplishes a wide variety of important and necessary
goals. Proper training should:
Prepare officers to act decisively and correctly;
Increase compliance with agency enforcement goals;
Assist in meeting priorities;
Improve compliance with established policies;
Result in greater productivity and effectiveness;
Foster cooperation and unity of purpose;
Help offset liability actions; and
Motivate and enhance officer professionalism.
B. State and Local Law Enforcement Agencies Should
Periodically assess enforcement activities to determine training
needs;
Require traffic enforcement knowledge and skills in all
recruits;
Provide traffic enforcement in-service training to experienced
officers;
Provide specialized CMV in-service training to traffic
enforcement officers;
Conduct training to implement specialized traffic enforcement
skills, techniques, or programs; and
Train instructors, to increase agency capabilities and to ensure
continuity of specialized enforcement skills and techniques.
VII. Evaluation
The SHSA, in conjunction with State and local law enforcement
agencies, should develop a comprehensive evaluation program to measure
progress toward established project goals and objectives; effectively
plan and implement statewide and local PTS programs; optimize the
allocation of limited resources; measure the impact of traffic
enforcement on reducing crime and traffic crashes, injuries, and
deaths; and compare costs of criminal activity to costs of traffic
crashes. Law enforcement managers should:
Include evaluation in initial program planning efforts to ensure
that data will be available and that sufficient resources will be
allocated;
Report results regularly to project and program managers, to
police field commanders and officers, and to the public and private
sectors;
Use results to guide future activities and to assist in
justifying resources to legislative bodies;
Conduct a variety of surveys to assist in determining program
effectiveness, such as roadside sobriety surveys, speed surveys,
license checks, belt use surveys, and surveys measuring public
knowledge and attitudes about traffic enforcement programs;
Evaluate the effectiveness of services provided in support of
priority traffic safety areas; and
Maintain and report traffic data to the International
Association of Chiefs of Police Traffic Data Report and other
appropriate repositories, such as the FBI Uniform Crime Report,
FHWA's SAFETYNET system, and annual statewide reports.
* * * * *
Highway Safety Program Guideline
No. 19
Speed Control
Each State, in cooperation with its political subdivisions, should
have, as part of a comprehensive highway safety program, an effective
speed control program that encourages its citizens to voluntarily
comply with speed limits. The program should stress systematic and
rational establishment of speed limits, a law enforcement commitment to
controlling speed on all public roads, a commitment to utilize both
traditional methods and state-of-the art equipment in setting and
enforcing speed limits, and a strong public information and education
program aimed at increasing driver compliance with speed limits.
I. Program Management
State and local law enforcement agencies, transportation
departments, and the State Highway Safety Agency (SHSA) should
establish speed control as a priority within their total highway safety
program. The speed control program should contain the following
elements: program management, procedures for establishing reasonable
speed limits, coordinated enforcement efforts, public information and
education, identification and utilization of new technology,
legislative coordination and commitment, training, and evaluation. When
planning and developing a program to address speed control, the issue
of speed should be examined in light of the empirical data available,
current methods for setting speed limits, and the current public
perception of speed compliance. Added to these elements is the law
enforcement response, including the resources available to enforcement
agencies. Only after these components have been examined and defined
can the goals of a speed control program be formulated. In carrying out
its responsibility of centralized program planning and coordination,
the State should:
Develop and implement a comprehensive speed control plan in
cooperation with law enforcement leaders, traffic engineers,
educators, and leaders of the community;
Provide leadership, training, and technical assistance to State
and local law enforcement agencies and highway/traffic agencies;
Generate broad based support for speed control programs through
education on the scope and severity of the problem; and
Integrate speed control into the overall traffic enforcement and
engineering program.
II. Enforcement Program
Each State should strongly emphasize speed enforcement as part of
its overall traffic enforcement program. The speed enforcement program
should include enforcement strategies and other components of a
comprehensive approach to address the speed issue. The plan should
address the following concepts:
Including public information and education components along with
vigorous enforcement in State and local anti-speeding programs;
Collecting data to help in problem identification and
evaluation;
Identifying high risk crash locations where speed is a
contributing factor in crashes;
Integrating speed control programs into related highway safety
activities such as drunk driving prevention, safety belt and safety
programs for young people;
Targeting anti-speeding programs to address specific audiences
and situations: young drivers, males, nighttime, adverse weather and
traffic conditions, drunk driving, CMV drivers, school zones,
construction and maintenance work zones, roads and streets with
major potential conflicts in traffic and with pedestrians, and so
on;
Using speed measuring devices that are both efficient and cost
effective, including new speed measurement technology such as laser
speed measuring devices, electronic signing and photo-radar; and
Training officers in the proper use of equipment and educating
other members of the criminal justice system, such as judges and
prosecutors, on the principles of devices using new technology.
III. Setting of Speed Limits
States and local governments should undertake comprehensive efforts
to identify rational criteria for establishing speed limits and should
include strategies to address the speed issue. These efforts should
include:
Identification of criteria used to establish speed limits
including the recognition of unique operational characteristics of
CMV's;
Use of state-of-the art technology to collect data to establish
speed limits;
Use of variable message speed limit signs to reinforce the
appropriate speed limit for prevailing conditions;
Identification of high hazard locations where speeding is a
contributing factor;
A coordinated effort with enforcement agencies, educators, and
community leaders to provide information on setting of speed limits;
and
Training traffic and enforcement personnel in the proper
techniques for establishing safe and reasonable speed limits and in
the use and deployment of speed monitoring equipment.
IV. Public Information and Education
Focused public information and education campaigns are an essential
part of a comprehensive speed control program. Research shows that
compliance with and support for traffic laws can be increased through
aggressive, targeted enforcement combined with an effective public
information and education campaign. The SHSA, in cooperation with law
enforcement and transportation agencies, should develop a Statewide
public information and education campaign that:
Identifies and targets specific audiences;
Addresses criteria for setting speed limits and enforcement of
speed limits particularly for locations experiencing excessive speed
or speed related crashes;
Capitalizes on special events (cooperative, multi-jurisdictional
enforcement efforts) such as Operation Co-Flame and Span I-70 and
other special holiday enforcement programs;
Identifies and supports the efforts of traffic safety activist
groups to gain increased support of and attention to traffic safety
and speed control;
Use national themes, events, and materials; and
Motivates the public to support speed control by pointing out
the public health issues of injury, death, and economic costs of
speed related crashes.
V. Technology
New and updated technology for speed measurement is needed to
determine appropriated speed limits for a variety of conditions and to
provide maximum enforcement activity with fewer available resources.
Current technology for measuring speed, such as loop detectors, should
be used not only to establish viable speed limits but also to vary
speed limits to conform to existing conditions. State and local
governments should only utilize speed measurement equipment for
enforcement that is approved or recognized as reliable and accurate.
All law enforcement agencies should use the International Association
of Chiefs of Police (IACP) regional testing laboratories to ensure that
equipment used to measure speeds meets minimum standards. For CMV
enforcement purposes, the FHWA will provide MCSAP funding only for
those items of speed control equipment approved by the ICAP or which
meet other suitable standards. The SHSA, in conjunction with law
enforcement and traffic/highway agencies, should support programs
providing for:
Collection of operational speed data to determine appropriate
speed limits and for use of these data in conjunction with variable
message signs;
Police Radar Model Minimum Specifications--NHTSA, in cooperation
with the IACP and the National Institute of Standards and Technology
(NIST), has developed model specifications and testing protocols for
police traffic radar. Using these model specification, IACP in
cooperation with radar manufacturers and NHTSA, has established a
program to test radar sets that are available for purchase by law
enforcement agencies. Reports of the testing were published by IACP
along with a Consumer Products List which provides law enforcement
agencies with the names of radar sets conforming with the model
performance specifications.
Police Radar Testing Program--To ensure that law enforcement
agencies can continue to purchase and operate accurate radar
devices, IACP, in cooperation with radar manufacturers and NHTSA,
has established an ongoing process of performance testing for newly
developed devices and for maintaining existing equipment. Testing
laboratories have been established at five universities. These
laboratories will continue the testing program and will provide
services to the law enforcement community.
Model Performance Specifications and Test Protocols--NIST, Law
Enforcement Standards Laboratory, is developing model minimum
performance and testing protocols for automated speed enforcement
(ASE) devices, including photo-radar devices and laser speed
measurement devices;
Basic Training Program in VASCAR Speed Measurement--NHTSA has
developed a training course for the VASCAR (Visual Average Speed
Computer and Recorder) time-distance speed measurement devices. This
course was developed specifically for use by law enforcement
officers; and
Basic Training Program in Radar Speed Measurement--NHTSA has
developed a basic training course which teaches the correct
procedures for law enforcement's use of police radar and also the
proper instructional techniques for those teaching the course;
VI. Legislation
To encourage voluntary compliance by drivers, speed limits must be
safe, reasonable, and uniform to the greatest extent possible.
Realistic speed limits on roadways (other than those governed by the
National Maximum Speed Limit) should:
Be based upon traffic and engineering investigations;
Encourage drivers to comply with the posted limits and allow
enforcement agencies to better target speeders;
Be accompanied by sanctions, including court and administrative
penalties, which are set by law;
Be as consistent as possible with the physical and operational
characteristics (actual and perceived) of the roadway; and
Take into account the needs and safety of all highway users,
motorists and non-motorists alike.
Legislative components of an effective speed control program
should:
Encourage the highway safety community to develop laws, rules,
and regulations that will provide for reasonable and safe speed
limits;
Provide appropriate legislation to allow the establishment of
regulatory variable speed limits, such as the provisions of Chapter
11, Article VIII of the Uniform Vehicle Code;
Provide for public information and education programs to explain
how speed limits are established and to convince drivers that speed
limits are realistic, reasonable, and include sanctions; and
Establish sanctions for speeding violations that are reasonable,
uniform, and effective as a deterrent.
New devices and technology are available for use in determining
appropriate speed limits and in law enforcement actions to measure the
speed of vehicles. Transportation and law enforcement agencies should
work closely with the SHSA to make certain new technologies can be used
under existing legislation. As necessary, these groups should work
together in ensuring development and adoption of legislation allowing
use of new technologies.
VII. Training
NHTSA fully supports and encourages training for law enforcement
officers in the use of speed measurement devices, model speed
enforcement strategies, combined enforcement projects, and planning and
implementing public information and education programs.
In support of law enforcement training NHTSA will continue to
publish and widely distribute training programs. These courses are
related to established as well as new and emerging techniques of speed
measurement and enforcement. The training courses are recommended for
officers in law enforcement agencies using speed measuring devices.
FHWA also provides training programs on CMV traffic enforcement.
Training for law enforcement officers involved in speed enforcement
should include:
Proper use of devices used to measure speed;
How to use data and analysis to define the speed problem, to
target enforcement activities, and to evaluate the results of
countermeasures;
How to relate speed enforcement to public safety;
How to plan and implement a PI&E program on speed enforcement;
Model speed enforcement strategies including examples of
combined enforcement programs; and
Escorting and assisting traffic engineers and technicians in
deployment and use of speed measuring equipment.
Training for traffic engineers and technicians should include:
Proper use and development of speed measurement equipment; and
Interpreting geometric, operational and environmental data for
their impact on roadway safety and user performance.
VIII. Evaluation
The SHSA, in conjunction with State and local law enforcement and
transportation agencies should develop a comprehensive evaluation
program to measure progress toward established project goals and
objectives. The evaluation should measure the impact of speed control
programs on traffic crashes, injuries, and deaths; and provide
information for revised improved program planning. These agencies
should:
Include evaluation in initial program planning efforts to ensure
that data will be available and that sufficient resources will be
allocated;
Report results regularly to project and program managers, to
police field commanders and officers, to transportation engineers,
and to the public and private sectors.
Use results to verify problem identification, guide future speed
control activities, and assist in justifying resources to
legislative bodies;
Conduct a variety of surveys to assist in determining program
effectiveness, such as speed surveys and surveys measuring public
knowledge and attitude about speed control programs;
Analyze speed compliance and speed-related crashes in areas with
actual hazards to the public;
Evaluate the effectiveness of speed control activities provided
in support of other priority traffic safety areas; and
Maintain and report traffic data to the SHSA, IACP Traffic Data
Report and other appropriate repositories, such as the FBI Uniform
Crime Reports, FHWA's SAFETYNET system, and annual statewide
reports.
Highway Safety Program Guideline
No. 20
Occupant Protection
Each State, in cooperation with its political subdivisions, should
have a comprehensive occupant protection program that educates and
motivates its citizens to use available motor vehicle occupant
protection systems. A combination of use requirements, enforcement,
public information, education, and incentives is necessary to achieve
significant, lasting increases in safety belt usage. Therefore, a well-
balanced State occupant protection program should include the
components described below.
I. Program Management
Each State should have centralized program planning, implementation
and coordination to achieve and sustain high rates of safety belt use.
Evaluation is also important for determining progress and ultimate
success of occupant protection programs. The State Highway Safety
Agency (SHSA) should:
Provide leadership, training, and technical assistance to other
state agencies and local occupant protection programs and projects;
Convene an occupant protection advisory task force or coalition
to organize and generate broad-based support for programs;
Integrate occupant protection programs into community/corridor
traffic safety programs; and
Evaluate the effectiveness of its occupant protection program.
II. Legislation, Regulation, and Policy
Each State should enact and enforce safety belt use laws,
regulations, and policies to provide clear guidance to the motoring
public concerning motor vehicle occupant protection systems. This legal
framework should include:
Legislation requiring all motor vehicle occupants to use the
systems provided by the vehicle manufacturer and establish
educational programs to explain their benefits and the correct way
to use them;
Legislation requiring children up to 40 pounds (or five years
old if weight cannot be determined) to ride in a safety device
certified by the manufacturer to meet all applicable Federal
performance standards;
Regulations requiring employees of all levels of government to
wear safety belts when traveling on official business;
Official policy requiring that organizations receiving Federal
highway safety program grant funds have and enforce an employee
safety belt use policy; and
Encouragement for automobile insurers to offer economic
incentives for policy holders to wear safety belts, to secure small
children in child safety seats, and to purchase cars equipped with
air bags.
III. Enforcement Program
Each State should have a strong law enforcement program, coupled
with public information and education, to increase safety belt and
child safety seat use. Essential components of a law enforcement
program include:
Written, enforced belt use policies for law enforcement agencies
with sanctions for noncompliance to protect law enforcement officers
from harm and for officers to serve as role models for the motoring
public;
Vigorous enforcement of public safety belt use and child safety
seat laws, including citations and warnings;
Accurate reporting of occupant protection system information on
accident report forms, including use or non-use of belts, type of
belt, and presence of and deployment of air bag;
Public information and education (PI&E) campaigns to inform the
public about occupant protection laws and related enforcement
activities;
Routine monitoring of citation rates for non-use of safety belts
and child safety seats; and
Certification of an occupant protection training course for both
basic and in-service training by the Police Officer Standards and
Training (POST) board.
IV. Public Information and Education Program
As part of each State's public information and education program,
the State should enlist the support of a variety of media, including
mass media, to improve public awareness and knowledge about safety
belts, air bags, and child safety seats. To sustain or increase rates
of safety belt and child safety seat use, a well-organized, effectively
managed public information program should:
Identify and target specific audiences, (e.g., low-use, high
risk motorists) and develop messages appropriate for these
audiences;
Address the enforcement of the State's belt use and child
passenger safety laws; the safety benefits of regular, correct
safety belt (both manual and automatic) and child safety seat use;
and the additional protection provided by air bags;
Capitalize on special events, such as nationally recognized
safety weeks and local enforcement campaigns;
Coordinate different materials and media campaigns where
practicable, (e.g., by using a common theme and logo);
Use national themes and materials to the fullest extent
possible;
Publicize belt-use surveys and other relevant statistics;
Encourage news media to report belt use and non-use in motor
vehicle crashes;
Involve media representatives in planning and disseminating
public information campaigns;
Encourage private sector groups to incorporate belt-use messages
into their media campaigns;
Take advantage of all media outlets: television, radio, print,
signs, billboards, theaters, sports events, health fairs; and
Evaluate all media campaign efforts.
V. Health/Medical Program
Each State should integrate occupant protection into health
programs. The failure of drivers and passengers to use occupant
protection systems is a major health problem that must be recognized by
the health care community. The SHSA and the State Health Department
should collaborate in developing programs that:
Integrate occupant protection into professional health training
curricula and comprehensive public health planning;
Promote occupant protection systems as a health promotion/
disease prevention measure;
Require public health and medical personnel to use available
motor vehicle occupant protection systems when on the job;
Provide technical assistance and education about the importance
of motor vehicle occupant protection to primary caregivers, (e.g.,
doctors, nurses, clinic staff);
Include questions about safety belt use in health risk
appraisals;
Utilize health care providers as visible public spokespersons
for belt use and child safety seat use;
Provide information about availability of child safety seats
through maternity hospitals and other pre-natal and natal care
centers (see Program Component VI: Child Passenger Safety Program);
and
Collect, analyze, and publicize data on additional injuries and
medical expenses resulting from non-use of occupant protection
devices.
VI. Child Passenger Safety Program
Each State should vigorously promote the use of child safety seats.
States should require every child up to 40 pounds to ride correctly
secured in a child safety seat that meets Federal Motor Vehicle Safety
Standards (see Program Component II: Legislation, Regulation, and
Policy). State and community child passenger safety programs that will
help to achieve that objective should be established to:
Educate parents, pediatricians, hospitals, law enforcement, EMS
and the general public about the safety risks to small children, the
benefits of child safety seats, and their responsibilities for
compliance with child passenger safety laws;
Encourage child safety seat retailers and auto dealers to
provide information about child seat and vehicle compatibility, as
well as correct use;
Require safe child transportation policies for certification of
pre-school and day care providers;
Require hospitals to ensure that newborn and other small
children are correctly secured in an approved child safety seat or
safety belt upon discharge;
Make child safety seats available at affordable cost to low-
income families; and
Encourage local law enforcement to vigorously enforce child
passenger safety laws, including safety belt use laws as they apply
to children.
VII. School-Based Program
Each State should incorporate occupant protection education in
school curricula. Buckling up is a good health habit and, like other
health habits, must be taught at an early age and reinforced until the
habit is well established. The State Department of Education and the
State Highway Safety Agency should:
Ensure that highway safety in general, and occupant protection
in particular, are included in the State-approved K-12 health and
safety education curricula and textbooks;
Establish and enforce written policies requiring that school
employees operating a motor vehicle on the job use safety belts; and
Encourage active promotion of regular safety belt use through
classroom and extra-curricular activities as well as in the school-
based health clinics.
VIII. Worksite Program
Each State should encourage all employers to require safety belt
use on the job as a condition of employment. The Federal government has
already taken that step for its employees. Private sector employers
should follow the lead of Federal and State government employers and
comply with all applicable FHWA Federal Motor Carrier Safety
Regulations or Occupational Health and Safety (OSHA) regulations
requiring private business employees to use safety belts on the job.
All employers should:
Establish and enforce a safety belt use policy with sanctions;
and
Conduct occupant protection education programs for employees on
their belt use policies and the safety benefits of motor vehicle
occupant protection.
IX. Outreach Program
Each State should encourage extensive community involvement in
occupant protection education by involving individuals and
organizations outside the traditional highway safety community.
Community involvement broadens public support for the State's programs
and can increase a State's ability to deliver highway safety education
programs. To encourage community involvement, States should:
Establish a coalition or task force of individuals and
organizations to actively promote use of occupant protection
systems;
Create an effective communications network among coalition
members to keep members informed; and
Provide materials and resources necessary to conduct occupant
protection education programs, especially directed toward young
people, in local settings.
X. Evaluation Program
Each State should conduct several different types of evaluation to
effectively measure progress and to plan and implement new program
strategies. Program management should:
Conduct and publicize at least one statewide observational
survey of safety belt and child safety seat use annually, making
every effort to ensure that it meets applicable federal guidelines;
Maintain trend data on child safety seat and belt use in fatal
crashes;
Identify target populations through observational surveys and
crash statistics;
Conduct and publicize statewide surveys of public knowledge and
attitudes about occupant protection laws and systems;
Obtain monthly or quarterly data from law enforcement agencies
on the number of safety belt and child passenger safety citations
and convictions;
Evaluate the use of program resources and the effectiveness of
existing general public and target population education programs;
Obtain data on morbidity as well as the estimated cost of
crashes in regards to safety belt usage and non-usage; and
Ensure that evaluation results are an integral part of new
program planning and problem identification.
Highway Safety Program Guideline
No. 21
Roadway Safety
Each State, in cooperation with its political subdivisions, should
have a comprehensive roadway safety program that is directed toward
reducing the number and severity of traffic crashes.
I. Program Management
The Federal Highway Administration (FHWA) provides administrative
oversight for the Roadway Safety portion of the section 402 highway
safety program in close coordination with the State Highway Safety
Agency (SHSA) and the State Highway Agency (SHA). Although section 402
dollars cannot be utilized for highway construction, maintenance or
design activities, they can be used to develop and implement systems
and procedures for carrying out safety construction and operational
improvements. These funds can also be used to augment Federal-aid
highway programs, such as the Hazard Elimination Program (Section 152)
and the Rail-Highway Crossings Programs (Section 130), as well as other
safety construction activities.
An effective Roadway Safety program is based on sound analyses of
roadway-related crash information and applies engineering principles in
identifying highway design or operational improvements that will
address the crash problem. The SHSA should:
Assign program staff to work directly with the FHWA division
safety engineer on roadway-related safety programs.
Work in close harmony with the SHA, particularly with SHA staff
who are responsible for traffic engineering, pedestrian and bicycle
programs, CMV safety, rail-highway crossing safety issues, work zone
safety, design and operational improvements, and hazardous roadway
locations.
Foster an ongoing dialogue among all disciplines with a vested
interest in highway safety, including engineers, enforcement
personnel, traffic safety specialists, driver licensing
administrators, CMV safety specialists, and data specialists.
Promote a multi-disciplinary approach to addressing highway
safety issues which focuses on comprehensive solutions to identified
problems. An example is assisting in the coordination and the
implementation of Community/Corridor Traffic Safety Programs, and
MCSAP, where appropriate.
Become familiar with the various highway-safety related
categories of Federal-aid highway funds--in addition to section
402--in order to maximize the safety benefits of the entire program.
Become familiar with the State's traffic records system and play
a role in the system's ongoing operation, maintenance and
enhancement.
Assist community leaders in managing and/or coordinating
programs designed to address roadway safety issues and concerns
which fall under the jurisdiction of local communities.
Become familiar with MCSAP and coordinate MCSAP and section 402
program activities.
II. Related Highway Safety Program Guidelines
Roadway Safety applies to highway safety activities related to the
roadway environment and includes activities which are described in the
following Highway Safety Program Guidelines:
Guideline #9: Identification and Surveillance of Accident
Locations,
Guideline #12: Highway design, Construction and maintenance,
Guideline #13: Traffic Engineering Services,
Guideline #14: Pedestrian Safety.
A model Roadway Safety program would encompass the following
aspects of these four guidelines:
Procedures for accurate identification of crash locations on all
roads and streets which identify crash experience on specific
sections of the road and street system.
Methods to produce an inventory of high crash locations
experiencing sharp increases as well as design and operational
features with which high crash frequencies or severities are
associated.
Appropriate measures to reduce crashes and evaluate the
effectiveness of safety improvements on any specific section of the
road or street system.
A systematically organized method to ensure continuing
surveillance of the roadway network for potentially high crash
locations and the development of methods for their correction.
Design guidelines relating to safety features such as sight
distances, horizontal and vertical curvature, spacing of decision
points, width of lanes, etc. for all new construction or
reconstruction at least on expressways, major streets and highways,
and through streets and highways.
Street systems that are designated to provide a safe traffic
environment for all roadway users when subdivisions and residential
areas are developed or redeveloped.
Efforts to ensure that roadway lighting is provided or upgraded
on a priority basis at: expressways and other major arteries in
urban areas, junctions of major highways in rural areas, locations
or sections of streets and highways which have high ratios of night-
to-day motor vehicle and/or pedestrian crashes, and tunnels and long
underpasses.
Guidelines for pavement design and construction with specific
provisions for high skid resistance qualities.
A program for resurfacing or other surface treatment with
emphasis on correction of locations or sections of streets and
highways with low skid resistance and high or potentially high crash
rates susceptible to reduction by providing improved surfaces.
Efforts to ensure that there is guidance, warning and regulation
of traffic approaching and traveling over construction or repair
sites and detours.
A method for systematic identification and tabulation of all
rail-highway grade crossings and a program for the elimination of
hazards and dangerous crossings.
Projects which provide for the safe and efficient movement of
traffic, by ensuring that roadways and the roadsides are maintained
consistent with the design guidelines which are followed in
construction.
Identify and correct hazards within the highway right-of-way.
Wherever possible for crash prevention and crash survivability,
efforts to include at least the following highway design and
construction features:
Roadsides which are clear of obstacles, with clear distance
determined on the basis of traffic volumes, prevailing speeds, and
the nature of development along the street or highway;
Supports for traffic control devices and lighting that are
designed to yield or break away under impact wherever appropriate;
Protective devices that afford maximum protection to the
occupants of vehicles where fixed objects cannot be reasonably
removed or designed to yield;
Bridge railings and parapets which are designed to minimize
severity of impact, to retain the vehicle, to redirect the vehicle
so that it will move parallel to the roadway, and to minimize danger
to traffic below;
Guardrails, and other design features which protect people from
out-of-control vehicles at locations of special hazard such as
playgrounds, schoolyards and commercial areas.
A post-crash program that includes at least the following:
Signs at freeway interchanges directing motorists to hospitals
which have emergency care capabilities;
Maintenance personnel who are trained in procedures for
summoning aid, protecting others from hazards at crash sites, and
removing debris;
Provisions for access and egress for emergency vehicles to
freeway sections where this would significantly reduce travel time
without reducing the safety benefits of access control.
A comprehensive resource development plan to provide the
necessary traffic engineering capability, including:
Provisions for supplying traffic engineering assistance to those
jurisdictions which are unable to justify a full-time traffic
engineering staff;
Provisions for upgrading the skills of practicing traffic
engineers, and providing basic instruction in traffic engineering
techniques to other professionals and technicians.
The utilization of traffic engineering principles and expertise
in the planning, design, construction, and maintenance of the public
roadways, and in the application of traffic control devices.
A traffic control device plan which includes:
An inventory of all traffic control devices;
Periodic review of existing traffic control devices, including a
systematic upgrading of substandard devices to conform with
standards endorsed by the Federal Highway Administrator;
A maintenance schedule adequate to insure proper operation and
timely repair of control devices, including daytime and nighttime
inspections;
And where appropriate, the application and evaluation of new
ideas and concepts in applying control devices and in the
modification of existing devices to improve their effectiveness
through controlled experimentation.
An implementation schedule which utilizes traffic engineering
resources to:
Review road projects during the planning, design, and
construction stages to detect and correct features that may lead to
operational safety difficulties;
Install safety-related improvements as part of routine
maintenance and/or repair activities;
Correct conditions noted during routine operational surveillance
of the roadway system to rapidly adjust for the changes in traffic
and road characteristics as a means of reducing the frequency and
severity of crashes;
Conduct traffic engineering analyses of all high crash locations
and the development of corrective measures;
Analyze potentially hazardous locations--such as sharp curves,
steep grades, and railroad grade crossings--and develop appropriate
countermeasures.
Identify traffic control needs and determine short and long
range requirements.
Evaluate the effectiveness of specific traffic control measures
in reducing the frequency and severity of traffic crashes;
Conduct traffic engineering studies to establish traffic
regulations, such as fixed or variable speed limits.
A method to ensure a continuing statewide inventory of
pedestrian-motor vehicle crashes identifying the location and times
of the crash, as well as the age of the pedestrian and circumstances
of the incident.
Statewide operational procedures for improving the protection of
pedestrians through the application of traffic engineering
practices, careful land-use planning in newly developed areas,
physical separation of pedestrian pathways from vehicle roadways,
and environmental illumination of high volume and/or potentially
hazardous pedestrian crossings.
Periodic evaluation of each of the Roadway Safety projects by
the State, or appropriate Federal department or agency where
applicable. The evaluation should provide information detailing the
program's effectiveness in terms of crash reduction and the end
results of crashes, and the Federal Highway Administration should be
provided with an evaluation summary.
Companion Highway Safety Program Manuals (February, 1974), which
supplement Guidelines 9, 12, and 13 and provide additional information
to assist State and local agencies in implementing their roadway safety
programs are available from the Federal Highway Administration's Office
of Highway Safety.
Issued on: January 4, 1994.
Rodney E. Slater,
Administrator, Federal Highway Administration.
Howard M. Smolkin,
Executive Director, National Highway Traffic Safety Administration.
[FR Doc. 94-660 Filed 1-13-94; 8:45 am]
BILLING CODE 4910-59-M