Amendments to Highway Safety Program Guidelines

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