ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

23 U.S.C. § 152 — Hazard elimination program

submitted 53 years ago by Pub. L. 93-87 to r/title-23-HIGHWAYS · 539 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires every state to find and fix dangerous spots on its public roads. States must survey roads for hazards, rank them, and schedule improvement projects. The federal government pays 90 percent of the cost, and each state must report yearly to the Secretary of Transportation on its progress.

(a) In General. Each state must conduct and keep up an engineering survey of all its public roads, to identify hazardous locations, sections, and elements — including roadside obstacles and unmarked or poorly marked roads — that may endanger motorists, bicyclists, and pedestrians. The state must set priorities for fixing these hazards and establish a schedule of improvement projects. A state may also, at its discretion, survey more broadly for hazards to motorists, bicyclists, pedestrians, and other highway-facility users, and develop projects and programs addressing them. (b) The Secretary may approve any safety-improvement project under this section, including a survey described in subsection (a). (c) Funds under this section may be spent on: any public road; any public surface-transportation facility, or any publicly owned bicycle or pedestrian pathway or trail; or any traffic-calming measure. (d) The federal government's share of the cost of any project under this section is 90 percent. (e) Funds authorized for this section are available for obligation the same way funds apportioned under section 104(b) are, except the Secretary may waive provisions found inconsistent with this section's purposes. (f) Each state must establish an evaluation process, approved by the Secretary, to analyze and assess the results of its safety-improvement projects. That process must develop cost-benefit data for different kinds of fixes, used to set priorities for future projects. (g) Each state must report to the Secretary of Transportation by December 30 each year on its progress implementing hazard-elimination projects and how effective the improvements were, including the cost and safety benefit of the methods used and the accident record — before and after — at improved locations. The Secretary of Transportation must then report by April 1 each year to the Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure on states' progress, including the number of projects, their cost ranges, road systems, and methods used, plus before-and-after accident data. The Secretary's report must also evaluate each state's program, identify any state not meeting the improvement schedule required by subsection (a), and recommend how to carry out the program going forward. (h) For this section, "State" has the meaning given in section 401 of this title.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—
(1)Program.—

Each State shall conduct and systematically maintain an engineering survey of all public roads to identify hazardous locations, sections, and elements, including roadside obstacles and unmarked or poorly marked roads, which may constitute a danger to motorists, bicyclists, and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement.

(2)Hazards.—

In carrying out paragraph (1), a State may, at its discretion—

(A)

identify, through a survey, hazards to motorists, bicyclists, pedestrians, and users of highway facilities; and

(B)

develop and implement projects and programs to address the hazards.

(b)

The Secretary may approve as a project under this section any safety improvement project, including a project described in subsection (a).

(c)

Funds authorized to carry out this section shall be available for expenditure on—

(1)

any public road;

(2)

any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or

(3)

any traffic calming measure.

(d)

The Federal share payable on account of any project under this section shall be 90 percent of the cost thereof.

(e)

Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under section 104(b), except that the Secretary is authorized to waive provisions he deems inconsistent with the purposes of this section.

(f)

Each State shall establish an evaluation process approved by the Secretary, to analyze and assess results achieved by safety improvement projects carried out in accordance with procedures and criteria established by this section. Such evaluation process shall develop cost-benefit data for various types of corrections and treatments which shall be used in setting priorities for safety improvement projects.

(g)

Each State shall report to the Secretary of Transportation not later than December 30 of each year, on the progress being made to implement safety improvement projects for hazard elimination and the effectiveness of such improvements. Each State report shall contain an assessment of the cost of, and safety benefits derived from, the various means and methods used to mitigate or eliminate hazards and the previous and subsequent accident experience at these locations. The Secretary of Transportation shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than April 1 of each year on the progress being made by the States in implementing the hazard elimination program (including but not limited to any projects for pavement marking). The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, means and methods used, and the previous and subsequent accident experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a) and include recommendations for future implementation of the hazard elimination program.

(h)

For the purposes of this section the term “State” shall have the meaning given it in section 401 of this title.

Source credit: (Added Pub. L. 93–87, title II, § 209(a), Aug. 13, 1973, 87 Stat. 286; amended Pub. L. 94–280, title I, § 131, May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, § 168(a), Nov. 6, 1978, 92 Stat. 2722; Pub. L. 96–106, § 10(b), Nov. 9, 1979, 93 Stat. 798; Pub. L. 97–375, title II, § 210(b), Dec. 21, 1982, 96 Stat. 1826; Pub. L. 97–424, title I, § 125, Jan. 6, 1983, 96 Stat. 2113; Pub. L. 100–17, title I, § 133(b)(12), Apr. 2, 1987, 101 Stat. 172; Pub. L. 104–59, title III, § 325(c), Nov. 28, 1995, 109 Stat. 592; Pub. L. 105–178, title I, § 1401, June 9, 1998, 112 Stat. 235.)

history & why it existsrecord from the source credit
  • 1973Enacted · Pub. L. 93-87 · 87 Stat. 286
  • 1976Amended · Pub. L. 94-280 · 90 Stat. 441
  • 1978Amended · Pub. L. 95-599 · 92 Stat. 2722
  • 1979Amended · Pub. L. 96-106 · 93 Stat. 798
  • 1982Amended · Pub. L. 97-375 · 96 Stat. 1826
  • 1983Amended · Pub. L. 97-424 · 96 Stat. 2113
  • 1987Amended · Pub. L. 100-17 · 101 Stat. 172
  • 1995Amended · Pub. L. 104-59 · 109 Stat. 592
  • 1998Amended · Pub. L. 105-178 · 112 Stat. 235

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-87 on 1973-08-13.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case