r/title-23-HIGHWAYS wiki — defined terms
The statute’s own glossary: every term Title 23 defines, in section order.
“alcoholic beverage” applies in that section
the term “alcoholic beverage” means— (1) beer as defined in section 5052(a) of the Internal Revenue Code of 1986, (2) wine of not less than one-half of 1 per centum of alcohol by volume, or (3) distilled spirits as defined in section 5002(a)(8) of such Code.
“convicted” applies in that section
The term “convicted” includes adjudicated under juvenile proceedings.
“driver’s license” applies in that section
The term “driver’s license” means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highways. (2) Drug offense .—
“drug offense” applies in that section
The term “drug offense” means any criminal offense which proscribes— (A) the possession, distribution, manufacture, cultivation, sale, transfer, or the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer any substance the possession of which is prohibited under the Controlled Substances Act; or (B) the operation of a motor vehicle under the influence of such a substance. (3) Convicted .—
“24-7 sobriety program” applies in that section
The term “24-7 sobriety program” has the meaning given the term in section 405(d)(7)(A). (2) Alcohol concentration .—
“alcohol concentration” applies in that section
The term “alcohol concentration” means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (3) Driving while intoxicated; driving under the influence .—
“driving under the influence” applies in that section
The terms “driving while intoxicated” and “driving under the influence” mean driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State. (4) Motor vehicle .—
“driving while intoxicated” applies in that section
The terms “driving while intoxicated” and “driving under the influence” mean driving or being in actual physical control of a motor vehicle while having an alcohol concentration above the permitted limit as established by each State. (4) Motor vehicle .—
“motor vehicle” applies in that section
The term “motor vehicle” means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle. (5) Repeat intoxicated driver law .—
“repeat intoxicated driver law” applies in that section
The term “repeat intoxicated driver law” means a State law or combination of laws or programs that provides, as a minimum penalty, that an individual convicted of a second or subsequent offense for driving while intoxicated or driving under the influence after a previous conviction for that offense shall— (A) receive, for a period of not less than 1 year— (i) a suspension of all driving privileges; (ii) a restriction on driving privileges that limits the individual to operating only motor vehicles with an ignition interlock device installed, unless a special exception applies; (iii) a restriction on driving privileges that limits the individual to operating motor vehicles only if …
“special exception” applies in that section
The term “special exception” means an exception under a State alcohol-ignition interlock law for the following circumstances: (A) The individual is required to operate an employer’s motor vehicle in the course and scope of employment and the business entity that owns the vehicle is not owned or controlled by the individual. (B) The individual is certified by a medical doctor as being unable to provide a deep lung breath sample for analysis by an ignition interlock device.
“territory” applies in that section
the term “territory” means any of the following territories of the United States: (A) American Samoa. (B) The Commonwealth of the Northern Mariana Islands. (C) Guam. (D) The United States Virgin Islands.
“alternative fuel vehicle” applies in that section
The term “alternative fuel vehicle” means a vehicle that is solely operating on— (A) methanol, denatured ethanol, or other alcohols; (B) a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels; (C) natural gas; (D) liquefied petroleum gas; (E) hydrogen; (F) coal derived liquid fuels; (G) fuels (except alcohol) derived from biological materials; (H) electricity (including electricity from solar energy); or (I) any other fuel that the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits, including fuels regulated under section …
“HOV facility” applies in that section
The term “HOV facility” means a high occupancy vehicle facility. (3) Low emission and energy-efficient vehicle .—
“low emission and energy-efficient vehicle” applies in that section
The term “low emission and energy-efficient vehicle” means a vehicle that— (A) has been certified by the Administrator as meeting the Tier II emission level established in regulations prescribed by the Administrator under section 202(i) of the Clean Air Act ( 42 U.S.C.
“minimum average operating speed” applies in that section
the term “minimum average operating speed” means— (i) 45 miles per hour, in the case of a HOV facility with a speed limit of 50 miles per hour or greater; and (ii) not more than 10 miles per hour below the speed limit, in the case of a HOV facility with a speed limit of less than 50 miles per hour. (B) Standard for determining degraded facility .— For purposes of paragraph (1), the operation of a HOV facility shall be considered to be degraded if vehicles operating on the facility are failing to maintain a minimum average operating speed 90 percent of the time over a consecutive 180-day period during morning or evening weekday peak hour periods (or both).
“over-the-road bus” applies in that section
The term “over-the-road bus” has the meaning given the term in section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 ). (5) Public authority .— The term “public authority” as used with respect to a HOV facility, means a State, interstate compact of States, public entity designated by a State, or local government having jurisdiction over the operation of the facility. (6) Public transportation vehicle .—
“public transportation vehicle” applies in that section
The term “public transportation vehicle” means a vehicle that— (A) provides designated public transportation (as defined in section 221 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12141 ) or provides public school transportation (to and from public or private primary, secondary, or tertiary schools); and (B) (i) is owned or operated by a public entity; (ii) is operated under a contract with a public entity; or (iii) is operated pursuant to a license by the Secretary or a public authority to provide motorbus or school vehicle transportation services to the public.
“intelligent freight transportation system” applies in that section
the term “intelligent freight transportation system” means— (A) innovative or intelligent technological transportation systems, infrastructure, or facilities, including elevated freight transportation facilities— (i) in proximity to, or within, an existing right of way on a Federal-aid highway; or (ii) that connect land ports-of entry 1 to existing Federal-aid highways; or (B) communications or information processing systems that improve the efficiency, security, or safety of freight movements on the Federal-aid highway system, including to improve the conveyance of freight on dedicated intelligent freight lanes.
“environmental review process” applies in that section
The term “environmental review process” has the meaning given the term in section 139(a). (2) Lead agency .—
“lead agency” applies in that section
The term “lead agency” has the meaning given the term in section 139(a). (3) Planning product .—
“planning product” applies in that section
The term “planning product” means a decision, analysis, study, or other documented information that is the result of an evaluation or decisionmaking process carried out by a metropolitan planning organization or a State, as appropriate, during metropolitan or statewide transportation planning under section 134 or 135, respectively. (4) Project .—
“project” applies in that section
The term “project” has the meaning given the term in section 139(a). (5) Project sponsor .—
“project sponsor” applies in that section
The term “project sponsor” has the meaning given the term in section 139(a). (6) Relevant agency .—
“relevant agency” applies in that section
The term “relevant agency” means the agency with authority under subparagraph (A) or (B) of subsection (b)(1). (b) Adoption or Incorporation by Reference of Planning Products for Use in NEPA Proceedings.— (1) In general .— Subject to subsection (d) and to the maximum extent practicable and appropriate, the following agencies may adopt or incorporate by reference and use a planning product in proceedings relating to any class of action in the environmental review process of the project: (A) The lead agency for a project, with respect to an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of …
“covered funds” applies in that section
The term “covered funds” means any amounts apportioned to a State under section 104(b), other than amounts suballocated to metropolitan areas and other areas of the State under section 133(d), but including any such amounts required to be set aside for a purpose other than the repair or replacement of a transportation facility under this section. (2) Transportation facility .—
“transportation facility” applies in that section
The term “transportation facility” means any facility eligible for assistance under section 125.
“program” applies in that section
The term “program” means the program established under subsection (b)(1). (2) Rural area .—
“rural area” applies in that section
The term “rural area” means an area that is outside an urbanized area with a population of over 200,000. (b) Establishment.— (1) In general .— The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in rural areas. (2) Goals .— The goals of the program shall be— (A) to increase connectivity; (B) to improve the safety and reliability of the movement of people and freight; and (C) to generate regional economic growth and improve quality of life.
“metropolitan planning organization” applies in that section
The terms “metropolitan planning organization” and “urbanized area” have the meaning given those terms in section 134(b). (2) Transportation emissions .—
“transportation emissions” applies in that section
The term “transportation emissions” means carbon dioxide emissions from on-road highway sources of those emissions within a State. (3) Transportation management area .—
“transportation management area” applies in that section
The term “transportation management area” means a transportation management area identified or designated by the Secretary under section 134(k)(1). (b) Establishment .— The Secretary shall establish a carbon reduction program to reduce transportation emissions.
“urbanized area” applies in that section
The terms “metropolitan planning organization” and “urbanized area” have the meaning given those terms in section 134(b). (2) Transportation emissions .—
“eligible entity” applies in that section
the term “eligible entity” means any of the following: (I) A State (including the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes. (II) A political subdivision of a State described in subclause (I). (III) A metropolitan planning organization in a State described in subclause (I). (IV) A unit of local government in a State described in subclause (I). (V) A special purpose district or public authority with a transportation function, including a port authority, in a State described in subclause (I).
“emergency event” applies in that section
The term “emergency event” means a natural disaster or catastrophic failure resulting in— (A) an emergency declared by the Governor of the State in which the disaster or failure occurred; or (B) an emergency or disaster declared by the President. (2) Evacuation route .—
“evacuation route” applies in that section
The term “evacuation route” means a transportation route or system that— (A) is owned, operated, or maintained by a Federal, State, Tribal, or local government; (B) is used— (i) to transport the public away from emergency events; or (ii) to transport emergency responders and recovery resources; and (C) is designated by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph (B). (3) Program .—
“program” applies in that section
The term “program” means the program established under subsection (b)(1). (4) Resilience improvement .—
“resilience improvement” applies in that section
The term “resilience improvement” means the use of materials or structural or nonstructural techniques, including natural infrastructure— (A) that allow a project— (i) to better anticipate, prepare for, and adapt to changing conditions and to withstand and respond to disruptions; and (ii) to be better able to continue to serve the primary function of the project during and after weather events and natural disasters for the expected life of the project; or (B) that— (i) reduce the magnitude and duration of impacts of current and future weather events and natural disasters to a project; or (ii) have the absorptive capacity, adaptive capacity, and recoverability to decrease project …
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Federal Highway Administration. (2) Eligible entity .—
“eligible entity” applies in that section
The term “eligible entity” means— (A) a State; (B) a unit of local government; (C) a political subdivision of a State; (D) a territory of the United States; (E) an entity described in section 207(m)(1)(E); (F) a recipient of funds under section 203; or (G) a metropolitan planning organization (as defined in section 134(b)(2)). (3) Environmental review process .—
“environmental review process” applies in that section
The term “environmental review process” has the meaning given the term in section 139(a)(5). (4) Proposed project .—
“proposed project” applies in that section
The term “proposed project” means a surface transportation project for which an environmental review process is required.
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Federal Highway Administration. (2) Eligible recipient .—
“eligible recipient” applies in that section
The term “eligible recipient” means— (A) a State; (B) a unit of local government; (C) a political subdivision of a State; (D) a territory of the United States; (E) an entity described in section 207(m)(1)(E); (F) a recipient of funds under section 203; (G) a metropolitan planning organization (as defined in section 134(b)(2)); or (H) a special purpose district or public authority with a transportation function. (3) Greenhouse gas .—
“greenhouse gas” applies in that section
The term “greenhouse gas” means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.
“environmental document” applies in that section
The term “environmental document” means an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (B) Project .—
“project” applies in that section
The term “project” means a highway project, public transportation capital project, or multimodal project that— (i) receives funds under this title; and (ii) is authorized under this section or section 204. (C) Project sponsor .—
“project sponsor” applies in that section
The term “project sponsor” means the Federal land management agency that seeks or receives funds under this title for a project. (2) Environmental review to be completed by federal highway administration .— The Federal Highway Administration may prepare an environmental document pursuant to the implementing procedures of the Federal Highway Administration to comply with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) if— (A) requested by a project sponsor; and (B) all areas of analysis required by the project sponsor can be addressed.
“motorized recreation” applies in that section
The term “motorized recreation” means off-road recreation using any motor-powered vehicle, except for a motorized wheelchair. (2) Recreational trail .—
“recreational trail” applies in that section
The term “recreational trail” means a thoroughfare or track across land or snow, used for recreational purposes such as— (A) pedestrian activities, including wheelchair use; (B) skating or skateboarding; (C) equestrian activities, including carriage driving; (D) nonmotorized snow trail activities, including skiing; (E) bicycling or use of other human-powered vehicles; (F) aquatic or water activities; and (G) motorized vehicular activities, including all-terrain vehicle riding, motorcycling, snowmobiling, use of off-road light trucks, or use of other off-road motorized vehicles.
“compact” applies in that section
The term “compact” means a compact between the Secretary and an Indian tribe entered into under subsection (c). (B) Department .—
“Department” applies in that section
The term “Department” means the Department of Transportation. (C) Eligible indian tribe .—
“eligible Indian tribe” applies in that section
The term “eligible Indian tribe” means an Indian tribe that is eligible to participate in the program, as determined under subsection (b). (D) Funding agreement .—
“funding agreement” applies in that section
The term “funding agreement” means a funding agreement between the Secretary and an Indian tribe entered into under subsection (d). (E) Indian tribe .—
“Indian tribe” applies in that section
The term “Indian tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
“program” applies in that section
The term “program” means the tribal transportation self-governance program established under this section. (G) Secretary .—
“Secretary” applies in that section
The term “Secretary” means the Secretary of Transportation. (H) Transportation programs .—
“transportation programs” applies in that section
The term “transportation programs” means all programs administered or financed by the Department under this title and chapter 53 of title 49. (2) Applicability of other definitions .— In this section, the definitions set forth in sections 4 and 501 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ; 5381) apply, except as otherwise expressly provided in this section. (n) Regulations.— (1) In general.— (A) Promulgation .— Not later than 90 days after the date of enactment of the FAST Act, the Secretary shall initiate procedures under subchapter III of chapter 5 of title 5 to negotiate and promulgate such regulations as are necessary to carry out this section.
“primary, middle, and high schools” applies in that section
The term “primary, middle, and high schools” means schools providing education from kindergarten through 12th grade. (b) Establishment .— Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary, middle, and high schools.
“bicycle transportation facility” applies in that section
The term “bicycle transportation facility” means a new or improved lane, path, or shoulder for use by bicyclists and a traffic control device, shelter, or parking facility for bicycles. (2) Electric bicycle.— (A) In general .—
“class 1 electric bicycle” applies in that section
the term “class 1 electric bicycle” means an electric bicycle, other than a class 3 electric bicycle, equipped with a motor that— (I) provides assistance only when the rider is pedaling; and (II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 20 miles per hour. (ii) Class 2 electric bicycle .— For purposes of subparagraph (A)(iii),
“class 2 electric bicycle” applies in that section
the term “class 2 electric bicycle” means an electric bicycle equipped with a motor that— (I) may be used exclusively to propel the bicycle; and (II) is not capable of providing assistance when the speed of the bicycle reaches or exceeds 20 miles per hour. (iii) Class 3 electric bicycle .— For purposes of subparagraph (A)(iii),
“class 3 electric bicycle” applies in that section
the term “class 3 electric bicycle” means an electric bicycle equipped with a motor that— (I) provides assistance only when the rider is pedaling; and (II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 28 miles per hour. (3) Pedestrian .—
“electric bicycle” applies in that section
The term “electric bicycle” means a bicycle— (i) equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts; (ii) that can safely share a bicycle transportation facility with other users of such facility; and (iii) that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle. (B) Classes of electric bicycles.— (i) Class 1 electric bicycle .— For purposes of subparagraph (A)(iii),
“pedestrian” applies in that section
The term “pedestrian” means any person traveling by foot and any mobility-impaired person using a wheelchair. (4) Wheelchair .—
“wheelchair” applies in that section
The term “wheelchair” means a mobility aid, usable indoors, and designed for and used by individuals with mobility impairments, whether operated manually or motorized.
“Alaska Marine Highway System” applies in that section
the term “Alaska Marine Highway System” includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, operation, repair, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads. (d) Notwithstanding any other provision of law, a project assisted under this section in the State of Alaska shall be treated as a project on a Federal-aid highway under chapter 1.
“eligible project costs” applies in that section
The term “eligible project costs”— (A) means the capital cost of the fixed guideway infrastructure of a MAGLEV project, including land, piers, guideways, propulsion equipment and other components attached to guideways, power distribution facilities (including substations), control and communications facilities, access roads, and storage, repair, and maintenance facilities, but not including costs incurred for a new station; and (B) includes the costs of preconstruction planning activities. (2) Full project costs .—
“full project costs” applies in that section
The term “full project costs” means the total capital costs of a MAGLEV project, including eligible project costs and the costs of stations, vehicles, and equipment. (3) MAGLEV.—
“MAGLEV” applies in that section
The term “MAGLEV” means transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour. (4) Partnership potential .—
“partnership potential” applies in that section
The term “partnership potential” has the meaning given the term in the commercial feasibility study of high-speed ground transportation conducted under section 1036 of the Intermodal Surface Transportation Efficiency Act of 1991 ( 105 Stat. 1978 ). (b) Financial Assistance.— (1) In general .— The Secretary shall make available financial assistance to pay the Federal share of full project costs of eligible projects selected under this section. Financial assistance made available under this section and projects assisted with the assistance shall be subject to section 5333(a) of title 49 , United States Code.
“alternative environmental review and approval procedures” applies in that section
the term “alternative environmental review and approval procedures” means— (A) substitution of 1 or more State environmental laws for— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); (ii) any provisions of section 139 establishing procedures for the implementation of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) that are under the authority of the Secretary, as the Secretary, in consultation with the State, considers appropriate; and (iii) related regulations and Executive orders; and (B) substitution of 1 or more State environmental regulations for— (i) the National Environmental Policy Act of 1969 ( 42 U.S.C.
“Chair” applies in that section
The term “Chair” means the Chair of the Council on Environmental Quality. (2) Multimodal project .—
“multimodal project” applies in that section
The term “multimodal project” has the meaning given that term in section 139(a). (3) Program .—
“program” applies in that section
The term “program” means the pilot program established under this section. (4) Project .—
“project” applies in that section
The term “project” means— (A) a project requiring approval under this title, chapter 53 of subtitle III of title 49, or subtitle V of title 49; and (B) a multimodal project.
“eligible project or activity” applies in that section
the term “eligible project or activity” means a project or activity within an existing operational right-of-way (as defined in section 771.117(c)(22) of title 23, Code of Federal Regulations (or successor regulations))— (i) (I) eligible for assistance under this title; or (II) administered as if made available under this title; (ii) that is— (I) a preventive maintenance, preservation, or highway safety improvement project (as defined in section 148(a)); or (II) a new turn lane that the State advises in writing to the Secretary would assist public safety; and (iii) that— (I) is classified as a categorical exclusion under section 771.117 of title 23, Code of Federal Regulations (or successor …
“relevant agency” applies in that section
The term “relevant agency” means a Federal agency, other than the Federal Highway Administration, with responsibility for review of an application from a State for a permit, approval, or jurisdictional determination for an eligible project or activity. (b) Action Required.— (1) In general .— Subject to paragraph (2), not later than 45 days after the date of receipt of an application by a State for a permit, approval, or jurisdictional determination for an eligible project or activity, the head of the relevant agency shall— (A) make at least a preliminary evaluation of the application; and (B) notify the State of the results of the preliminary evaluation under subparagraph (A).
“State” applies throughout its chapter
the term “State” means any one of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
“automated traffic enforcement system” applies in that section
the term “automated traffic enforcement system” means any camera which captures an image of a vehicle for the purposes only of red light and speed enforcement, and does not include hand held radar and other devices operated by law enforcement officers to make an on-the-scene traffic stop, issue a traffic citation, or other enforcement action at the time of the violation. (B) Prohibition .— A State may not expend funds apportioned to that State under this section to carry out a program to purchase, operate, or maintain an automated traffic enforcement system.
“Governor of a State” applies in that section
the terms “State” and “Governor of a State” include the Secretary of the Interior and
“Indian country” applies in that section
the term “Indian country” means— (A) all land within the limits of any Indian reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent and including rights-of-way running through the reservation; (B) all dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory thereof and whether within or without the limits of a State; and (C) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.
“political subdivision of a State” applies in that section
the term “political subdivision of a State” includes an Indian tribe. (2) Expenditures for local highway programs .— Notwithstanding subsection (b)(1)(C), 95 percent of the funds apportioned to the Secretary of the Interior under this section shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions. (3) Access for individuals with disabilities .— The requirements of subsection (b)(1)(D) shall be applicable to Indian tribes, except to those tribes with respect to which the Secretary determines that application of such provisions would not be practicable. (4) Indian country defined .— In this subsection,
“public road” applies in that section
the term “public road” means any road that is— (i) subject to the jurisdiction of, and maintained by, a public authority; and (ii) held open to public travel. (B) Apportionment.— (i) In general .— Except for the amounts identified in section 403(f) and the amounts subject to subparagraph (C), of the funds made available under this section— (I) 75 percent shall be apportioned to each State based on the ratio that, as determined by the most recent decennial census— (aa) the population of the State; bears to (bb) the total population of all States; and (II) 25 percent shall be apportioned to each State based on the ratio that, subject to clause (ii)— (aa) the public road mileage in each State; …
“State” applies in that section
the terms “State” and “Governor of a State” include the Secretary of the Interior and
“alcohol-impaired driving” applies in that section
The term “alcohol-impaired driving” means the operation of a motor vehicle (as defined in section 30102(a) of title 49 ) by an individual whose blood alcohol content is at or above the legal limit. (B) Legal limit .—
“Federal laboratory” applies in that section
the term “Federal laboratory” includes— (1) a government-owned, government-operated laboratory; and (2) a government-owned, contractor-operated laboratory. (b) General Authority.— (1) Research and development activities .— The Secretary may conduct research and development activities, including demonstration projects, training, education, and the collection and analysis of highway and motor vehicle safety data and related information needed to carry out this section, with respect to— (A) all aspects of highway and traffic safety systems and conditions relating to— (i) vehicle, highway, driver, passenger, motorcyclist, bicyclist, and pedestrian characteristics; (ii) crash causation and …
“legal limit” applies in that section
The term “legal limit” means a blood alcohol concentration of 0.08 percent or greater (as set forth in section 163(a)) or such other percentage limitation as may be established by applicable Federal, State, or local law. (2) In general .— The Administrator of the National Highway Traffic Safety Administration shall carry out a collaborative research effort under chapter 301 of title 49 on in-vehicle technology to prevent alcohol-impaired driving. (3) Funding .— The Secretary shall obligate from funds made available to carry out this section for the period covering fiscal years 2022 through 2025, not more than $45,000,000 to conduct the research described in paragraph (2).
“motor vehicle” applies in that section
The term “motor vehicle” has the meaning given the term in section 30102(a) of title 49 . (B) Open recall .—
“open recall” applies in that section
The term “open recall” means a motor vehicle recall— (i) for which a notification by a manufacturer has been provided under section 30119 of title 49 ; and (ii) that has not been remedied under section 30120 of that title. (C) Program .—
“program” applies in that section
The term “program” means the program established under paragraph (2)(A). (D) Registration .—
“registration” applies in that section
The term “registration” means the process for registering a motor vehicle in a State (including registration renewal). (E) State .—
“State” applies in that section
The term “State” has the meaning given the term in section 101(a). (2) Grants.— (A) Establishment of program .— Not later than 2 years after the date of enactment of this subsection, the Secretary shall establish a program under which the Secretary shall provide grants to States for use in developing and implementing State processes for informing each applicable owner and lessee of a motor vehicle of any open recall on the motor vehicle at the time of registration of the motor vehicle in the State, in accordance with this paragraph.
“campaign” applies in that section
The term “campaign” means a high-visibility traffic safety law enforcement campaign. (2) State .—
“State” applies in that section
The term “State” has the meaning given that term in section 401.
“24-7 sobriety program” applies in that section
The term “24-7 sobriety program” means a State law or program that authorizes a State or local court or an agency with jurisdiction, as a condition of bond, sentence, probation, parole, or work permit, to— (i) require an individual who was arrested for, plead guilty to, or was convicted of driving under the influence of alcohol or drugs to totally abstain from alcohol or drugs for a period of time; and (ii) require the individual to be subject to testing for alcohol or drugs— (I) at least twice per day at a testing location; (II) by continuous transdermal alcohol monitoring via an electronic monitoring device; or (III) by an alternate method with the concurrence of the Secretary.
“average impaired driving fatality rate” applies in that section
The term “average impaired driving fatality rate” means the number of fatalities in motor vehicle crashes involving a driver with a blood alcohol concentration of at least 0.08 percent for every 100,000,000 vehicle miles traveled, based on the most recently reported 3 calendar years of final data from the Fatality Analysis Reporting System, as calculated in accordance with regulations prescribed by the Administrator of the National Highway Traffic Safety Administration. (C) High-range state .—
“child restraint” applies in that section
The term “child restraint” means any device (including child safety seat, booster seat, harness, and excepting seat belts) that is— (i) designed for use in a motor vehicle to restrain, seat, or position children who weigh 65 pounds (30 kilograms) or less; and (ii) certified to the Federal motor vehicle safety standard prescribed by the National Highway Traffic Safety Administration for child restraints. (B) Seat belt .—
“driving” applies in that section
The term “driving”— (i) means operating a motor vehicle on a public road; and (ii) does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary. (B) Personal wireless communications device.— (i) In general .—
“high-range State” applies in that section
The term “high-range State” means a State that has an average impaired driving fatality rate of 0.60 or higher. (D) Low-range state .—
“low-range State” applies in that section
The term “low-range State” means a State that has an average impaired driving fatality rate of 0.30 or lower. (E) Mid-range state .—
“mid-range State” applies in that section
The term “mid-range State” means a State that has an average impaired driving fatality rate that is higher than 0.30 and lower than 0.60. (e) Distracted Driving Grants.— (1) Definitions .— In this subsection: (A) Driving .—
“motorcyclist awareness” applies in that section
The term “motorcyclist awareness” means individual or collective awareness of— (i) the presence of motorcycles on or near roadways; and (ii) safe driving practices that avoid injury to motorcyclists. (B) Motorcyclist awareness program .—
“motorcyclist awareness program” applies in that section
The term “motorcyclist awareness program” means an informational or public awareness program designed to enhance motorcyclist awareness that is developed by or in coordination with the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the governor of the State. (C) Motorcyclist safety training .—
“motorcyclist safety training” applies in that section
The term “motorcyclist safety training” means a formal program of instruction that is approved for use in a State by the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State motorcycle safety administrator or a motorcycle advisory council appointed by the governor of the State. (D) State .—
“nonmotorized road user” applies in that section
the term “nonmotorized road user” means— (A) a pedestrian; (B) an individual using a nonmotorized mode of transportation, including a bicycle, a scooter, or a personal conveyance; and (C) an individual using a low-speed or low-horsepower motorized vehicle, including an electric bicycle, electric scooter, personal mobility assistance device, personal transporter, or all-terrain vehicle. (2) General authority .— Subject to the requirements under this subsection, the Secretary shall award grants to States for the purpose of decreasing nonmotorized road user fatalities involving a motor vehicle in transit on a trafficway.
“peace officer” applies in that section
the term “peace officer” includes any individual— (A) who is an elected, appointed, or employed agent of a government entity; (B) who has the authority— (i) to carry firearms; and (ii) to make warrantless arrests; and (C) whose duties involve the enforcement of criminal laws of the United States. (2) Grants .— Subject to the requirements of this subsection, the Secretary shall provide grants to— (A) States that enact or adopt a law or program described in paragraph (4); and (B) qualifying States under paragraph (7). (3) Federal share .— The Federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed 80 percent.
“personal wireless communications device” applies in that section
The term “personal wireless communications device” means— (I) a device through which personal wireless services (as defined in section 332(c)(7)(C) of the Communications Act of 1934 ( 47 U.S.C. 332(c)(7)(C) )) are transmitted; and (II) a mobile telephone or other portable electronic communication device with which a user engages in a call or writes, sends, or reads a text message using at least 1 hand. (ii) Exclusion .— The term “personal wireless communications device” does not include a global navigation satellite system receiver used for positioning, emergency notification, or navigation purposes. (C) Primary offense .—
“primary offense” applies in that section
The term “primary offense” means an offense for which a law enforcement officer may stop a vehicle solely for the purpose of issuing a citation in the absence of evidence of another offense. (D) Public road .—
“public road” applies in that section
The term “public road” has the meaning given such term in section 402(c). (E) Text .—
“qualifying State” applies in that section
the term “qualifying State” means a State that— (i) has received a grant under this subsection for a period of not more than 5 years; and (ii) as determined by the Secretary— (I) has not fully enacted or adopted a law or program described in paragraph (4); but (II) (aa) has taken meaningful steps toward the full implementation of such a law or program; and (bb) has established a timetable for the implementation of such a law or program.
“seat belt” applies in that section
The term “seat belt” means— (i) with respect to open-body motor vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and (ii) with respect to other motor vehicles, an occupant restraint system consisting of integrated lap and shoulder belts.
“State” applies in that section
The term “State” has the meaning given such term in section 101(a) of title 23 , United States Code. (6) Share-the-road model language .— Not later than 1 year after the date of enactment of this paragraph, the Secretary shall update and provide to the States model language, for use in traffic safety education courses, driver’s manuals, and other driver training materials, that provides instruction for drivers of motor vehicles on the importance of sharing the road safely with motorcyclists. (g) Nonmotorized Safety.— (1) Definition of nonmotorized road user .— In this subsection,
“text” applies in that section
The term “text” means— (i) to read from, or manually to enter data into, a personal wireless communications device, including for the purpose of SMS texting, emailing, instant messaging, or any other form of electronic data retrieval or electronic data communication; and (ii) manually to enter, send, or retrieve a text message to communicate with another individual or device. (F) Text message.— (i) In general .—
“text message” applies in that section
The term “text message” means— (I) a text-based message; (II) an instant message; (III) an electronic message; and (IV) email. (ii) Exclusions .— The term “text message” does not include— (I) an emergency, traffic, or weather alert; or (II) a message relating to the operation or navigation of a motor vehicle. (2) Grant program .— The Secretary shall provide a grant under this subsection to any State that includes distracted driving awareness as part of the driver’s license examination of the State.
“funded project” applies in that section
the term “funded project” means a project funded, in whole or in part, by a grant provided under section 402 or 405. (b) Regulatory Authority .— Each funded project shall be carried out in accordance with applicable regulations promulgated by the Secretary.
“Federal laboratory” applies throughout its chapter
The term “Federal laboratory” includes a Government-owned, Government-operated laboratory and a Government-owned, contractor-operated laboratory. (2) Incident .—
“incident” applies throughout its chapter
The term “incident” means a crash, natural disaster, workzone activity, special event, or other emergency road user occurrence that adversely affects or impedes the normal flow of traffic. (3) Innovation lifecycle .—
“innovation lifecycle” applies throughout its chapter
The term “innovation lifecycle” means the process of innovating through— (A) the identification of a need; (B) the establishment of the scope of research to address that need; (C) setting an agenda; (D) carrying out research, development, deployment, and testing of the resulting technology or innovation; and (E) carrying out an evaluation of the costs and benefits of the resulting technology or innovation. (4) Intelligent transportation infrastructure .—
“intelligent transportation infrastructure” applies throughout its chapter
The term “intelligent transportation infrastructure” means fully integrated public sector intelligent transportation system components, as defined by the Secretary. (5) Intelligent transportation system .—
“intelligent transportation system” applies throughout its chapter
The terms “intelligent transportation system” and “ITS” mean electronics, photonics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system. (6) National architecture .— For purposes of this chapter,
“ITS” applies throughout its chapter
The terms “intelligent transportation system” and “ITS” mean electronics, photonics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system. (6) National architecture .— For purposes of this chapter,
“national architecture” applies throughout its chapter
the term “national architecture” means the common framework for interoperability that defines— (A) the functions associated with intelligent transportation system user services; (B) the physical entities or subsystems within which the functions reside; (C) the data interfaces and information flows between physical subsystems; and (D) the communications requirements associated with the information flows. (7) Project .—
“project” applies throughout its chapter
The term “project” means an undertaking to research, develop, or operationally test intelligent transportation systems or any other undertaking eligible for assistance under this chapter. (8) Safety .—
“safety” applies throughout its chapter
The term “safety” includes highway and traffic safety systems, research, and development relating to vehicle, highway, driver, passenger, bicyclist, and pedestrian characteristics, accident investigations, communications, emergency medical care, and transportation of the injured. (9) Standard .—
“standard” applies throughout its chapter
The term “standard” means a document that— (A) contains technical specifications or other precise criteria for intelligent transportation systems that are to be used consistently as rules, guidelines, or definitions of characteristics so as to ensure that materials, products, processes, and services are fit for the intended purposes of the materials, products, processes, and services; and (B) may support the national architecture and promote— (i) the widespread use and adoption of intelligent transportation system technology as a component of the surface transportation systems of the United States; and (ii) interoperability among intelligent transportation system technologies implemented …
“related entity” applies throughout its chapter
the term “related entity” means a contractor, subcontractor (at any tier), supplier, user, customer, cooperating party, grantee, investigator, or detailee. (ii) Financial responsibility .— A participant shall obtain liability insurance or demonstrate financial responsibility, in amounts determined by the Secretary, for claims by— (I) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with participation in a competition, with the Federal Government named as an additional insured under the registered participant’s insurance policy and registered participants agreeing to indemnify the Federal Government against third party …
“advanced transportation and congestion management technologies” applies in that section
The term “advanced transportation and congestion management technologies” means technologies that improve the efficiency, safety, or state of good repair of surface transportation systems, including intelligent transportation systems. (iii) Multijurisdictional group .—
“eligible entity” applies in that section
The term “eligible entity” means a State or local government, a transit agency, metropolitan planning organization, or other political subdivision of a State or local government or a multijurisdictional group or a consortia of research institutions or academic institutions. (ii) Advanced and congestion management transportation technologies .—
“highly automated vehicle” applies in that section
The term “highly automated vehicle” means a motor vehicle that— (I) has a taxable gross weight (as defined in section 41.4482(b)–1 of title 26, Code of Federal Regulations (or successor regulations)) of 10,000 pounds or less; and (II) is equipped with a Level 3, Level 4, or Level 5 automated driving system (as defined in the SAE International Recommended Practice numbered J3016 and dated June 15, 2018 (or a subsequent standard adopted by the Secretary)). (ii) New mobility .—
“institution” applies in that section
the term “institution” means a private sector entity, public agency, research university or other research institution, or organization representing transportation and technology leaders or other transportation stakeholders that, as determined by the Secretary, is capable of working with State highway agencies, the Federal Highway Administration, and the highway construction industry to develop and evaluate new products, design technologies, and construction methods that quickly lead to pavement improvements.
“lifecycle costs analysis” applies in that section
the term “lifecycle costs analysis” means a process for evaluating the total economic worth of a usable project segment by analyzing initial costs and discounted future costs, such as maintenance, user, reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of the project segment. (ii) Study .— The Comptroller General shall conduct a study of the best practices for calculating lifecycle costs and benefits for federally funded highway projects, which shall include, at a minimum, a thorough literature review and a survey of current lifecycle cost practices of State departments of transportation.
“multijurisdictional group” applies in that section
The term “multijurisdictional group” means any combination of State governments, local governments, metropolitan planning agencies, transit agencies, or other political subdivisions of a State for which each member of the group— (I) has signed a written agreement to implement the advanced transportation technologies deployment initiative across jurisdictional boundaries; and (II) is an eligible entity under this paragraph.
“new mobility” applies in that section
The term “new mobility” includes shared services such as— (I) docked and dockless bicycles; (II) docked and dockless electric scooters; and (III) transportation network companies. (B) Establishment .— Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021, the Secretary shall establish a Center of Excellence to collect, conduct, and fund research on the impacts of new mobility and highly automated vehicles on land use, urban design, transportation, real estate, equity, and municipal budgets.
“institution of higher education” applies in that section
The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (B) Local educational agency .—
“local educational agency” applies in that section
The term “local educational agency” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965. (C) State educational agency .—
“State educational agency” applies in that section
The term “State educational agency” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965. (e) Surface Transportation Workforce Development, Training, and Education.— (1) Funding .— Subject to project approval by the Secretary, a State may obligate funds apportioned to the State under paragraphs (1) through (4) of section 104(b) for surface transportation workforce development, training, and education, including— (A) tuition and direct educational expenses, excluding salaries, in connection with the education and training of employees of State and local transportation agencies; (B) employee professional development; (C) student internships; …
“surface transportation workforce development, training, and education” applies in that section
the term “surface transportation workforce development, training, and education” means activities associated with surface transportation career awareness, student transportation career preparation, and training and professional development for surface transportation workers, including— (A) activities for women and minorities; (B) activities that address current workforce gaps, such as work on construction projects, of State and local transportation agencies; (C) activities to develop a robust surface transportation workforce with new skills resulting from emerging transportation technologies; and (D) activities to attract new sources of job-creating investment.
“eligible entity” applies in that section
The term “eligible entity” means a State or local government, tribal government, transit agency, public toll authority, metropolitan planning organization, other political subdivision of a State or local government, or a multistate or multijurisdictional group applying through a single lead applicant. (2) Multijurisdictional group .—
“multijurisdictional group” applies in that section
The term “multijurisdictional group” means a combination of State governments, local governments, metropolitan planning agencies, transit agencies, or other political subdivisions of a State that— (A) have signed a written agreement to implement an activity that meets the grant criteria under this section; and (B) is comprised of at least 2 members, each of whom is an eligible entity. (b) Purpose .— The purpose of this section is to develop, administer, communicate, and promote the use of products of research, technology, and technology transfer programs.
“Center of Excellence” applies in that section
the term “Center of Excellence” means a Center of Excellence for Resilience and Adaptation designated under subsection (b). (b) Designation .— The Secretary shall designate 10 regional Centers of Excellence for Resilience and Adaptation and 1 national Center of Excellence for Resilience and Adaptation, which shall serve as a coordinator for the regional Centers, to receive grants to advance research and development that improves the resilience of regions of the United States to natural disasters and extreme weather by promoting the resilience of surface transportation infrastructure and infrastructure dependent on surface transportation.
“contingent commitment” applies in that section
The term “contingent commitment” means a commitment to obligate an amount from future available budget authority that is— (A) contingent on those funds being made available in law at a future date; and (B) not an obligation of the Federal Government. (2) Eligible project costs .—
“eligible project costs” applies in that section
The term “eligible project costs” means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost of— (A) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; (B) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition of equipment; (C) capitalized interest necessary to meet market requirements, …
“Federal credit instrument” applies in that section
The term “Federal credit instrument” means a secured loan, loan guarantee, or line of credit authorized to be made available under the TIFIA program with respect to a project. (4) Investment-grade rating .—
“investment-grade rating” applies in that section
The term “investment-grade rating” means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations. (5) Lender .—
“lender” applies in that section
The term “lender” means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 ( 15 U.S.C. 77a et seq.)), including— (A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and (B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. (6) Letter of interest .—
“letter of interest” applies in that section
The term “letter of interest” means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the TIFIA program that— (A) describes the project and the location, purpose, and cost of the project; (B) outlines the proposed financial plan, including the requested credit assistance and the proposed obligor; (C) provides a status of environmental review; and (D) provides information regarding satisfaction of other eligibility requirements of the TIFIA program. (7) Line of credit .—
“limited buydown” applies in that section
The term “limited buydown” means, subject to the conditions described in section 603(b)(4)(C), a buydown of the interest rate by the obligor if the interest rate has increased between— (A) (i) the date on which a project application acceptable to the Secretary is submitted; or (ii) the date on which the Secretary entered into a master credit agreement; and (B) the date on which the Secretary executes the Federal credit instrument. (9) Loan guarantee .—
“line of credit” applies in that section
The term “line of credit” means an agreement entered into by the Secretary with an obligor under section 604 to provide a direct loan at a future date upon the occurrence of certain events. (8) Limited buydown .—
“loan guarantee” applies in that section
The term “loan guarantee” means any guarantee or other pledge by the Secretary to pay all or part of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender. (10) Master credit agreement .—