Page 177 TITLE 23—HIGHWAYS § 402

carry out this section shall not be subject to any obligation limitation.’’

HIGHWAY SAFETY EDUCATIONAL PROGRAMING AND

STUDY; REPORT TO CONGRESS; SERIES OF HIGHWAY

SAFETY TELEVISION PROGRAMS; APPROPRIATIONS AUTHORIZATIONS

Section 211 of Pub. L. 93–87 directed Secretary of

Transportation, in cooperation with government and

nongovernment authorities and individuals, to conduct

a full and complete investigation and study of use of

mass media for informing and educating the public of

ways and means for reducing number and severity of

highway accidents, to report to Congress his findings

and recommendations by June 30, 1974, and to develop,

in consultation with State and local highway safety officials, a series of highway safety television programs

of varying lengths for use in accordance with provisions of the Communication Act of 1934 (47 U.S.C. 151 et

seq.).

HIGHWAY SAFETY CITIZEN PARTICIPATION STUDY

Section 212 of Pub. L. 93–87 authorized the appropriation of $1,000,000 for a study by the Secretary of Transportation, with cooperation of State and local highway

safety authorities, of ways and means of encouraging

greater citizen participation in highway safety programs, the results of such study and recommendations

to be reported to Congress by June 30, 1974.

NATIONAL CENTER FOR STATISTICAL ANALYSIS OF

HIGHWAY OPERATIONS

Section 213 of Pub. L. 93–87 authorized the appropriation of $5,000,000 to make a study of the feasibility of

establishing a National Center for Statistical Analysis

of Highway Operations designed to acquire, store and

retrieve accident data, the results of such study and

recommendations to be reported to Congress not later

than Jan. 1, 1975.

PEDESTRIAN AND BICYCLE SAFETY STUDY

Section 214 of Pub. L. 93–87 authorized the appropriation of $5,000,000 for a study of pedestrian and bicycle

safety, including a review of local ordinances, the relationship between alcohol and pedestrian and bicycle

safety, etc., the results of such study and recommendations to be reported to Congress not later than Jan. 31,

1975.

HIGHWAY SAFETY NEEDS STUDY

Section 225 of Pub. L. 93–87 mandated a study by the

Secretary of Transportation of highway safety needs of

the States, including those of Puerto Rico, the District

of Columbia, Guam, American Samoa, the Virgin Islands and other territories, in order to evaluate continuing safety programs and furnish Congress with information necessary for authorization of appropriations for continuing safety programs, the results of

such study, estimates and recommendations to be submitted to Congress not later than Jan. 10, 1976.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION;

CREATION; APPOINTMENT OF ADMINISTRATOR AND

DEPUTY ADMINISTRATOR; DUTIES; RETROACTIVE EFFECT

Section 201 of Pub. L. 89–564, as amended by Pub. L.

89–670, §8(h), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90–83,

§10(b), Sept. 11, 1967, 81 Stat. 224; Pub. L. 91–605, title II,

§202(a), Dec. 31, 1970, 84 Stat. 1739, which provided for

the creation of National Highway Traffic Safety Administration in the Department of Transportation, was

repealed by Pub. L. 97–449, §7(b), Jan. 12, 1983, 96 Stat.

2444, and reenacted by section 1(b) of Pub. L. 97–449 as

section 105 of Title 49, Transportation.

ACTING ADMINISTRATOR OF NATIONAL HIGHWAY

TRAFFIC SAFETY ADMINISTRATION

Pub. L. 91–605, title II, §202(b), Dec. 31, 1970, 84 Stat.

1740, permitted President to authorize any person who

immediately before Dec. 31, 1970, held the office of Director of the National Highway Safety Bureau, to act

as Administrator of the National Highway Traffic Safety Administration until the appointment of the first

Administrator.

ANNUAL REPORT TO CONGRESS ON ADMINISTRATION OF

HIGHWAY SAFETY ACT OF 1966

Section 202 of Pub. L. 89–564, as amended by Pub. L.

93–87, title II, §224, Aug. 13, 1973, 87 Stat. 292, provided

that:

‘‘(a) The Secretary shall prepare and submit to the

President for transmittal to the Congress on July 1 of

each year a comprehensive report on the administration of the Highway Safety Act of 1966 (including chapter 4 of title 23 of the United States Code) for the preceding calendar year. Such report should include but

not be restricted to (1) a thorough statistical compilation of the accidents and injuries occurring in such

year; (2) a list of all safety standards issued or in effect

in such year; (3) the scope of observance of applicable

Federal standards; (4) a statement of enforcement actions including judicial decisions, settlements, or pending litigation during the year; (5) a summary of all current research grants and contracts together with a description of the problems to be considered by such

grants and contracts; (6) an analysis and evaluation of

completed research activities and technological

progress achieved during such year together with the

relevant policy recommendations flowing therefrom: (7)

the effectiveness of State highway safety program (including local highway safety programs) and (8) the extent to which technical information was being disseminated to the scientific community and consumer-oriented material was made available to the motoring

public.

‘‘(b) The annual report shall also contain such recommendations for additional legislation as the Secretary

deems necessary to promote cooperation among the

several States in the improvement of highway safety

and to strengthen the national highway safety program.’’

DETAILED COST ESTIMATE OF HIGHWAY SAFETY ACT OF

1966

Section 207 of Pub. L. 89–564 directed Secretary, in cooperation with the Governors of appropriate State

highway safety agencies, make a detailed estimate of

the cost of carrying out the Highway Safety Act of 1966

in order to provide a basis for evaluating continuing

programs under the Act and to furnish Congress information necessary for authorization of appropriations

for fiscal years beginning after June 30, 1969, such estimates to be submitted to Congress not later than Jan.

10, 1968.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 153 of this

title.

§ 402. Highway safety programs

(a) Each State shall have a highway safety

program approved by the Secretary, designed to

reduce traffic accidents and deaths, injuries, and

property damage resulting therefrom. Such programs shall be in accordance with uniform

guidelines promulgated by the Secretary. Such

uniform guidelines shall be expressed in terms of

performance criteria. In addition, such uniform

guidelines shall include programs (1) to reduce

injuries and deaths resulting from motor vehicles being driven in excess of 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
§ 402 TITLE 23—HIGHWAYS Page 178

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 accidents involving motor vehicles and

motorcycles, (5) to reduce injuries and deaths

resulting from accidents involving school buses,

and (6) to improve law enforcement services in

motor vehicle accident prevention, traffic supervision, and post-accident procedures. The Secretary shall establish a highway safety program

for the collection and reporting of data on traffic-related deaths and injuries by the States.

Under such program, the States shall collect

and report such data as the Secretary may require. The purposes of the program are to ensure

national uniform data on such deaths and injuries and to allow the Secretary to make determinations for use in developing programs to reduce such deaths and injuries and making recommendations to Congress concerning legislation necessary to implement such programs. The

program shall include information obtained by

the Secretary under section 4007 of the Intermodal Surface Transportation Efficiency Act of

1991 and provide for annual reports to the Secretary on the efforts being made by the States

in reducing deaths and injuries occurring at

highway construction sites and the effectiveness

and results of such efforts. The Secretary shall

establish minimum reporting criteria for the

program. Such criteria shall include, but not be

limited to, criteria on deaths and injuries resulting from police pursuits, school bus accidents, and speeding, on traffic-related deaths

and injuries at highway construction sites and

on the configuration of commercial motor vehicles involved in motor vehicle accidents. Such

uniform guidelines shall be promulgated by the

Secretary so as to improve driver performance

(including, but not limited to, driver education,

driver testing to determine proficiency to operate motor vehicles, driver examinations (both

physical and mental) and driver licensing) and

to improve pedestrian performance and bicycle

safety. In addition such uniform guidelines shall

include, but not be limited to, provisions for an

effective record system of accidents (including

injuries and deaths resulting therefrom), accident investigations to determine the probable

causes of accidents, injuries, and deaths, vehicle

registration, operation, and inspection, highway

design and maintenance (including lighting,

markings, and surface treatment), traffic control, vehicle codes and laws, surveillance of traffic for detection and correction of high or potentially high accident locations, and emergency

services. Such guidelines as are applicable to

State highway safety programs shall, to the extent determined appropriate by the Secretary,

be applicable to federally administered areas

where a Federal department or agency controls

the highways or supervises traffic operations.

(b)(1) The Secretary shall not approve any

State highway safety program under this section which does not—

(A) provide that the Governor of the State

shall be responsible for the administration of

the program through a State highway safety

agency which shall have adequate powers, and

be suitably equipped and organized to carry

out, to the satisfaction of the Secretary, such

program.

(B) authorize political subdivisions of such

State to carry out local highway safety programs within their jurisdictions as a part of

the State highway safety program if such

local highway safety programs are approved

by the Governor and are in accordance with

the uniform guidelines of the Secretary promulgated under this section.

(C) provide that at least 40 per centum of all

Federal funds apportioned under this section

to such State for any fiscal year will be expended by the political subdivisions of such

State in carrying out local highway safety

programs authorized in accordance with subparagraph (B) of this paragraph.

(D) provide adequate and reasonable access

for the safe and convenient movement of physically handicapped persons, including those in

wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State.

(E) provide for programs (which may include

financial incentives and disincentives) to encourage the use of safety belts by drivers of,

and passengers in, motor vehicles.

(2) The Secretary is authorized to waive the

requirement of subparagraph (C) of paragraph (1)

of this subsection, in whole or in part, for a fiscal year for any State whenever he determines

that there is an insufficient number of local

highway safety programs to justify the expenditure in such State of such percentage of Federal

funds during such fiscal year.

(3) ADMINISTRATIVE REQUIREMENTS.—The Secretary may not approve a State highway safety

program under this section which does not—

(A) provide that the Governor of the State

shall be responsible for the administration of

the program through a State highway safety

agency which shall have adequate powers and

be suitably equipped and organized to carry

out, to the satisfaction of the Secretary, such

program;

(B) authorize political subdivisions of the

State to carry out local highway safety programs within their jurisdictions as a part of

the State highway safety program if such

local highway safety programs are approved

by the Governor and are in accordance with

the minimum standards established by the

Secretary under this section;

(C) except as provided in paragraph (5), provide that at least 40 percent of all Federal

funds apportioned under this section to the

State for any fiscal year will be expended by

the political subdivisions of the State, including Indian tribal governments, in carrying out

local highway safety programs authorized in

accordance with subparagraph (B); and

(D) provide adequate and reasonable access

for the safe and convenient movement of individuals with disabilities, including those in

wheelchairs, across curbs constructed or replaced on or after July 1, 1976, at all pedestrian crosswalks throughout the State.

(4) WAIVER.—The Secretary may waive the requirement of paragraph (3)(C), in whole or in

part, for a fiscal year for any State whenever
Page 179 TITLE 23—HIGHWAYS § 402

the Secretary determines that there is an insufficient number of local highway safety programs

to justify the expenditure in the State of such

percentage of Federal funds during the fiscal

year.

(5) USE OF TECHNOLOGY FOR TRAFFIC ENFORCEMENT.—The Secretary may encourage States to

use technologically advanced traffic enforcement devices (including the use of automatic

speed detection devices such as photo-radar) by

law enforcement officers.

(c) Funds authorized to be appropriated to

carry out this section shall be used to aid the

States to conduct the highway safety programs

approved in accordance with subsection (a), including development and implementation of

manpower training programs, and of demonstration programs that the Secretary determines

will contribute directly to the reduction of accidents, and deaths and injuries resulting therefrom. Such funds shall be subject to a deduction

not to exceed 5 per centum for the necessary

costs of administering the provisions of this section, and the remainder shall be apportioned

among the several States. Such funds shall be

apportioned 75 per centum in the ratio which the

population of each State bears to the total population of all the States, as shown by the latest

available Federal census, and 25 per centum in

the ratio which the public road mileage in each

State bears to the total public road mileage in

all States. For the purposes of this subsection, a

‘‘public road’’ means any road under the jurisdiction of and maintained by a public authority

and open to public travel. Public road mileage

as used in this subsection shall be determined as

of the end of the calendar year preceding the

year in which the funds are apportioned and

shall be certified to by the Governor of the

State and subject to approval by the Secretary.

The annual apportionment to each State shall

not be less than one-half of 1 per centum of the

total apportionment, except that the apportionments to the Virgin Islands, Guam, American

Samoa, and the Commonwealth of the Northern

Mariana Islands shall not be less than one-quarter of 1 per centum of the total apportionment.

The Secretary shall not apportion any funds

under the subsection to any State which is not

implementing a highway safety program approved by the secretary in accordance with this

section. For the purpose of the seventh sentence

of this subsection, a highway safety program approved by the Secretary shall not include any

requirement that a State implement such a program by adopting or enforcing any law, rule, or

regulation based on a guideline promulgated by

the Secretary under this section requiring any

motorcycle operator eighteen years of age or

older or passenger eighteen years of age or older

to wear a safety helmet when operating or

riding a motorcycle on the streets and highways

of that State. Implementation of a highway

safety program under this section shall not be

construed to require the Secretary to require

compliance with every uniform guideline, or

with every element of every uniform guideline,

in every State. Funds apportioned under this

section to any State, that does not have a highway safety program approved by the Secretary

or that is not implementing an approved program, shall be reduced by amounts equal to not

less than 50 per centum of the amounts that

would otherwise be apportioned to the State

under this section, until such time as the Secretary approves such program or determines

that the State is implementing an approved program, as appropriate. The Secretary shall consider the gravity of the State’s failure to have

or implement an approved program in determining the amount of the reduction. The Secretary

shall promptly apportion to the State the funds

withheld from its apportionment if he approves

the State’s highway safety program or determines that the State has begun implementing

an approved program, as appropriate, prior to

the end of the fiscal year for which the funds

were withheld. If the Secretary determines that

the State did not correct its failure within such

period, the Secretary shall reapportion the withheld funds to the other States in accordance

with the formula specified in this subsection not

later than 30 days after such determination.

(d) All provisions of chapter 1 of this title that

are applicable to National Highway System

highway funds other than provisions relating to

the apportionment formula and provisions limiting the expenditure of such funds to the Federalaid systems, shall apply to the highway safety

funds authorized to be appropriated to carry out

this section, except as determined by the Secretary to be inconsistent with this section, and

except that the aggregate of all expenditures

made during any fiscal year by a State and its

political subdivisions (exclusive of Federal

funds) for carrying out the State highway safety

program (other than planning and administration) shall be available for the purpose of crediting such State during such fiscal year for the

non-Federal share of the cost of any project

under this section (other than one for planning

or administration) without regard to whether

such expenditures were actually made in connection with such project and except that, in the

case of a local highway safety program carried

out by an Indian tribe, if the Secretary is satisfied that an Indian tribe does not have sufficient funds available to meet the non-Federal

share of the cost of such program, he may increase the Federal share of the cost thereof payable under this Act to the extent necessary. In

applying such provisions of chapter 1 in carrying

out this section the term ‘‘State highway department’’ as used in such provisions shall mean

the Governor of a State for the purposes of this

section.

(e) Uniform guidelines promulgated by the

Secretary to carry out this section shall be developed in cooperation with the States, their political subdivisions, appropriate Federal departments and agencies, and such other public and

private organizations as the Secretary deems

appropriate.

(f) The Secretary may make arrangements

with other Federal departments and agencies for

assistance in the preparation of uniform guidelines for the highway safety programs contemplated by subsection (a) and in the administration of such programs. Such departments and

agencies are directed to cooperate in such preparation and administration, on a reimbursable

basis.
§ 402 TITLE 23—HIGHWAYS Page 180

(g) Nothing in this section authorizes the appropriation or expenditure of funds for (1) highway construction, maintenance, or design (other

than design of safety features of highways to be

incorporated into guidelines) or (2) any purpose

for which funds are authorized by section 403 of

this title.

[(h) Repealed. Pub. L. 97–35, title XI, §1107(c),

Aug. 13, 1981, 95 Stat. 626.]

(i) For the purpose of the application of this

section on Indian reservations, ‘‘State’’ and

‘‘Governor of a State’’ includes the Secretary of

the Interior and ‘‘political subdivision of a

State’’ includes an Indian tribe: Provided, That,

notwithstanding the provisions of subparagraph

(C) of subsection (b)(1) hereof, 95 per centum of

the funds apportioned to the Secretary of the Interior after date of enactment, shall be expended

by Indian tribes to carry out highway safety

programs within their jurisdictions: And provided further, That the provisions of subparagraph (E) of subsection (b)(1) hereof shall be applicable except in those tribal jurisdictions in

which the Secretary determines such programs

would not be practicable.

(j) RULEMAKING PROCESS.—The Secretary

shall, not later than September 1, 1987, begin a

rulemaking process to determine those programs most effective in reducing accidents, injuries, and deaths. Not later than April 1, 1988,

the Secretary shall promulgate a final rule establishing those programs determined to be

most effective in reducing accidents, injuries,

and deaths. If such rule is promulgated by April

1, 1988, then it shall take effect October 1, 1988.

If such rule is not promulgated by April 1, 1988,

it shall take effect October 1, 1989. After a rule

is promulgated in accordance with this subsection, the Secretary may from time to time

thereafter revise such rule under a rulemaking

process described in the first sentence of this

subsection. Any rule under this subsection shall

be promulgated taking into account consideration of the States having a major role in establishing programs described in the first sentence

of this subsection. When a rule promulgated in

accordance with this subsection takes effect,

only those programs established by such rule as

most effective in reducing accidents, injuries,

and deaths shall be eligible to receive Federal financial assistance under this section.

(k)(1) Subject to the provisions of this subsection, the Secretary shall make a grant to any

State which includes, as part of its highway

safety program under section 402 of this title,

the use of a comprehensive computerized safety

recordkeeping system designed to correlate data

regarding traffic accidents, drivers, motor vehicles, and roadways. Any such grant may only be

used by such State to establish and maintain a

comprehensive computerized traffic safety recordkeeping system or to obtain and operate

components to support highway safety priority

programs identified by the Secretary under this

section. Notwithstanding any other provision of

law, if a report, list, schedule, or survey is prepared by or for a State or political subdivision

thereof under this subsection, such report, list,

schedule, or survey shall not be admitted as evidence or used in any suit or action for damages

arising out of any matter mentioned in such report, list, schedule, or survey.

(2) No State may receive a grant under this

subsection in more than two fiscal years.

(3) The amount of the grant to any State

under this subsection for the first fiscal year

such State is eligible for a grant under this subsection shall equal 10 per centum of the amount

apportioned to such State for fiscal year 1985

under this section. The amount of a grant to any

State under this subsection for the second fiscal

year such State is eligible for a grant under this

subsection shall equal 10 per centum of the

amount apportioned to such State for fiscal year

1986 under this section.

(4) A State is eligible for a grant under this

subsection if—

(A) it certifies to the Secretary that it has

in operation a computerized traffic safety recordkeeping system and identifies proposed

means of upgrading the system acceptable to

the Secretary; or

(B) it provides to the Secretary a plan acceptable to the Secretary for establishing and

maintaining a computerized traffic safety recordkeeping system.

(5) The Secretary, after making the deduction

authorized by the second sentence of subsection

(c) of this section for fiscal years 1985 and 1986,

shall set aside 10 per centum of the remaining

funds authorized to be appropriated to carry out

this section for the purpose of making grants

under this subsection. Funds set aside under this

subsection shall remain available for the fiscal

year authorized and for the succeeding fiscal

year and any amounts remaining unexpended at

the end of such period shall be apportioned in

accordance with the provisions of subsection (c)

of this section.

(Added Pub. L. 89–564, title I, §101, Sept. 9, 1966,

80 Stat. 731; amended Pub. L. 90–495, §13, Aug. 23,

1968, 82 Stat. 822; Pub. L. 91–605, title II, §§202(c),

(d), (e), 203(a), Dec. 31, 1970, 84 Stat. 1740, 1741;

Pub. L. 93–87, title II, §§207, 215–217, 219, 228, 229,

231, Aug. 13, 1973, 87 Stat. 285, 290, 293, 294; Pub.

L. 94–280, title II, §§204, 208(a), 211, 212, May 5,

1976, 90 Stat. 453, 454, 455; Pub. L. 95–599, title II,

§207(a), (b)(1), (c), (d), Nov. 6, 1978, 92 Stat. 2731,

2732; Pub. L. 97–35, title XI, §1107(c)–(e), Aug. 13,

1981, 95 Stat. 626; Pub. L. 97–424, title II, §208,

Jan. 6, 1983, 96 Stat. 2140; Pub. L. 98–363, §§3(a),

5, July 17, 1984, 98 Stat. 436; Pub. L. 100–17, title

I, §133(b)(20), title II, §206, Apr. 2, 1987, 101 Stat.

172, 221; Pub. L. 102–240, title II, §2002, Dec. 18,

1991, 105 Stat. 2070; Pub. L. 104–66, title I,

§1121(d), Dec. 21, 1995, 109 Stat. 724.)

REFERENCES IN TEXT

Section 4007 of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsec. (a),

is section 4007 of Pub. L. 102–240, title IV, Dec. 18, 1991,

105 Stat. 2151, which was classified as a note under section 2302 of former Title 49, Transportation. Subsecs.

(b) and (f) of section 4007 which were repealed and reenacted as section 31307 of Title 49, Transportation, by

Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1020,

1379. Subsecs. (a), (c), (d), and (e) of section 4007 were repealed by Pub. L. 104–287, §7(8), Oct. 11, 1996, 110 Stat.

3400.

This Act, referred to in subsec. (d), probably means

Pub. L. 93–87, Aug. 13, 1973, 87 Stat. 250, as amended. For

complete classification of this Act to the Code, see

Tables.

Date of enactment, referred to in subsec. (i), means

Aug. 13, 1973, date of approval of Pub. L. 93–87.
Page 181 TITLE 23—HIGHWAYS § 402

AMENDMENTS

1995—Subsec. (a). Pub. L. 104–66 struck out after

fourth sentence ‘‘If the Secretary does not designate as

priority programs those programs described in the preceding sentence, the Secretary shall submit to Congress a report describing the reasons for not prioritizing such programs.’’

1991—Subsec. (a). Pub. L. 102–240, §2002(a), inserted

after third sentence ‘‘In addition, such uniform guidelines shall include programs (1) to reduce injuries and

deaths resulting from motor vehicles being driven in

excess of 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 accidents involving motor vehicles and motorcycles, (5) to reduce injuries and deaths

resulting from accidents involving school buses, and (6)

to improve law enforcement services in motor vehicle

accident prevention, traffic supervision, and post-accident procedures. If the Secretary does not designate as

priority programs those programs described in the preceding sentence, the Secretary shall submit to Congress a report describing the reasons for not prioritizing such programs. The Secretary shall establish a

highway safety program for the collection and reporting of data on traffic-related deaths and injuries by the

States. Under such program, the States shall collect

and report such data as the Secretary may require. The

purposes of the program are to ensure national uniform

data on such deaths and injuries and to allow the Secretary to make determinations for use in developing

programs to reduce such deaths and injuries and making recommendations to Congress concerning legislation necessary to implement such programs. The program shall include information obtained by the Secretary under section 4007 of the Intermodal Surface

Transportation Efficiency Act of 1991 and provide for

annual reports to the Secretary on the efforts being

made by the States in reducing deaths and injuries occurring at highway construction sites and the effectiveness and results of such efforts. The Secretary shall establish minimum reporting criteria for the program.

Such criteria shall include, but not be limited to, criteria on deaths and injuries resulting from police pursuits, school bus accidents, and speeding, on traffic-related deaths and injuries at highway construction sites

and on the configuration of commercial motor vehicles

involved in motor vehicle accidents.’’

Subsec. (b)(3) to (5). Pub. L. 102–240, §2002(b), added

pars. (3) to (5).

Subsec. (d). Pub. L. 102–240, §2002(c), substituted ‘‘National Highway System’’ for ‘‘Federal-aid primary’’.

1987—Subsec. (a). Pub. L. 100–17, §206(a), (b), substituted ‘‘guidelines’’ for ‘‘standards’’ wherever appearing and struck out provisions authorizing the Secretary to temporarily amend or waive standards in public interest for purpose of evaluating new or different

highway safety programs instituted on an experimental, pilot or demonstration basis.

Subsec. (b)(1)(B). Pub. L. 100–17, §206(a), substituted

‘‘guidelines’’ for ‘‘standards’’.

Subsec. (b)(1)(D) to (F). Pub. L. 100–17, §206(c), redesignated subpars. (E) and (F) as (D) and (E), respectively, and struck out former subpar. (D) which read as

follows: ‘‘provide for comprehensive driver training

programs, including (1) the initiation of a State program for driver education in the school systems or for

a significant expansion and improvement of such a program already in existence, to be administered by appropriate school officials under the supervision of the Governor as set forth in subparagraph (A) of this paragraph; (2) the training of qualified school instructors

and their certification; (3) appropriate regulation of

other driver training schools, including licensing of the

schools and certification of their instructors; (4) adult

driver training programs, and programs for the retraining of selected drivers; (5) adequate research, development and procurement of practice driving facilities,

simulators, and other similar teaching aids for both

school and other driver training use, and (6) driver education programs, including research, that will assure

greater safety for bicyclists using public roads in such

State.’’

Subsec. (c). Pub. L. 100–17, §§133(b)(20), 206(a), substituted ‘‘Such’’ for ‘‘For the fiscal years ending June

30, 1967, June 30, 1968, and June 30, 1969, such funds shall

be apportioned 75 per centum on the basis of population

and 25 per centum as the Secretary in his administrative discretion may deem appropriate and thereafter

such’’, ‘‘American Samoa, and the Commonwealth of

the Northern Mariana Islands’’ for ‘‘and American

Samoa’’, ‘‘The Secretary shall’’ for ‘‘After December 31,

1969, the Secretary shall’’, and ‘‘guideline’’ for ‘‘standard’’ wherever appearing.

Subsecs. (e) to (g). Pub. L. 100–17, §206(a), substituted

‘‘guidelines’’ for ‘‘standards’’.

Subsec. (j). Pub. L. 100–17, §206(d), amended subsec. (j)

generally. Prior to amendment, subsec. (j) read as follows: ‘‘The Secretary of Transportation shall, not later

than September 1, 1981, begin a rulemaking process to

determine those programs most effective in reducing

accidents, injuries, and deaths. Such rule shall be promulgated taking into account consideration of the

States having a major role in establishing these programs. Not later than April 1, 1982, the Secretary shall

promulgate a final rule establishing those programs determined most effective in reducing accidents, injuries,

and deaths. Before such rule shall take effect, it shall

be transmitted to Congress. If such rule is not transmitted by April 1, 1982, it shall not take effect before

October 1, 1983. If such rule is transmitted by April 1,

1982, it shall take effect October 1, 1982, unless before

June 1, 1982, either House of Congress by resolution disapproves such rule. If such rule is disapproved by either

House of Congress, the Secretary shall not apportion or

obligate any amount authorized to carry out this section for the fiscal year ending September 30, 1983, or

any subsequent fiscal year, unless specifically authorized to do so by a statute enacted after the date of enactment of the Omnibus Budget Reconciliation Act of

1981. When a rule promulgated in accordance with this

subsection takes effect, only those programs established by such rule as most effective in reducing accidents, injuries, and deaths shall be eligible to receive

Federal financial assistance under this chapter.’’

1984—Subsec. (c). Pub. L. 98–363, §3(a), inserted

‘‘, except that the apportionments to the Virgin Islands, Guam, and American Samoa shall be not less

than one-quarter of 1 per centum of the total apportionment’’ in sixth sentence.

Subsec. (k). Pub. L. 98–363, §5, added subsec. (k).

1983—Subsec. (c). Pub. L. 97–424 struck out provision

that apportionments to Virgin Islands, Guam, and

American Samoa were not to be less than one third of

1 per centum of total apportionment from provision relating to the minimum apportionment for each State.

1981—Subsec. (b)(1). Pub. L. 97–35, §1107(e), struck out

subpar. (D) which related to aggregate expenditure of

funds, and redesignated subpars. (E) to (G) as (D) to (F),

respectively.

Subsec. (h). Pub. L. 97–35, §1107(c), struck out subsec.

(h) which related to continuation in effect of uniform

safety standards promulgated on or before July 1, 1973.

Subsec. (j). Pub. L. 97–35, §1107(d), substituted provisions requiring the Secretary to begin by Sept. 1, 1981,

a rulemaking process to determine the most effective

programs to reduce accidents, injuries, and deaths, and

procedures applicable to the process, for provisions authorizing the Secretary to make incentive grants to

States most progressive in reducing traffic fatalities,

criteria, duration, etc., of such grants, and authorization of appropriations.

1978—Subsec. (a). Pub. L. 95–599, §207(a), inserted ‘‘including, but not limited to, such programs for identify-
§ 402 TITLE 23—HIGHWAYS Page 182

ing accident causes, adopting measures to reduce accidents, and evaluating effectiveness of such measures’’

after ‘‘one or more States’’.

Subsec. (b)(1)(A). Pub. L. 95–599, §207(b)(1), substituted ‘‘State highway safety agency’’ for ‘‘State

agency’’.

Subsec. (b)(1)(G). Pub. L. 95–599, §207(c), added subpar.

(G).

Subsec. (d). Pub. L. 95–599, §207(d), inserted ‘‘(other

than planning and administration)’’ after ‘‘State highway safety program’’ and ‘‘(other than one for planning

or administration)’’ after ‘‘cost of any project under

this section’’.

1976—Subsec. (c), sixth sentence. Pub. L. 94–280, §211,

inserted exception provision requirement that the apportionments to the Virgin Islands, Guam, and American Samoa be not less than one-third of 1 per centum

of the total apportionment.

Subsec. (c), eighth and ninth sentences. Pub. L.

94–280, §208(a), inserted eighth and ninth sentences: excluding from any highway safety program approved by

the Secretary any requirement that a State implement

a Federal safety helmet wearing standard for operators

or passengers of motorcycles by adopting or enforcing

any law, rule, or regulation based on the Federal standard, and authorizing State implementation of a highway safety program without compliance with every

uniform standard in every State; and deleted prior

eighth, ninth, and tenth sentences providing for: a 10

per centum reduction of funds apportioned to a State

on or after January 1, 1970, for nonimplementation of a

highway safety program approved by the Secretary

during such a period; suspension of application of such

provision during necessary periods when in the public

interest; and reapportionment of withheld amounts to

other States in accordance with applicable provisions

of law, now covered in the tenth through thirteenth

sentences.

Subsec. (c), tenth through thirteenth sentences. Pub.

L. 94–280, §212, inserted provisions for: a 50 per centum

reduction of funds apportioned to a State during time

of absence or nonimplementation of a highway safety

program; gravity rule in determining amount of reduction of funds; apportionment to a State of withheld

funds prior to the end of the fiscal year for which the

funds were withheld in event of approval of or State

implementation of a highway safety program; and for

reapportionment of funds to other States in accordance

with the prescribed formula not later than 30 days after

determination of absence of correction by a State,

similar provisions being formerly covered in prior

eighth, ninth, and tenth sentences providing for: a 10

per centum reduction of funds apportioned to a State

on or after January 1, 1970, for nonimplementation of a

highway safety program approved by the Secretary

during such a period; suspension of application of such

provision during necessary periods when in the public

interest; and reapportionment of withheld amounts to

other States in accordance with applicable provisions

of law.

Subsec. (j)(3) to (5). Pub. L. 94–280, §204, added par. (3)

provisions respecting incentive safety grants, struck

out prior par. (3) provisions limiting incentive awards

authorized by this section to 25 per centum of each

State’s apportionment as authorized by this chapter,

and added pars. (4) and (5).

1973—Subsec. (a). Pub. L. 93–87, §231(a), provided for

promulgation of uniform standards so as to improve bicycle safety.

Subsec. (b)(1)(E)(6). Pub. L. 93–87, §231(b), added item

(6) of subpar. (E).

Subsec. (b)(1)(F). Pub. L. 93–87, §228, added subpar.

(F).

Subsec. (c). Pub. L. 93–87, §§215–217, provided for use

of funds for development and implementation of manpower training programs, and of demonstration programs that the Secretary determines will contribute

directly to the reduction of accidents, and deaths and

injuries resulting therefrom and inserted ‘‘Such funds’’

before ‘‘shall be subject to a deduction’’; provided for

the determination of public road mileage as of the end

of the calendar year preceding the year in which the

funds are apportioned and shall be certified to by the

Governor of the State and subject to approval by the

Secretary; and increased the annual apportionment to

each State from ‘‘one-third of 1 per centum’’ to ‘‘onehalf of 1 per centum’’ of the total apportionment, respectively.

Subsec. (d). Pub. L. 93–87, §207(b), inserted at end of

first sentence provision that in the case of a local highway safety program carried out by an Indian tribe, if

the Secretary is satisfied that an Indian tribe does not

have sufficient funds available to meet the non-Federal

share of the cost of such program, he may increase the

Federal share of the cost thereof payable under this

Act to the extent necessary.

Subsec. (h). Pub. L. 93–87, §229, substituted provisions

for continuation of uniform safety standards promulgated under this section on or before July 1, 1973, unless

otherwise specifically provided by law enacted after

Aug. 13, 1973, and prohibiting the Secretary from promulgating any other uniform safety standard under

this section (including by revision of a standard continued in effect by the preceding sentence) unless

otherwise specifically provided by law enacted after

Aug. 13, 1973, for former prohibition against promulgation of any other uniform safety standard unless at

least 90 days prior to the effective date of such standard the Secretary shall have submitted such standard

to Congress, except in the case of State safety program

elements with respect to which uniform standards have

been promulgated by the Secretary before Dec. 31, 1970.

Subsec. (i). Pub. L. 93–87, §207(a), added subsec. (i).

Subsec. (j). Pub. L. 93–87, §219, added subsec. (j).

1970—Subsec. (b)(1)(A). Pub. L. 91–605, §203(A), required the Governor of a State be responsible for the

administration of the State highway safety program

through a State agency suitably organized and possessed of adequate powers to carry out such programs

to the satisfaction of the Secretary.

Subsec. (c). Pub. L. 91–605, §202(c), provided a formula

for apportionments to States, after June 30, 1969, to

carry out this section, whereby 75% of the appropriation is based on the ratio which the population of each

State bears to the total population of all the States

and 25% of the appropriation is based on the ratio

which the public road mileage in each State bears to

the total public road mileage in all States, defined

‘‘public road’’, provided the annual apportionment to

each State not to be less than one-third of 1% of the

total apportionment, struck out provisions authorizing

appropriations after June 30, 1969 to be apportioned as

Congress shall provide and struck out provisions mandating the Secretary to report to Congress his recommendations for a nondiscretionary formula of apportionment for the fiscal year ending June 30, 1970, and

the fiscal years thereafter.

Subsec. (d). Pub. L. 91–605, §202(d), provided that the

aggregate of all expenditures made during any fiscal

year by a State and its political subdivisions for carrying out the State highway safety program be available

for crediting such State for the non-Federal share of

the cost of any project under this section without regard to whether such expenditures were actually made

in connection with such project.

Subsec. (h). Pub. L. 91–605, §202(e), added subsec. (h).

1968—Subsec. (c). Pub. L. 90–495 substituted ‘‘December 31, 1969’’ for ‘‘December 31, 1968’’ as the last day on

which the Secretary may apportion funds to States

which are not implementing highway safety programs

approved by the Secretary and substituted ‘‘January 1,

1970’’ for ‘‘January 1, 1969’’ as the date after which

funds apportioned to States not having approved safety

programs shall be reduced until a safety program is implemented.

EFFECTIVE DATE OF 1991 AMENDMENT

Section 2008 of title II of Pub. L. 102–240 provided

that: ‘‘Except as otherwise provided, this title [amending this section and sections 403 and 410 of this title and
Page 183 TITLE 23—HIGHWAYS § 402

sections 1392, 1413, and 1414 of Title 15, Commerce and

Trade, enacting provisions set out as notes under this

section and sections 401, 403, and 410 of this title and

section 1392 of Title 15, and amending provisions set out

as a note under section 401 of this title], including the

amendments made by this title, shall take effect on the

date of the enactment of this Act [Dec. 18, 1991], shall

apply to funds authorized to be appropriated or made

available after September 30, 1991, and shall not apply

to funds appropriated or made available on or before

such date of enactment.’’

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 3(a) of Pub. L. 98–363 applicable to fiscal years beginning after July 17, 1984, see section 3(c) of Pub. L. 98–363, set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 1107(c) of Pub. L. 97–35 provided that the

amendment made by that section is effective Oct. 1,

1982.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 207(b)(2) of Pub. L. 95–599 provided that: ‘‘The

amendment made by paragraph (1) of this subsection

[amending this section] shall take effect January 1,

1979.’’

EFFECTIVE DATE OF 1970 AMENDMENT

Section 203(b) of Pub. L. 91–605 provided that: ‘‘The

amendment made by subsection (a) of this section

[amending this section] shall take effect December 31,

1971.’’

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90–495 effective Aug. 23, 1968,

see section 37 of Pub. L. 90–495, set out as a note under

section 101 of this title.

EVALUATION OF HANDICAPPED PARKING SYSTEM

Section 1088 of Pub. L. 102–240 directed Secretary to

conduct a study on progress being made by States in

adopting and implementing uniform system for handicapped parking established in regulations issued pursuant to Pub. L. 100–641 (102 Stat. 3335), set out below,

and, not later than 2 years after Dec. 18, 1991, submit to

Congress the results of the study.

OBLIGATION LIMITATION

Section 2009(b) of Pub. L. 102–240 provided that: ‘‘If an

obligation limitation is placed on sums authorized to

be appropriated to carry out section 402 of title 23,

United States Code, for fiscal year 1993 or subsequent

fiscal years, any amounts made available out of such

funds to carry out sections 2004 and 2006 of this Act

[amending section 410 of this title and enacting provisions set out as notes under sections 403 and 410 of this

title] and section 211(b) of the National Driver Register

Act of 1982 [Pub. L. 97–364, set out as a note under section 401 of this title] shall be reduced proportionally.’’

HANDICAPPED PARKING SYSTEM

Pub. L. 100–641, §3, Nov. 9, 1988, 102 Stat. 3335, provided that:

‘‘(a) REGULATIONS.—Not later than the 180th day following the date of the enactment of this Act [Nov. 9,

1988], the Secretary of Transportation shall issue regulations—

‘‘(1) which establish a uniform system for handicapped parking designed to enhance the safety of

handicapped individuals, and

‘‘(2) which encourage adoption of such system by all

the States.

In issuing such regulations, the Secretary shall consult

the States.

‘‘(b) DEFINITIONS.—For purposes of this section—

‘‘(1) UNIFORM SYSTEM FOR HANDICAPPED PARKING.—A

uniform system for handicapped parking designed to

enhance the safety of handicapped individuals is a

system which—

‘‘(A) adopts the International Symbol of Access

(as adopted by Rehabilitation International in 1969

at its 11th World Congress on Rehabilitation of the

Disabled) as the only recognized symbol for the

identification of vehicles used for transporting individuals with handicaps which limit or impair the

ability to walk;

‘‘(B) provides for the issuance of license plates

displaying the International Symbol of Access for

vehicles which will be used to transport individuals

with handicaps which limit or impair the ability to

walk, under criteria determined by the State;

‘‘(C) provides for the issuance of removable windshield placards (displaying the International Symbol of Access) to individuals with handicaps which

limit or impair the ability to walk, under criteria

determined by the State;

‘‘(D) provides that fees charged for the licensing

or registration of a vehicle used to transport individuals with handicaps do not exceed fees charged

for the licensing or registration of other similar vehicles operated in the State; and

‘‘(E) for purposes of easy access parking, recognizes licenses and placards displaying the International Symbol of Access which have been issued

by other States and countries.

‘‘(2) STATE.—The term ‘State’ has the meaning such

term has when used in chapter 4 of title 23, United

States Code.’’

PARKING FOR HANDICAPPED PERSONS; STUDY AND

REPORT; PROPOSED UNIFORM STATE LAW

Section 161 of Pub. L. 100–17 provided that:

‘‘(a) STUDY.—The Secretary shall conduct a study for

the purpose of determining—

‘‘(1) any problems encountered by handicapped persons in parking motor vehicles; and

‘‘(2) whether or not each State should establish

parking privileges for handicapped persons and grant

to nonresidents of the State the same parking privileges as are granted to residents.

‘‘(b) REPORT.—Not later than 180 days after the date

of the enactment of this Act [Apr. 2, 1987], the Secretary shall submit to the Committee on Environment

and Public Works of the Senate and the Committee on

Public Works and Transportation of the House of Representatives a report on the results of the study conducted under subsection (a).

‘‘(c) DEVELOPMENT OF PROPOSED UNIFORM STATE

LAW.—

‘‘(1) REQUIREMENT.—If the Secretary determines

under subsection (a) that each State should establish

parking privileges for handicapped persons and grant

to nonresidents of the State the same parking privileges as are granted to residents, the Secretary shall

develop a proposed uniform State law with respect to

parking privileges for handicapped persons and submit a copy of the proposed uniform State law to the

Committee on Environment and Public Works of the

Senate and the Committee on Public Works and

Transportation of the House of Representatives and

each State.

‘‘(2) FACTORS TO CONSIDER.—In developing the proposed uniform State law, the Secretary shall consult

with the States and shall consider any advantages—

‘‘(A) of ensuring that parking privileges for

handicapped persons may be utilized whether a

handicapped person is a passenger or a driver;

‘‘(B) of the use of the international symbol of access as the exclusive symbol identifying parking

zones for handicapped persons and identifying vehicles that may park in such parking zones;

‘‘(C) of displaying the international symbol of access on license plates or license plate decals and on

identification placards; and

‘‘(D) of designing any identification placard so

that the placard is easily visible when placed in the

interior of any vehicle.
§ 402 TITLE 23—HIGHWAYS Page 184

‘‘(3) REPORT.—If a proposed uniform State law with

respect to parking privileges for handicapped persons

is developed and submitted to the Committee on Environment and Public Works of the Senate and the

Committee on Public Works and Transportation [now

Committee on Transportation and Infrastructure] of

the House of Representatives under paragraph (1),

within 12 months after the date of such submission

and each year thereafter, the Secretary shall report

to such committees on the extent to which each

State has adopted the proposed uniform State law.’’

SCHOOLBUS SAFETY MEASURES; STUDY BY NATIONAL

ACADEMY OF SCIENCES AND REPORT; PUBLICATION OF

LIST OF MOST EFFECTIVE SAFETY MEASURES IN FEDERAL REGISTER; SCHOOLBUS SAFETY GRANT PROGRAM

Section 204 of Pub. L. 100–17 provided that:

‘‘(a) STUDY.—

‘‘(1) NATIONAL ACADEMY OF SCIENCES.—Not later

than 30 days after the date of the enactment of this

Act [Apr. 2, 1987], the Secretary shall undertake to

enter into appropriate arrangements with the National Academy of Sciences to conduct a comprehensive study and investigation of the principal causes of

fatalities and injuries to schoolchildren riding in

schoolbuses and of the use of seatbelts in schoolbuses

and other measures that may improve the safety of

schoolbus transportation. The purpose of the study

and investigation is to determine those safety measures that are the most effective in protecting the

safety of schoolchildren while boarding, leaving, and

riding in schoolbuses.

‘‘(2) REPORT.—In entering into any arrangements

with the National Academy of Sciences for conducting the study and investigation under this subsection, the Secretary shall request the National

Academy of Sciences to submit, not later than 18

months after the date on which such arrangements

are completed, to Congress and the Secretary a report on the results of such study and investigation.

The report shall contain a list of those safety measures determined by the Academy to be most effective

in protecting the safety of schoolchildren while

boarding, leaving, and riding in schoolbuses.

‘‘(3) REVIEW OF REPORT.—Upon receipt of the report

under paragraph (2), the Secretary shall review such

report for the purpose of determining those safety

measures that are the most effective in protecting

the safety of schoolchildren while boarding, leaving,

and riding in schoolbuses. Not later than 2 months

after the date of receipt of such report, the Secretary

shall publish in the Federal Register a list of those

safety measures which the Secretary determines are

the most effective in protecting the safety of such

children.

‘‘(4) INFORMATION.—Upon request of the National

Academy of Sciences, the Secretary shall furnish to

the Academy any information which the Academy

deems necessary for the purpose of conducting the

study and investigation under this subsection.

‘‘(b) SCHOOLBUS SAFETY GRANT PROGRAM.—

‘‘(1) SET-ASIDE.—Before apportioning any funds

made available to carry out section 402 of title 23,

United States Code, for each of fiscal years 1989, 1990,

and 1991, the Secretary may set aside an amount not

to exceed $5,000,000 for making grants to States to

implement those schoolbus safety measures published

by the Secretary under subsection (a).

‘‘(2) APPLICATION.—Any State interested in receiving under this subsection a grant to implement

schoolbus safety measures in fiscal year 1989, 1990, or

1991 shall submit to the Secretary an application for

such grant. Applications under this subsection shall

be submitted at such time and in such form and contain such information as the Secretary may require

by regulation.

‘‘(3) LIMITATION.—No State shall receive more than

30 percent of the funds set aside pursuant to this subsection for any fiscal year in grants under this subsection.’’

SPECIAL PARKING PRIVILEGES FOR HANDICAPPED

PERSONS

Pub. L. 98–78, title III, §321, Aug. 15, 1983, 97 Stat. 473,

provided that:

‘‘(a) The Congress finds that—

‘‘(1) in this Nation there exist millions of handicapped people with severe physical impairments including partial paralysis, limb amputation, chronic

heart condition, emphysema, arthritis, rheumatism,

and other debilitating conditions which greatly limit

their personal mobility;

‘‘(2) these people reside in each of the several States

and have need and reason to travel from one State to

another for business and recreational purposes;

‘‘(3) each State maintains the right to establish and

enforce its own code of regulations regarding the appropriate use of motor vehicles operating within its

jurisdiction;

‘‘(4) within a given State handicapped individuals

are oftentimes granted special parking privileges to

help offset the limitations imposed by their physical

impairment;

‘‘(5) these special parking privileges vary from

State to State as do the methods and means of identifying vehicles used by disabled individuals, all of

which serve to impede both the enforcement of special parking privileges and the handicapped individual’s freedom to properly utilize such privileges;

‘‘(6) there are many efforts currently underway to

help alleviate these problems through public awareness and administrative change as encouraged by

concerned individuals and national associations directly involved in matters relating to the issue of

special parking privileges for disabled individuals;

and

‘‘(7) despite these efforts the fact remains that

many States may need to give the matter legislative

consideration to ensure a proper resolution of this

issue, especially as it relates to law enforcement and

placard responsibility.

‘‘(b) The Congress encourages each of the several

States working through the National Governors Conference to—

‘‘(1) adopt the International Symbol of Access as

the only recognized and adopted symbol to be used to

identify vehicles carrying those citizens with acknowledged physical impairments;

‘‘(2) grant to vehicles displaying this symbol the

special parking privileges which a State may provide;

and

‘‘(3) permit the International Symbol of Access to

appear either on a specialized license plate, or on a

specialized placard placed in the vehicles so as to be

clearly visible through the front windshield, or on

both such places.

‘‘(c) It is the sense of the Congress that agreements

of reciprocity relating to the special parking privileges

granted handicapped individuals should be developed

and entered into by and between the several States so

as to—

‘‘(1) facilitate the free and unencumbered use between the several States, of the special parking privileges afforded those people with acknowledged handicapped conditions, without regard to the State of residence of the handicapped person utilizing such privilege;

‘‘(2) improve the ease of law enforcement in each

State of its special parking privileges and to facilitate the handling of violators; and

‘‘(3) ensure that motor vehicles carrying individuals

with acknowledged handicapped conditions be given

fair and predictable treatment throughout the Nation.

‘‘(d) As used in this section the term ‘State’ means

the several States and the District of Columbia.

‘‘(e) The Secretary of Transportation shall provide a

copy of this section to the Governor of each State and

the Mayor of the District of Columbia.’’

MOTORCYCLE HELMET STUDY

Section 210 of Pub. L. 95–599 provided that the Secretary of Transportation make a full and complete
Page 185 TITLE 23—HIGHWAYS § 402

study of the effects of the provision contained in the

eighth sentence of subsec. (c) of this section and that

the Secretary report the results of such study to Congress not later than one year after Nov. 6, 1978.

STUDY OF METHODS OF ENCOURAGING USE OF SAFETY

BELTS IN AUTOMOBILES

Section 214 of Pub. L. 95–599 provided that the Secretary of Transportation undertake to enter into arrangements with the National Academy of Sciences to

conduct a study and investigation of methods of encouraging the use of safety belts by drivers of, and passengers in, motor vehicles and that the National Academy of Sciences report to the Secretary and the Congress not later than one year after Nov. 6, 1978, on the

results of such study.

EVALUATION OF SAFETY STANDARDS; REPORT TO

CONGRESS

Section 208(b) of Pub. L. 94–280 provided that: ‘‘The

Secretary of Transportation shall, in cooperation with

the States, conduct an evaluation of the adequacy and

appropriateness of all uniform safety standards established under section 402 of title 23 of the United States

Code which are in effect on the date of enactment of

this Act [May 5, 1976]. The Secretary shall report his

findings, together with his recommendations, including

but not limited to, the need for revision or consolidation of existing standards and the establishment of new

standards, to Congress on or before July 1, 1977. Until

such report is submitted, the Secretary shall not, pursuant to subsection (c) of section 402 of title 23, United

States Code, withhold any apportionment or any funds

apportioned to any State because such State is failing

to implement a highway safety program approved by

the Secretary in accordance with such section 402.’’

REPORT TO CONGRESS BY JULY 1, 1967, ON INITIAL

STANDARDS

Section 203 of Pub. L. 89–564 required the Secretary of

Commerce to report to Congress by July 1, 1967, all

standards to be initially applied in carrying out section

402 of this title.

AUTHORIZATION OF APPROPRIATIONS

Section 104 of Pub. L. 89–564 authorized the appropriation of $67,000,000, $100,000,000, and $100,000,000 for the

fiscal years ending June 30, 1967, 1968, and 1969, respectively, to carry out this section.

STUDY OF RELATIONSHIP BETWEEN CONSUMPTION OF

ALCOHOL AND HIGHWAY SAFETY

Section 204 of Pub. L. 89–564, as amended by Pub. L.

97–449, §2(a), Jan. 12, 1983, 96 Stat. 2439, directed the

Secretary to make a thorough and complete study of

the relationship between the consumption of alcohol

and its effect upon highway safety and drivers of motor

vehicles, in consultation with such other government

and private agencies as may be necessary. Such study

shall cover review and evaluation of State and local

laws and enforcement methods and procedures relating

to driving under the influence of alcohol, State and

local programs for the treatment of alcoholism, and

such other aspects of this overall problem as may be

useful. The results of this study were required to be reported to the Congress by the Secretary on or before

July 1, 1967, with recommendations for legislation if

warranted.

EX. ORD. NO. 13043. INCREASING SEAT BELT USE IN THE

UNITED STATES

Ex. Ord. No. 13043, Apr. 16, 1997, 62 F.R. 19217, provided:

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, including the Highway Safety Act of 1966, 23

U.S.C. 402 and 403, as amended, section 7902(c) of title

5, United States Code, and section 19 of the Occupational Safety and Health Act of 1970, 29 U.S.C. 668, as

amended, and in order to require that Federal employees use seat belts while on official business; to require

that motor vehicle occupants use seat belts in national

park areas and on Department of Defense (‘‘Defense’’)

installations; to encourage Tribal Governments to

adopt and enforce seat belt policies and programs for

occupants of motor vehicles traveling on highways in

Indian Country; and to encourage Federal contractors,

subcontractors, and grantees to adopt and enforce onthe-job seat belt use policies and programs, it is hereby

ordered as follows:

SECTION 1. Policies. (a) Seat Belt Use by Federal Employees. Each Federal employee occupying any seating position of a motor vehicle on official business, whose seat

is equipped with a seat belt, shall have the seat belt

properly fastened at all times when the vehicle is in

motion.

(b) Seat Belt Use in National Parks and on Defense Installations. Each operator and passenger occupying any

seating position of a motor vehicle in a national park

area or on a Defense installation, whose seat is

equipped with a seat belt or child restraint system,

shall have the seat belt or child restraint system properly fastened, as required by law, at all times when the

vehicle is in motion.

(c) Seat Belt Use by Government Contractors, Subcontractors and Grantees. Each Federal agency, in contracts, subcontracts, and grants entered into after the

date of this order, shall seek to encourage contractors,

subcontractors, and grantees to adopt and enforce onthe-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles.

(d) Tribal Governments. Tribal Governments are encouraged to adopt and enforce seat belt policies and

programs for occupants of motor vehicles traveling on

highways in Indian Country that are subject to their

jurisdiction.

SEC. 2. Scope of Order. All agencies of the executive

branch are directed to promulgate rules and take other

appropriate measures within their existing programs to

further the policies of this order. This includes, but is

not limited to, conducting education, awareness, and

other appropriate programs for Federal employees

about the importance of wearing seat belts and the consequences of not wearing them. It also includes encouraging Federal contractors, subcontractors, and grantees to conduct such programs. In addition, the National

Park Service and the Department of Defense are directed to initiate rulemaking to consider regulatory

changes with respect to enhanced seat belt use requirements and standard (primary) enforcement of such requirements in national park areas and on Defense installations, consistent with the policies outlined in this

order, and to widely publicize and actively enforce such

regulations. The term ‘‘agency’’ as used in this order

means an Executive department, as defined in 5 U.S.C.

101, or any employing unit or authority of the Federal

Government, other than those of the legislative and judicial branches.

SEC. 3. Coordination. The Secretary of Transportation

shall provide leadership and guidance to the heads of

executive branch agencies to assist them with the employee seat belt programs established pursuant to this

order. The Secretary of Transportation shall also cooperate and consult with the legislative and judicial

branches of the Government to encourage and help

them to adopt seat belt use programs.

SEC. 4. Reporting Requirements. The Secretary of

Transportation, in cooperation with the heads of executive branch agencies, and after consultation with the

judicial and legislative branches of Government, shall

submit an annual report to the President. The report

shall include seat belt use rates and statistics of crashes, injuries, and related costs involving Federal employees on official business and occupants of motor vehicles driven in national park areas, on Defense installations, and on highways in Indian Country. The report

also shall identify specific agency programs that have
§ 403 TITLE 23—HIGHWAYS Page 186

made significant progress towards achieving the goals

of this order or are notable and deserving of recognition. All agencies of the executive branch shall provide

information to, and otherwise cooperate with, the Secretary of Transportation to assist with the preparation

of the annual report.

SEC. 5. Other Powers and Duties. Nothing in this order

shall be construed to impair or alter the powers and duties of the heads of the various Federal agencies pursuant to the Highway Safety Act of 1966, 23 U.S.C. 402 and

403, as amended, section 19 of the Occupational Safety

and Health Act of 1970, 29 U.S.C. 668, as amended, or

sections 7901, 7902, and 7903 of title 5, United States

Code, nor shall it be construed to affect any right,

duty, or procedure under the National Labor Relations

Act, 29 U.S.C. 151 et seq.

SEC. 6. General Provisions. (a) Executive Order 12566 of

September 26, 1986, is revoked. To the extent that this

order is inconsistent with any provisions of any prior

Executive order, this order shall control.

(b) If any provision of this order or application of any

such provision is held to be invalid, the remainder of

this order and other applications of such provision

shall not be affected.

(c) Nothing in this order shall be construed to create

a new cause of action against the United States, or to

alter in any way the United States liability under the

Federal Tort Claims Act, 28 U.S.C. 2671-2680.

(d) The Secretary of Defense shall implement the provisions of this order insofar as practicable for vehicles

of the Department of Defense.

(e) The Secretary of the Treasury and the Attorney

General, consistent with their protective and law enforcement responsibilities, shall determine the extent

to which the requirements of this order apply to the

protective and law enforcement activities of their respective agencies.

WILLIAM J. CLINTON.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 152, 153, 157, 403,

404, 406, 408, 410 of this title; title 42 section 7544; title

49 sections 30308, 31102, 31107.

§ 403. Highway safety research and development

(a) AUTHORITY OF THE SECRETARY.—

(1) IN GENERAL.—The Secretary is authorized

to use funds appropriated to carry out this

section to engage in research on all phases of

highway safety and traffic conditions.

(2) ADDITIONAL AUTHORITY.—In addition, the

Secretary may use the funds appropriated to

carry out this section, either independently or

in cooperation with other Federal departments or agencies, for—

(A) training or education of highway safety personnel,

(B) research fellowships in highway safety,

(C) development of improved accident investigation procedures,

(D) emergency service plans,

(E) demonstration projects, and

(F) related research and development activities which the Secretary deems will promote the purposes of this section.

(3) SAFETY DEFINED.—As used in this section,

the term ‘‘safety’’ includes highway safety and

highway safety-related research and development, including research and development relating to highway and driver characteristics,

crash investigations, communications, emergency medical care, and transportation of the

injured.

(b) DRUGS AND DRIVER BEHAVIOR.—In addition

to the research authorized by subsection (a), the

Secretary, in consultation with other Government and private agencies as may be necessary,

is authorized to carry out safety research on the

following:

(1) The relationship between the consumption and use of drugs and their effect upon

highway safety and drivers of motor vehicles.

(2) Driver behavior research, including the

characteristics of driver performance, the relationships of mental and physical abilities or

disabilities to the driving task, and the relationship of frequency of driver crash involvement to highway safety.

(c) The research authorized by subsections (a)

and (b) of this section may be conducted by the

Secretary through grants and contracts with

public and private agencies, institutions, and individuals.

(d) The Secretary may, where he deems it to

be in furtherance of the purposes of section 402

of this title, vest in State or local agencies, on

such terms and conditions as he deems appropriate, title to equipment purchased for demonstration projects with funds authorized by

this section.

(e) In addition to the research authorized by

subsection (a) of this section, the Secretary

shall, either independently or in cooperation

with other Federal departments or agencies,

conduct research into, and make grants to or

contracts with State or local agencies, institutions, and individuals for projects to demonstrate the administrative adjudication of traffic infractions. Such administrative adjudication demonstration projects shall be designed to

improve highway safety by developing fair, efficient, and effective processes and procedures for

traffic infraction adjudication, utilizing appropriate punishment, training, and rehabilitative

measures for traffic offenders. The Secretary

shall report to Congress by July 1,1975, and each

year thereafter during the continuance of the

program, on the research and demonstration

projects authorized by this subsection, and shall

include in such report a comparison of the fairness, efficiency, and effectiveness of administrative adjudication of traffic infractions with

other methods of handling such infractions.

(f) COLLABORATIVE RESEARCH AND DEVELOPMENT.—

(1) IN GENERAL.—For the purpose of encouraging innovative solutions to highway safety

problems, stimulating voluntary improvements in highway safety, and stimulating the

marketing of new highway safety-related technology by private industry, the Secretary is

authorized to undertake, on a cost-shared

basis, collaborative research and development

with non-Federal entities, including State and

local governments, colleges, and universities

and corporations, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of

any State or the United States. This collaborative research may include crash data collection and analysis; driver and pedestrian behavior; and demonstrations of technology.

(2) COOPERATIVE AGREEMENTS.—In carrying

out this subsection, the Secretary may enter

into cooperative research and development

agreements, as defined in section 12 of the Ste-