HSIP Noteworthy Practice Series

Use of the HSIP Flexible 

Funding Provision

About the HSIP Noteworthy Practice Series

The Highway Safety Improvement Program (HSIP) is a core Federal-aid highway program with the 

primary purpose of achieving a significant reduction in fatalities and serious injuries on all public 

roads. Many states and local agencies are successfully implementing innovative approaches to HSIP 

planning, implementation, and evaluation. The HSIP Noteworthy Practices Series presents case 

studies of these successful practices organized by specific HSIP topics. The individual case studies 

provide summaries of each practice, key accomplishments, results, and contact information for those 

interested in learning more.

Use of the HSIP Flexible Funding Provision

Highway safety funds should be spent where they 

will have the highest payoff in terms of saving 

lives and reducing serious injuries. Flexibility in 

the use of HSIP funds is an important tool in the 

delivery of an overall safety strategy. 

The HSIP, codified by SAFETEA-LU as section 148 of Title 23 U.S.C., apportions funds 

to states under section 104(b)(5) for a range 

of eligible safety activities focused primarily 

on infrastructure-related safety improvements. 

Section 148(e) addresses the opportunity to use 

these financial resources where they can make 

the greatest impact, as identified in a state’s 

Strategic Highway Safety Plan (SHSP). This 

provision allows a state department of transportation (DOT) to use up to 10 percent annually 

of its HSIP funds for other types of safety projects under Title 23, as long as the state meets 

certain conditions. 

To be eligible to use the 10 percent flexibility provision in a fiscal year a state must have an approved 

SHSP, certify it has met its railway-highway grade 

crossing and infrastructure safety needs, and submit a written request to the state Federal Highway 

Administration (FHWA) Division Office.

FHWA has provided extensive guidance on 

the implementation of the flexibility provision, including details on the process to 

follow, implementation and project eligibility, 

financing, reporting, and subsequent fiscal year 

approvals. This information can be found at: 

http://safety.fhwa.dot.gov/hsip/gen_info.

A decision on whether to flex funds is something 

the state must decide based on its needs and circumstances. As with all HSIP projects, a guiding 

principle should be the potential to improve safety. 

Through collaboration with safety partners, the 

SHSP process identifies statewide emphasis areas 

with the greatest potential for reducing fatalities and serious injuries. Linking HSIP projects, 

including flex funded activities, with the SHSP 

ensures the HSIP addresses priorities identified 

through the broader statewide strategic approach. 

States have used HSIP flex funds to support 

a range of enforcement and education strategies identified in the SHSP. Examples include 

overtime safety enforcement, ignition interlock programs, work zone safety messages, safe 

ride home programs to prevent impaired driving, and outreach programs on the use of car 

seats. Participation in the SHSP has also led 

states to multidisciplinary approaches to leverage 

resources, such as combining speed enforcement 

programs and infrastructure improvements for 

reducing roadway departure crashes.

 FHWA-SA-11-02
HSIP Noteworthy Practice Series Use of the HSIP Flexible Funding Provision

Noteworthy Practices

The following cases demonstrate noteworthy practices several states are using to apply the HSIP flexible funding provision:

• The Alabama Department of Transportation (ALDOT) flexed HSIP funds to pay for targeted enforcement efforts on the 

state highway system. ALDOT identified areas where fatal and serious injury crashes were occurring in a process aligned 

with the Strategic Highway Safety Plan (SHSP). Agency staff identified major factors such as speeding and roadway departures, and provided crash maps to the state patrol. Flex funds were used to pay for overtime enforcement, with close 

coordination between the State Patrol and the DOT. (read more)

• The Michigan Department of Transportation (MDOT) flexed HSIP funds for a statewide radio public service announcement (PSA) campaign on safe winter driving to reduce the number of winter weather-related crashes. The Ice and Snow, Take 

It Slow campaign focuses in part on speed reduction linking it to the speeding element identified in the State’s SHSP emphasis 

area on driver behavior and awareness. The program, based on an existing Clear Roads campaign, leveraged a partnership 

with the Michigan Association of Broadcasters. (read more)

• The Nevada Department of Transportation (NDOT) used flex funding to expand and strengthen several behavioral safety 

programs linked to the SHSP critical emphasis areas. Activities included expanding existing seat belt and impaired driving 

campaigns, developing a comprehensive Latino highway safety awareness and education program, rolling out a statewide 

teen program on safe driving, developing educational tip cards on topics related to the SHSP emphasis areas, and conducting 

a program for safe rides home on New Year’s Eve and St. Patrick’s Day. (read more)

• The Utah DOT (UDOT) used HSIP flex funds to support education and outreach programs linked to Utah’s Comprehensive 

Safety Plan (the State’s strategic highway safety plan). Programs are managed by several partner agencies and include developing a teen memoriam yearbook, expanding the Safe Kids Campaign to increase the use of car seats and booster seats, and 

supporting a Traffic Safety Resource Prosecutor position. (read more)

To access these full case studies, click on the individual links above or visit the FHWA Office of Safety on-line at: 

http://safety.fhwa.dot.gov/hsip.

Highway Safety Improvement Program

Data Driven Decisions

FHWA-SA-11-02

The Focus is Results
HSIP Noteworthy Practice Series

Alabama Flexes HSIP Funds 

for Increased Enforcement

Alabama

Thirty percent of speeding crashes and 60 percent of 

roadway departure crashes occur on the 11,000 miles of 

Alabama’s state highway system. According to Wes Elrod, 

Transportation Planning and Modal Programs Assistant 

Bureau Chief, a review of the data and current countermeasures indicated a need for increased enforcement.

Until the flex funding option became available in FY 2006, 

the Alabama Department of Transportation (ALDOT) 

did not have a mechanism to provide direct financial 

assistance to the Department of Public Safety (DPS) for 

increased enforcement on the state system. The Highway 

Safety Office (HSO) distributes a significant proportion 

of its National Highway Traffic Safety Administration 

(NHTSA) funds to local governments and only a limited 

amount to DPS. Recognizing limited resources for traffic 

enforcement, ALDOT used HSIP flex funds to increase 

enforcement strategies identified in the strategic highway 

safety plan (SHSP) addressing behavior to complement 

infrastructure improvements and more effectively reduce 

roadway departure crashes. ALDOT flexed between 

five and eight percent of its HSIP funds annually from 

FY 2007 to FY 2010, resulting in $1.5 to $2.8 million 

spent on noninfrastructure safety projects each of the 

past four years. 

The majority of the flex funds paid for overtime for 

state police troopers to conduct speed enforcement 

activities, which is a strategy in the state SHSP Risky 

Driving Emphasis Area. ALDOT worked with the state 

police to determine how much overtime enforcement 

they could handle given personnel levels and agreed on 

an appropriate amount of HSIP funds to flex each year. 

ALDOT identified fatal and serious injury crash locations 

and provided crash maps to the state police. Using the 

Critical Analysis Reporting Environment (CARE) crash 

records system ALDOT identified the time of day and 

the type of crashes. Troopers then focused their overtime efforts on those times and locations. ALDOT 

divided HSIP funds among the 12 state police trooper 

posts proportionally based on the number of high-crash 

corridors in each area. 

ALDOT closely monitored enforcement results and 

made adjustments as necessary. In quarterly reports, the 

state police provided the hours worked by each trooper 

and citations issued during overtime enforcement periods. ALDOT continuously evaluated results to ensure 

safety goals were met and whether the effort was a successful countermeasure for reducing both speeding and 

lane departure crashes. 

Key Accomplishments

•	 Strengthened the partnership with Department of

Public Safety, which is a member of the SHSP

Executive Committee.

•	 Implemented an enhanced data-driven program of

enforcement on the state highway system.

•	 Took advantage of joint crash data system to

provide crash maps and time of day information

to DPS.

•	 Increased the efficiency of state law enforcement

by funding improved radar and GPS devices.

Use of the HSIP Flexible Funding Provision
HSIP Noteworthy Practice Series Use of the HSIP Flexible Funding Provision

Results

Flexing HSIP funds for use by DPS for enforcement has resulted in a strong partnership between the state police 

and ALDOT staff, while addressing noninfrastructure emphasis areas from the SHSP. This effort has resulted in 

increased deployment of enforcement resources on the state highway system based on crash data. From 2007 to 

2009 the number of fatal crashes involving speeding decreased 31 percent, from 369 in 2007 to 255 in 2009.

Contact

Waymon Benifield

Safety Management Section Administrator

Alabama DOT

Phone 334-353-6404

benifieldw@dot.state.al.us

Wes Elrod

Assistant Bureau Chief, Modal Programs

Alabama DOT

Phone: 334-353-6407

elrodw@dot.state.al.us

Highway Safety Improvement Program

Data Driven Decisions

 FHWA-SA-11-02 The Focus is Results
HSIP Noteworthy Practice Series

Michigan Uses HSIP Flex 

Funds for Winter Safe 

Driving Campaign Michigan

The Michigan Department of Transportation (MDOT) 

flexed $45,000 of its Highway Safety Improvement 

Program (HSIP) funds in FY 2008 to launch a radio 

public service announcement (PSA) campaign on safe 

winter driving, which was conducted from December 

2007 through March 2008. 

The MDOT Communications Department successfully used earned media (news coverage, editorials, etc.) 

to promote past campaigns, but the number of winter 

weather-related crashes and the launch of a new slogan 

and logo – Ice & Snow, Take It Slow – called for increased 

media exposure. The problem of winter-related crashes 

also resulted in support for the increased public outreach 

from the county road commissions around the State. 

The MDOT Communications Department oversaw the 

implementation of the Ice and Snow, Take It Slow campaign, 

which in the past was supported by state funds. Support 

for this type of program was in jeopardy based on efforts 

to direct all state funding toward matching Federal monies 

on construction projects. 

The Ice and Snow, Take It Slow campaign was developed by 

Clear Roads, a national winter maintenance program with 

14 member states. Public information officers from 12 of 

the state DOTs, including Michigan, contributed time and 

effort to develop the message based on four top winter 

safety issues:

• Speed reduction;

• Safe travel around snowplows;

• Safe driving maneuvers; and

• Trip preparedness. 

Speeding is part of Michigan’s Strategic Highway Safety 

Plan (SHSP) emphasis area on driver behavior and awareness, providing an important link for the Ice and Snow, Take 

It Slow campaign. 

During the winter of 2008, MDOT, which designed the 

logo for use by 20 states, included the campaign tagline 

in all news releases, put winter driving safety tips on-line, 

displayed posters in all Michigan rest areas, and ran a statewide radio campaign. A partnership with the Michigan 

Association of Broadcasters enabled a wider distribution 

of the radio PSA, which resulted in securing more than 

four times the value of the media purchased and greatly 

extending the campaign’s reach throughout the State.

Key Accomplishments

•	 Used HSIP flex funds to conduct a radio PSA

campaign that focused on a high-crash situation,

i.e., winter driving.

•	 Leveraged a partnership with the Michigan

Association of Broadcasters for improved return

on investment.

•	 Took advantage of existing Clear Roads campaign.

Use of the HSIP Flexible Funding Provision
HSIP Noteworthy Practice Series Use of the HSIP Flexible Funding Provision

Results

Because of the flex provision, Michigan has been able to sustain the campaign on safe winter driving, resulting in 

increased public awareness. Michigan fatal crashes in snow have decreased from a five-year rolling average of 77 in 

2005 to 63 in 2009. Serious injury crashes involving snow have decreased from a five-year rolling average of 537 

in 2005 to 413 in 2009. 

Contact

Mark Bott

Traffic Operations Engineer 

Michigan Department of Transportation

517-335-2625

bottm@michigan.gov

Highway Safety Improvement Program

Data Driven Decisions

 FHWA-SA-11-02 The Focus is Results
HSIP Noteworthy Practice Series

Nevada Funds Education and 

Outreach Programs with 

HSIP Flex Funds

Use of the HSIP Flexible Funding Provision

Nevada

The Nevada Department of Transportation (NDOT) 

flexed $800,000 of its Highway Safety Improvement 

Program (HSIP) funds in FY 2009 (seven percent of the 

total) to fund a range of outreach and education campaigns linked to the State’s Strategic Highway Safety Plan 

(SHSP) emphasis areas. 

SHSP partners actively participated in identification of 

the flex projects. SHSP critical emphasis area (CEA) 

teams identified several projects focusing on seat belts, 

impaired driving, lane departures, intersections, and 

pedestrians. Other flex projects involving marketing and 

communications were identified by the Nevada Strategic 

Communications Alliance (SCA), comprised of public 

information officers from state agencies and private sector 

organizations with an interest in safety. The SCA manages communications and marketing related to the SHSP, 

and recommended strategies within the SHSP emphasis 

areas. The list of recommendations from the SCA and the 

CEA teams was reviewed by the SHSP Technical Working 

Group and then by the Nevada Executive Committee on 

Traffic Safety. 

The increased communications among partners from 

the SHSP process resulted in several key developments. 

The Office of Traffic Safety (OTS) reported a reduction in funding for safety belt and impaired driving 

media campaigns. It is doubtful that without the SHSP 

forum NDOT and others would have been aware of 

this situation. The $300,000 in flex funds, which were 

used to increase media buys, extended these campaigns 

and augmented the outreach already underway. 

The creation of the SCA resulted in innovative programs 

receiving much-needed support and expansion of successful programs statewide. NDOT invested $114,000 

in flex funds in Nevada’s Prevent All Crashes Every Day

(PACE) program, which increases awareness of seatbelt 

use and the dangers of impaired and distracted driving 

among teens through presentations on the program at 

assemblies, teacher meetings, and other events. The flex 

funds enabled OTS to roll out the program beyond the 

Las Vegas area to other teens statewide. 

To reach the Latino population, NDOT invested $310,000 

to hire regional coordinators and develop a comprehensive Latino community highway safety awareness and 

education program. The objective was to engage Latino 

audiences, particularly first- and second-generation 

Latinos, through culturally responsive media campaigns, 

enforcement operations, and educational programming 

targeting highway safety messages in the areas of seat 

belts, impaired driving, and pedestrian safety. 

NDOT used $20,000 in flex funds to support the Nevada 

Department of Motor Vehicles (DMV) in publishing up 

to 150,000 educational tip cards on topics related to the 

SHSP emphasis areas, including teen driving, impaired 

driving, seat belts and child safety seats, pedestrian and 

bicycle safety, lane departures (move over law), and 

other new legislation. This project was an update and 

revitalization of the DMV’s existing “Quick Tip” series.

Key Accomplishments

•	 Used Emphasis Area teams to identify safety

projects for flex funding.

•	 Used HSIP flexible funding provision to expand

successful and proven programs.

•	 Initiated a new education program to reach the

Latino population.

•	 Strengthened relationships with safety partner

agencies.
HSIP Noteworthy Practice Series Use of the HSIP Flexible Funding Provision

NDOT allocated an additional $56,000 to the Regional Transportation Commission (RTC) of Washoe County to 

provide and promote a “Safe Ride Home” with free public transportation on New Year’s Eve and St. Patrick’s Day in 

Reno/Sparks along with a “Don’t Drink and Drive/Safe Ride Home” education campaign. 

NDOT staff found the flex fund application process to be fairly simple since the agency met the requirement of 

obligating funds for the infrastructure projects it had identified for the year. Additionally, given the FHWA division office’s participation in SHSP implementation activities, the Nevada Division Office FHWA representative was 

familiar with the proposed projects. 

Performance measures and tracking mechanisms are included in funding agreements with each of the implementing agencies. For example, process measures for tracking successful implementation include, among others, 

the number of materials distributed, the number of active partners, and the number of news stories about the 

issue. Outcome measures include changes in target audience behavior and attitude on seat belts, impaired driving, and pedestrian safety.

Results

Flexing of HSIP funding enabled NDOT to support multiple education and outreach programs related to the SHSP 

that would not have received funding or support otherwise. Included with efforts targeting the general population 

are programs to reduce fatalities and serious injuries among two high-risk groups – young drivers and Latinos. The 

successful PACE program was expanded from just one area to students all over the State. The proven effective 

Click It or Ticket and Over the Limit Under Arrest campaigns were also expanded. The RTC free ride program provided 

7,326 rides between 7 p.m. and 4 a.m. on New Year’s Eve in 2009. While data is not available for the specific day, 

the number of crashes involving driving under the influence (DUI) in December 2009 was 30 percent lower than 

in December 2008. 

Contact

Chuck Reider

Chief Safety Engineer

Nevada DOT

775-888-7335

creider@dot.state.nv.us

Highway Safety Improvement Program

Data Driven Decisions

 FHWA-SA-11-02 The Focus is Results
HSIP Noteworthy Practice Series

Utah Flexes HSIP Funds to 

Enhance Partners’ Safety 

Efforts Utah

Overall, the Utah Department of Transportation (UDOT) 

spends about $20 million per year on roadway safety, onehalf of which is funded via a state funding mechanism and 

one-half via the Highway Safety Improvement Program 

(HSIP). The State receives about $4 million per year in 

Federal highway safety grant funding (i.e., Sections 402, 

405, 408, 410, etc.). According to crash data, the majority of fatal and serious injury crashes in Utah are behavior 

related. However, the state funding mechanism is limited 

to infrastructure investments. Given the level of behavior 

related crashes, UDOT decided to take full advantage of 

the HSIP flexibility provision to fund noninfrastructure 

safety programs. “There is a lot of talk about an integrated 

approach to safety – the 4Es (enforcement, education, 

engineering, and emergency response). We are utilizing the 

flex funds to address the other Es beyond engineering,” 

said Utah Director of Traffic and Safety Robert Hull. 

UDOT has flexed approximately 10 percent of its HSIP 

funds each year for an annual investment of approximately 

$900,000 in safety funds for noninfrastructure programs 

between FY 2006 and FY 2009. This has enabled UDOT 

to support its overall safety program – Zero Fatalities – 

and reinforce partnerships with new and existing safety 

partners through support of their programs. Partners 

include the Department of Public Safety (DPS); Highway 

Safety Office (HSO); Utah Department of Health (DOH) 

Violence and Injury Prevention Program; Utah Safety 

Council (USC); and Utah Attorney General’s Office. 

Programs were identified by the partner agencies and 

then reviewed by UDOT as potential HSIP flex projects, 

considering their link to the Utah’s Comprehensive Safety 

Plan (the State’s strategic highway safety plan). 

UDOT used flex funds for informational safety and public 

outreach materials as well as to support the implementation of a multidisciplinary safety summit. One of the 

projects identified by DPS and DOH was a teen memoriam yearbook, which includes stories from families about 

teens that have died in crashes. Funding from UDOT 

pays for the creative development and production while 

the DOH and DPS work with the families to develop the 

stories. The book has been used in teen driver education 

classes for the past two years. 

Additional education and outreach programs supported 

by flex funds include the Operation Lifesaver program to 

reduce pedestrian crashes at rail crossings and support 

for USC’s Alive@25 program that promotes safe driving 

among youth. The 14 Safe Kids chapters across the State 

receive funding to buy car and booster seats that are given 

away during Safe Kids Week. 

UDOT also contributes flex funds to support a Traffic 

Safety Resource Prosecutor position. This attorney, who 

is housed in the Attorney General’s office, works with 

county and city prosecuting attorneys to help them handle 

impaired driving-related court cases. The resource prosecutor provides quarterly reports of their activities to 

ensure objectives of the program are met. 

“Applying for flex funds is not difficult given that all 

the data needed is assembled in other annual reports, 

including those on the HSIP program, railroad program, 

Safe Routes to School, and the 5% Report,” said Hull. 

Key Accomplishments

•	 Strengthened relationships in the safety community through funding partner programs.

•	 Enabled improved creativity in addressing safety

issues.

•	 Demonstrated greater levels of success through

collaboration.

Use of the HSIP Flexible Funding Provision
HSIP Noteworthy Practice Series Use of the HSIP Flexible Funding Provision

Results

Since 2000 Utah has experienced a reduction in fatal crashes of 34 percent. In 2009, fatalities were the lowest in 

34 years. Overall, flex funding has been used to strengthen the Zero Fatalities Program, the overarching safety effort 

in Utah. Since Zero Fatalities was initiated in 2005, all of the safety campaigns in the State have been branded with 

the logo. The last market survey in 2009 showed that Utah residents had a 75 percent awareness rate of the Zero 

Fatalities campaign and the related safety programs. In addition, the flex funded Traffic Safety Prosecutor has helped 

cities and counties without experience in impaired driving-related court cases reduce the number of dismissals or 

reduced charges. 

Contact

Robert Hull

Director, Traffic and Safety Division

Utah DOT

801-965-4273

rhull@utah.gov

Highway Safety Improvement Program

Data Driven Decisions

 FHWA-SA-11-02 The Focus is Results