< Back to H.R. 3355 (111th Congress, 2009–2010)

Text of the Older Driver and Pedestrian Safety and Roadway Enhancement Act of 2009

This bill was introduced on July 27, 2009, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 27, 2009 (Introduced).

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Source: GPO

I

111th CONGRESS

1st Session

H. R. 3355

IN THE HOUSE OF REPRESENTATIVES

July 27, 2009

introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To direct the Secretary of Transportation to carry out a program to improve roadway safety infrastructure in all States to enhance the safety of older drivers and pedestrians, and for other purposes.

1.

Short title

This Act may be cited as the Older Driver and Pedestrian Safety and Roadway Enhancement Act of 2009.

I

ROADWAY SAFETY ENHANCEMENT PROGRAM FOR OLDER DRIVERS AND PEDESTRIANS

101.

Roadway safety enhancement program for older drivers and pedestrians

(a)

Establishment of program

The Secretary of Transportation shall establish and implement a program, the roadway safety enhancement program for older drivers and pedestrians, to improve roadway safety infrastructure in all States in a manner consistent with the recommendations included in the publication of the Federal Highway Administration entitled Highway Design Handbook for Older Drivers and Pedestrians (FHWA–RD–01–103), referred to in this Act as the Handbook, dated May 2001 or as subsequently revised and updated pursuant to section 103.

(b)

Purpose

The purpose of the roadway safety enhancement program for older drivers and pedestrians is to achieve a significant reduction in roadway fatalities and serious injuries among drivers and pedestrians 65 years of age or older on all public roads.

(c)

Apportionment of funds

(1)

In general

On October 1 of each fiscal year, the Secretary shall apportion such funds authorized to be appropriated to carry out this section for such fiscal year among the States in accordance with the following formula:

(A)

331/3 percent of the apportionment in the ratio that—

(i)

the total vehicle miles traveled on lanes on public roads in each State; bears to

(ii)

the total vehicle miles traveled on lanes on public roads in all States.

(B)

331/3 percent of the apportionment in the ratio that—

(i)

the total per capita population of individuals 65 years of age or older residing in each State in the latest fiscal year for which data is available, bears to

(ii)

the total per capital population of individuals 65 years of age or older residing in all States in the latest fiscal year for which data is available.

(C)

331/3 percent of the apportionments in the ratio that—

(i)

the total number of fatalities and serious injuries among drivers and pedestrians 65 years of age or older on public roads in each State in the latest fiscal year for which data are available, bears to

(ii)

the total number of fatalities and serious injuries among drivers and pedestrians 65 years of age or older on the public roads in all States in the latest fiscal year for which data are available.

(2)

Minimum apportionment

Notwithstanding paragraph (1), each State shall receive a minimum apportionment of not less than one percent of the funds apportioned under this subsection.

(d)

Project eligibility and selection

(1)

In general

A State may obligate funds apportioned to the State under subsection (c) for the planning, design, and construction of infrastructure-related projects that employ safety enhancement recommendations set forth in the Handbook—

(A)

to improve safety at intersections, interchanges, rail grade crossings, and roadway segments;

(B)

to make systemic roadway safety improvements on public roads; and

(C)

to improve roadway safety on other sections or elements of public roads that a State transportation department identifies as hazardous for older drivers and pedestrians.

(2)

Project identification and selection priorities

To obligate funds apportioned under subsection (c) to carry out this section, a State shall have in effect, either in conjunction with a State strategic highway safety plan pursuant to section 148 of title 23, United States Code, or separately, appropriate policies and procedures developed by the State transportation department to—

(A)

analyze and make effective use of State, regional and local crash and fatality data, hospital reports and other data to document traffic-related fatalities and injuries to individuals 65 years of age or older;

(B)

consult with appropriate State and local transportation planning agencies, State and local safety agencies and organizations, representatives of the roadway infrastructure safety industry, and State and local organizations representing older drivers and pedestrians, to identify hazardous locations, sections, and elements of public roads that constitute a danger for drivers, vehicle occupants, or pedestrians 65 years of age or older;

(C)

determine the relative severity of hazardous road and highway locations, sections and elements for drivers and pedestrians age 65 years or older through crash and injury data analysis;

(D)

establish priorities for obligating funds among potential projects for correction of hazardous road and highway conditions, which shall include projects that—

(i)

involve hazardous intersection, road or highway conditions identified in a strategic highway safety plan pursuant to section 148(c)(1)(D) as exhibiting the most severe safety needs;

(ii)

make use of multiple Handbook recommendations or the use of a systemic program to correct the most serious highway safety hazards for drivers or pedestrians 65 years of age or older; or

(iii)

are used in conjunction with other Federal programs such as the safe routes to schools program pursuant to section 1404 of SAFETEA–LU or such other road safety design improvements or funding that enhance traffic and pedestrian safety for all roadway users;

(E)

establish and implement a schedule of roadway infrastructure safety improvement projects for hazard correction and hazard prevention; and

(F)

establish an evaluation process to analyze and assess results achieved by highway safety improvement projects carried out in accordance with procedures and criteria established by the section and report annually the results of such evaluations to the Secretary.

(e)

Federal share

The Federal share of the cost of a project carried out under this section shall be 90 percent.

(f)

Definitions

As used in this section, the terms public road, State, and State transportation department have the meaning such terms have in section 101 of title 23, United States Code.

(g)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $500,000,000 to carry out this section for each of fiscal years 2010 through 2015.

(2)

Applicability of title 23

Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner as if such funds were appropriated under chapter 1 of title 23, United States Code, and such funds shall remain available until expended and shall not be transferable.

102.

Regulations

Not later than 9 months after the date of enactment of this Act, the Secretary shall issue regulations to carry out section 101.

103.

Revision of the highway design handbook for older drivers and pedestrians

The Secretary of Transportation shall—

(1)

finalize the revision of the Handbook for publication on or before the date required for issuance of regulations in section 102;

(2)

initiate a review of applicable traffic safety research for purposes of incorporating in the Handbook appropriate recommendations relating to—

(A)

supplemental lighting at intersections, interchanges, rail-grade rail crossings and hazardous sections of roadways, as appropriate, to address visual impairments among older drivers;

(B)

wet-night visibility of pavement markings and edgelines; and

(C)

design of intersection curbs and curb ramps to address physical limitations of older or disabled pedestrians;

(3)

issue, not later than one year after the date of enactment of this section, a guidance memo regarding the appropriateness of applying to public roads and highways pedestrian safety improvements relating to the following intersection design elements:

(A)

receiving lane (throat) width for turning operations;

(B)

channelization;

(C)

offset (single) left-turn lane geometry, signing, and delineation;

(D)

curb radius; and

(E)

pedestrian crossing design, operations, and control; and

(4)

conduct ongoing research to permit revision and publication of an updated Handbook not later than December 31, 2014.

II

OLDER DRIVER AND PEDESTRIAN TRAFFIC SAFETY AMENDMENTS AND ADMINISTRATIVE COORDINATION

201.

Miscellaneous conforming amendments

(a)

Collection of traffic injury and fatality data on older drivers and pedestrians

Section 148(c)(1)(D) of title 23, United States Code, is amended—

(1)

by striking and at the end of clause (iii);

(2)

by inserting and at the end of clause (iv); and

(3)

by inserting after clause (iv), the following:

(v)

includes a means of identifying the relative severity of hazardous locations described in clause (iii) in terms of accidents, injuries, and death involving drivers, passengers, and pedestrians 65 years of age or older;

.

(b)

Repeal of existing law

Section 1405 of the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (23 U.S.C. 401 note; 119 Stat. 1230), and the item relating to such section in section 1(b) of such Act, are repealed.

202.

Coordination and oversight of older driver safety

(a)

In general

The Secretary shall appoint a Special Assistant for Older Driver and Pedestrian Safety within the Office of the Secretary to oversee and coordinate programs operated or funded by the Department relating to transportation safety, research, and services for individuals age 65 and older.

(b)

Policy goals and implementation

The Secretary shall establish, after consultation with other Federal and State transportation agencies, organizations representing individuals age 65 and older, representatives of law enforcement, and advocates for roadway safety infrastructure, national goals for increasing driver, passenger, and pedestrian safety for persons age 65 and older, together with procedures for implementing and monitoring progress toward achieving such goals.

(c)

Duties of the special assistant

The Special Assistant for Older Driver and Pedestrian Safety shall be responsible for planning and implementing policies to achieve the national goals set forth by the Secretary pursuant to subsection (b), and, in consultation with the Secretary and the Undersecretary for Policy, shall also have responsibility to:

(1)

oversee collection and analysis of national traffic accident, injury, and fatality data relating to individuals age 65 and older;

(2)

coordinate and make recommendations regarding research undertaken by the Department to identify and address the safety needs of drivers, passengers, and pedestrians age 65 and older;

(3)

oversee the revision of the Handbook, as required by section 103 of this Act;

(4)

oversee the conduct of research and make recommendations for inclusion in the manual on uniform traffic control devices of appropriate safety features and traffic control devices in the Handbook that have been determined effective in reducing injuries or fatalities among drivers, passengers, and pedestrians age 65 and older;

(5)

oversee research by the National Highway Traffic Safety Administration to test and implement vehicle crash dummies that more accurately reproduce and measure the severity of vehicle-related injuries for occupants age 65 and older;

(6)

encourage and facilitate revision of the abbreviated injury scale system of injury quantification to more accurately measure injuries and fatalities to vehicle occupants age 65 and older, including measuring the effect of pre-existing and chronic conditions and long-term injury outcomes;

(7)

improve coordination of research sponsored by the Department to develop efficient, effective and safe mobility options for individuals age 65 and older with research conducted by the National Center on Senior Transportation; and

(8)

undertake such other duties and responsibilities that the Secretary or the Undersecretary for Policy shall determine appropriate.

(d)

Report to congress

The Secretary, not later than 12 months after the date of enactment of this section, and not less than annually thereafter, shall submit to Congress a report that documents the progress made by the Department to achieve the goals set forth by the Secretary pursuant to subsection (b), that shall include, as appropriate, descriptions of any impediments to achieving such goals, explanation of strategies or plans to address such impediments, and recommendations for additional Congressional action.

(e)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $250,000 to carry out subsection (d) for each of fiscal years 2010 through 2015.

(2)

Applicability of title 23

Funds authorized to be appropriated to carry out subsection (d) shall be available for obligation in the same manner as if such funds were appropriated under chapter 1 of title 23, United States Code, and such funds shall remain available until expended and shall not be transferable.

203.

Minimum levels of retroreflectivity for pavement markings

Not later than October 1, 2010, the Secretary of Transportation shall revise the manual on uniform traffic control devices to include a standard for a minimum level of retroreflectivity that must be maintained for pavement markings, which shall apply to all roads open to public travel.