23 U.S.C. § 152

Section 152 · Hazard elimination program

Current version, with additions and removals from the November 28, 1995 version.

Current — June 9, 1998

As of November 28, 1995

(a) In General.—

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

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

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

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

(B) develop and implement projects and programs to address the hazards.

(b) The Secretary may approve as a project under this section any ~~highway~~ safety improvement ~~project.~~

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

(c) Funds authorized to carry out this section shall be available for expenditure ~~on any public road (other than a highway on the Interstate System).~~

(1) any public road;

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

(3) any traffic calming measure.

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

(e) Funds authorized to be appropriated to carry out this section shall be ~~apportioned to the States as provided in section 402(c) of this title. Such funds shall be~~ available for obligation in the same manner and to the same extent as if such funds were apportioned under section ~~104(b)(1),~~ except that the Secretary is authorized to waive provisions he deems inconsistent with the purposes of this section.

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

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

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

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

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

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

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Versions

Jun 9, 1998 – presentcurrentviewing
Annual edition
Subsec. (a). Pub. L. 105–178, § 1401(1), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, realigned margins, substituted “motorists, bicyclists, and pedestrians” for “motorists and pedestrians”, and added par. (2).
▸ what changed
Source credit
Pub. L. 105–178, title I, § 1401, June 9, 1998, 112 Stat. 235.
Nov 28, 1995 – Jun 9, 1998
Annual edition
Subsec. (g). Pub. L. 104–59 substituted “Committee on Transportation and Infrastructure” for “Committee on Public Works and Transportation”.
▸ what changed changes vs current →
Source credit
Pub. L. 104–59, title III, § 325(c), Nov. 28, 1995, 109 Stat. 592
Apr 2, 1987 – Nov 28, 1995
Annual edition
Subsec. (g). Pub. L. 100–17 substituted “the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives” for “the Congress”.
changes vs current →
Source credit
Pub. L. 100–17, title I, § 133(b)(12), Apr. 2, 1987, 101 Stat. 172
Jan 6, 1983 – Apr 2, 1987
Amended · full text not held
Subsec. (c). Pub. L. 97–424 substituted provision that funds authorized to carry out this section shall be available for expenditure on any public road (other than a highway on the Interstate System), for provision that funds authorized to carry out this section would be available solely for expenditure for projects on any Federal-aid system (other than the Interstate System) except in the Virgin Islands, Guam, and American Samoa.
Source credit
Pub. L. 97–424, title I, § 125, Jan. 6, 1983, 96 Stat. 2113
Dec 21, 1982 – Jan 6, 1983
Amended · full text not held
Subsec. (g). Pub. L. 97–375 inserted “(including but not limited to any projects for pavement marking)” after “implementing the hazard elimination program”.
Source credit
Pub. L. 97–375, title II, § 210(b), Dec. 21, 1982, 96 Stat. 1826
Nov 9, 1979 – Dec 21, 1982
Amended · full text not held
Subsec. (g). Pub. L. 96–106 substituted “December 30” for “September 30” and “April 1” for “January 1”.
Source credit
Pub. L. 96–106, § 10(b), Nov. 9, 1979, 93 Stat. 798
Nov 6, 1978 – Nov 9, 1979
Amended · full text not held
Subsec. (a). Pub. L. 95–599 substituted “public roads” for “highways” and inserted provisions relating to identification of hazardous sections and elements.
Source credit
Pub. L. 95–599, title I, § 168(a), Nov. 6, 1978, 92 Stat. 2722
May 5, 1976 – Nov 6, 1978
Amended · full text not held
Subsec. (f). Pub. L. 94–280 added subsec. (f).
Source credit
amended Pub. L. 94–280, title I, § 131, May 5, 1976, 90 Stat. 441
Aug 13, 1973 – May 5, 1976
Enacted · full text not held
Source credit
Added Pub. L. 93–87, title II, § 209(a), Aug. 13, 1973, 87 Stat. 286

See all changes since 1987 → current

Every enactment and amendment in this section's credit is listed. Full text is shown for versions back to 1987; earlier amendments are recorded by date and act, without pre-1994 full text.