Laws: Cases and Codes : U.S. Code : Title 23 : Section 152


   
U.S. Code as of: 01/19/04
Section 152. Hazard elimination program

      (a) In General. - 
        (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
    safety improvement project, including a project described in
    subsection (a).
      (c) Funds authorized to carry out this section shall be available
    for expenditure on - 
        (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 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 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 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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