VII.A. TZD Policy Review & Approval
DRAFT ATSSA’s Toward Zero Deaths Policy January 18, 2013 Highway Safety Improvement Program 1. Retain funding for the Highway Safety Improvement Program (HSIP) with a target minimum of $3 billion or 10% of overall highway funding, whichever is greater. (GR Committee Recommendation) In 2011, over 32,000 people lost their lives in motor vehicle crashes. The Highway Safety Improvement Program has helped to reduce those fatalities - there was a 24% reduction in fatalities from 2006 to 2011 as HSIP obligations and expenditures steadily increased in all states. Given the near universal goal of “Toward Zero Deaths”, it is important for Congress to maintain a strong commitment to roadway safety infrastructure, and the HSIP is a critical tool to accomplish this goal. 2. Amend language in current law to clarify Congressional intent that the only eligible use of HSIP funds is for roadway safety infrastructure projects. (GR Committee Recommendation) Congress eliminated the ability to flex funds between the HSIP (roadway safety infrastructure) and the behavioral safety programs in MAP-21. The FHWA took an overly broad interpretation of the HSIP eligibility provisions in MAP-21 to allow 100% eligibility of HSIP funding for non-infrastructure projects. In the next authorization bill, Congress should clarify its intent to keep the HSIP funding separate from NHTSA funding for behavioral safety programs. 3. Funding for the HSIP should be reserved exclusively for infrastructure safety projects and should not be transferable to other programs. (GR Committee Recommendation) As a core federal program, up to 50 percent of HSIP funds may be transferred to other federal-aid categories. Given that the nationwide need for roadway safety infrastructure improvements significantly exceeds the availability of safety funding, HSIP funds should be non-transferable to other programs. Rather, HSIP funding should be used exclusively for roadway safety infrastructure projects aimed at reducing the more than 32,000 deaths that occur on our roadways annually.
VII.A. TZD Policy Review & Approval
4. Require that private sector roadway safety industry representatives, as well as local government officials and MPO representatives, be included in the development of each state’s Strategic Highway Safety Plan (SHSP). (GR Committee Recommendation) Given the expertise of the private infrastructure safety industry, it is important that they be involved in the development of each state’s SHSP. Current law should be clarified in order to ensure that each state’s SHSP is developed utilizing the knowledge and experience of safety stakeholders – including the private sector. ATSSA conducted an informal survey at the end of 2012 and confirmed that some states do not allow for outside participation in the SHSP process; while other states only allow for cursory participation. It is our hope this issue will be addressed in the next authorization to provide a more open and holistic process. 5. Amend the definition of HSIP data improvement activities in MAP-21 to include the collection of pavement friction data. (HFS Council Recommendation) As states develop their highway base maps, the use of friction data should be encouraged. Frictional properties of pavements play a significant role in road safety as the friction between tire and pavements is a critical contributing factor in reducing potential crashes. The use of friction data will enhance the understanding of higher levels of pavement friction and will assist states in making appropriate investment decisions to improve roadway safety and prevent crashes. The collection of friction data should be eligible for HSIP funding. High friction surfacing is a speed countermeasure that improves braking at locations where roadway friction needs are at a maximum (for example horizontal curves, intersections and deceleration lanes). Kentucky has been focusing on high friction surface treatments, and they have seen a total crash reduction of 69% from an annual rate of 6.18 to 1.92.
6.
Amend the HSIP eligibility provisions related to the use of “skid-resistant surfaces” to clarify the ability to use this solution in a systemic manner when necessary and appropriate. (HFS Council Recommendation) Current law pertaining to the HSIP is designed to address skid-related crashes at intersections or at high crash locations. This policy clarification will allow agencies to use asset and geometric data to justify the systemic use of high friction surfacing to improve safety before fatal crashes occur. The FHWA and state DOTs are finding significant reductions in speed-related crashes from high friction surfacing applications. A Virginia Tech study calculated a return on investment as high as eight dollars returned for every dollar invested.
VII.A. TZD Policy Review & Approval
7. Amend the Highway Safety Improvement Program to exempt sign and pavement marking projects from statistical crash data requirements in order to be accepted as an eligible project for HSIP funding. (Sign Committee Recommendation) Regulatory and guide signs along with pavement markings provide the most basic level of guidance to keep road users either on the road or in the proper lane. As recently as 2005, the Center for Transportation Research at the University of Texas, Austin, computed crash statistics from four years of Texas data in order to compare crash trends on two-lane roadways with and without edge lines. The study results demonstrated that roadways with edge lines have an 8 percent lower mean crash ratio than similar roadways without edge lines. The installation of signs and markings is most often done either systemically or on large sections of roadways. ATSSA believes that non-industry sponsored research such as that cited above provides adequate data to justify this systemic approach without requiring the collection of crash data based on the existence or condition of these devices in a given segment of the roadway. 8. Add portable temporary rumble strips to the list of eligible activities under the Highway Safety Improvement Program. (TTC Committee Recommendation) The use of portable temporary rumble strips will provide drivers with an advance alert of a work zone and make both urban and rural road work zones, including short-term work zones, safer and will reduce fatalities and serious injuries. 9. Allow States' discretion to use Federal-aid/matching funds to acquire crashworthy devices, provided the devices have been found to be Federal-aid eligible by the FHWA’s Office of Safety. Legislative Amendment (change underlined): Amend 23 USC 148(a)(3)(B)(xvi) to read: “Installation and capital cost of guardrails, barriers (including barriers between construction work zones and traffic lanes for the safety of motorists and workers), and crash attenuators.” While the capital cost of guardrail, barriers and crash attenuators is typically covered with respect to fixed appurtenances, barrier used in temporary work zones is treated inconsistently and in some cases subjected to residual buyout whereby the State is charged for the remaining useful life of the barrier. With respect to barrier used for positive protection in temporary work zones, the problem becomes particularly acute as the barrier may have a long effective life and the use involves years of single day or short duration work. This amendment would allow for more innovative devices to be eligible for federal funding to ensure the safety of work zones.
VII.A. TZD Policy Review & Approval
Performance Measures: 1. Ensure the performance measure process included in MAP-21 requires funds to be used to address any roadway infrastructure safety improvements necessary to reduce fatalities and serious injuries on public roadways - regardless of which public entity owns the roadway. (TTC Committee Recommendation) Rural road safety continues to be a focus for safety advocates nationwide. MAP-21 eliminated the High Risk Rural Road Program in an effort to streamline the entire federal-aid highway program. Given that rural roads have a traffic fatality rate more than three times higher than all other roads, the need for a national focus on this issue remains. In addition, many rural roadways are often owned by non-state governments (localities, counties, cities, etc). Because of this division of ownership, federal and state funding is often bottlenecked at higher levels of government. The performance measure process in MAP-21 should ensure that states focus funding on these dangerous rural roadways regardless of ownership.
Roadway Hardware: 1. Require the Secretary of Transportation to establish guidelines and recommended fiscal year deadlines for States to come into compliance with NCHRP 350 or MASH crash test standards with respect to guardrail and other roadway safety features on high risk rural roads that are off of the National Highway System. (Guardrail Committee Recommendation) MAP-21 has a new, stronger focus on the use of data to make investment decisions. Based on accident data and severe hazard rural road locations, this recommendation will help reduce run off the road fatalities and support states in accomplishing goals for fatality and serious injury reduction within their state's Strategic Highway Safety Plan (SHSP). According to the FHWA, in 2009, there were 16,265 fatal roadway departure crashes resulting in 18,087 fatalities, which was 53 percent of the fatal crashes in the United States. 2. Require USDOT to conduct a study and create a Highway Hardware Best Practices Manual. (Guardrail Committee Recommendation) The study and manual shall be developed and promoted by USDOT utilizing the expertise of a Highway Hardware Task Force that includes membership from private industry, government, and safety infrastructure stakeholders who share a strong interest in highway hardware quality issues. When highway hardware is used and maintained properly, it is a tremendous lifesaver; however, when it is not, it can become a hazard for roadway users. The development of a Best Practices Manual will help to ensure that these life-saving devices are properly deployed.
VII.A. TZD Policy Review & Approval
Work Zone Safety: 1. Require the Secretary of Transportation to issue regulations within 18 months from the enactment of a reauthorization bill, establishing the conditions under which variable speed limit technologies shall be deployed in work zones on National Highway System projects. (ITS Council Recommendation) The use of variable speed limit technologies will allow the speed limits in a work zone to be adjusted to account for periods of time where no work is being conducted in the work zone (increasing credibility with road users) and the speed limit may then be increased accordingly. According to the Federal Highway Administration, variable speed limits within work zones help manage speed and improve safety within work zones. In addition, this requirement will enhance the likelihood that motorist speed will match the driving environment within work zones. This improves both motorist and worker safety. A Utah study showed that during evening conditions with the use of variable speed limit signs set to 65 miles per hour, the standard deviation of was speeds reduced by between 1.5 and 5.0 miles per hour. 2. Require the Secretary of Transportation to issue regulations within 24 months from enactment, establishing the work zone conditions under which the use of fixed and portable electronic message signs and other work zone delay, travel time, and warning information shall be utilized on highway routes on the National Highway System. (ITS Council Recommendation) Americans lose 3.7 billion hours and 2.3 billion gallons of fuel every year sitting in traffic jams, and nearly 24 percent of non-recurring freeway delay, or about 482 million hours, is attributed to work zones. According to the Federal Highway Administration, using these technologies to inform motorists results in fewer work zone crashes, improves worker safety, reduces congestion, reduces construction times and improves motorist behavior and support for road projects.
High Friction Surfaces: 1. Require the Secretary of Transportation to conduct a rulemaking process under which each state would develop and submit to the Secretary a Pavement Friction Management Program addressing issues outlined in FHWA Technical Advisory: Pavement Friction Demand (T 5040.38), June 17, 2010. (HFS Council Recommendation) Understanding friction benefits will result in more systemic use of high friction surfacing. FHWA studies to date indicate significant reductions in crashes when high friction
VII.A. TZD Policy Review & Approval
surfacing is used as a speed countermeasure. In a Virginia Tech study where before and after crash data were recorded a benefit-cost analysis justifies the use of a High Friction Surfacing system. The reduction in crash cost is 2 to 8 times the cost of the treatments for these locations. Pavement Markings: 1. Amend title 23 to include the following language: The Secretary shall amend the Federal Manual on Uniform Traffic Control Devices to require that the minimum width for edge lines covered under Section 3B.07 is not less than six inches. (Pavement Marking Committee Recommendation) The change would result in demonstrable safety improvements and will help prevent lane departure. A recent Texas Transportation Institute study concluded that wider edge lines have been shown to reduce total crashes 15 to 30 percent and fatal-plus-injury crashes 15 to 38 percent. In addition, the benefit-cost ratio for wider edge lines was shown to be $33 to $55 for each $1 spent. 2.
Direct the Secretary to issue a final rule on the establishment of minimum levels of retroreflectivity of pavement markings within 18 months of passage of legislation reauthorizing MAP-21. (Pavement Marking Committee) Recognizing the important relationship between retroreflectivity and roadway safety, Congress enacted legislation in 1992 directing the Secretary of Transportation to establish a national standard for “a minimum level of retroreflectivity that must be maintained for traffic signs and pavement markings” on all public roads. The FHWA has yet to issue the final rule pertaining to minimum levels of retroreflectivity for pavement markings. States should have two years from issuance of a final rule to implement a pavement marking management program designed at implementing the proposed rule. Minimum retroreflectivity levels for pavement markings shall apply only to pavement markings on federal-aid roads that are replaced after the implementation of a pavement marking management system. Requiring minimum retroreflectivity levels for pavement markings will ensure enhanced visibility for older drivers and a safer driving environment for all drivers. Well maintained retroreflective pavement markings improve roadway safety and prevent roadway departure crashes by reflecting light from vehicle headlights back toward the vehicle and the driver's eyes, making the pavement markings appear brighter and easier to see.
Funding:
VII.A. TZD Policy Review & Approval
1. ATSSA strongly supports efforts to increase funding options and revenue sources for the Highway Trust Fund. It is evident that the current federal user fees associated with the Highway Trust Fund will not support the maintenance of our roadways without a significant increase of the fuel tax rates. Given this reality, ATSSA supports new and innovative funding and financing options. (ATSSA Board Recommendation) ATSSA supports the following funding concepts - this list will be fluid and evolving: Increasing the federal motor fuel user fee Indexing the federal motor fuel user fee Bonding proposals (such as Build America Bonds or TRIP bonds) Expanding TIFIA Exploring a Mileage-Based User Fee in a manner that ensures individual privacy Expanding tolling Utilizing Public-Private Partnerships Exploring other user-fee financing mechanisms 2. Establish a process to distribute federal and state funding to local government entities to assist counties, cities and towns when implementing cost effective safety improvements. (GR Committee and TTC Committee Recommendations) The fact that 60 percent of fatalities are the result of roadway departures and that fatalities on rural roads account for approximately 53 percent of total roadway fatalities nationwide is a serious safety issue. The only way that these fatalities can be addressed is to target investments on rural roadways that are locally owned as well as on the National Highway System.
Grants: 1. Continue the Work Zone Safety Grant and ensure that it is sufficiently funded in the next transportation authorization. (ATSSA Staff Recommendation) Congress demonstrated its strong commitment to improving work zone safety by continuing the Work Zone Safety Grant in MAP-21. By continuing this grant from SAFETEA-LU, Congress has shown a desire to reduce fatalities in work zones across the country. Prior to the enactment of SAFETEA-LU in 2005, on average, more than 1,000 people per year were killed in work zones in the United States. Because of the tremendous work done through the Work Zone Safety Grant since that time, that number has been dramatically reduced. In 2010, there were 576 fatalities in work zones. While this is still an unacceptably high number, these reductions show the benefits that can be made by continuing the safety training under the Work Zone Safety Grant and illustrates the need to increase this training.
VII.A. TZD Policy Review & Approval
2. Expand the list of eligible activities for the Work Zone Safety Grant to include guardrail installation and maintenance training for guardrail installers, inspectors, and designers. (Guardrail Committee Recommendation) The Work Zone Safety Grant has trained over 48,000 roadway workers and produced over 150,000 guidance documents as of September 2012. The grant focuses on what is considered “typical roadway safety workers” – traffic control technicians, supervisors, flaggers, etc. Guardrail installation, maintenance and inspection is an important aspect of making the roadway safer that should be included in this grant's eligible activities. While properly installed and maintained guardrail is a clear life saver; if installed or maintained poorly, it can become a significant roadway hazard. 3. Create an annual $1.5 million competitive grant to establish a Roadway Departure Safety Information Clearinghouse. (ATSSA Staff Recommendation)
This $1.5 million competitive grant would cover the establishment of a centralized, comprehensive and actively managed Roadway Departure Safety Information Clearinghouse. The proposed Clearinghouse would provide a source of information on roadway departure, roadside safety, and safety infrastructure that will serve state departments of transportation, local agencies, designers, planners, consultants, policy makers and others involved in the implementation of safety improvements. The Clearinghouse would greatly expand the knowledge of and use of roadway departure safety infrastructure countermeasures by providing rapid access to information, best practices, training, safety features and proven countermeasures.
Educational Funding: 1. Direct funding to educate school children/teens on roadway safety infrastructure issues through the implementation of programs such as the Teen Roadway Safety Assessment Program. (SPA Committee Recommendation) Younger drivers, who are often eager to seek their freedom through driving, often are not taught the specifics of roadway safety features. Although there is great focus on antidistracted driving and impaired driving as well as seatbelt use, younger drivers are often unaware of the condition of the road and of roadway safety devices. This program would help educate younger drivers on how to read the road and understand the basic engineering aspects behind roadway safety infrastructure. This could specifically be completed through a national Teen Roadway Safety Assessment Program which would educate teens on how they can help promote roadway safety infrastructure in their communities as well as teach them practical lessons in civic participation.
Additional Safety Considerations:
VII.A. TZD Policy Review & Approval
1. Direct the FHWA to develop and re-establish the data sources and information needed to initiate and update every two years the FHWA Benefit to Cost Analysis of Highway Safety Infrastructure Improvements. The analysis should include but not be limited to signs, pavement markings, barrier, guardrail, high friction surfaces, etc. In addition, the analysis should include methods to speed the approval and deployment of innovative roadway safety infrastructure projects. (SPA Committee Recommendation) In 1996, the Federal Highway Administration (FHWA) issued a Benefit to Cost Analysis of Highway Safety Infrastructure Improvements manual. This analysis aided state departments of transportation in deciding which roadway safety infrastructure devices to deploy for their specific safety needs. ATSSA believes that this analysis should be reestablished and reissued on a regular basis. The benefit to cost analysis of safety infrastructure improvements allows practitioners at the state and local level to make informed and cost effective decisions on where to invest limited tax payer’s dollars 2. Continue to focus investments to address the needs of older drivers through the use of roadway safety infrastructure improvements. (Mark Fellows Recommendation) According to the AAA Foundation for Traffic Safety, it is estimated that by the year 2030, 25 percent of American drivers will be 65 years of age or older. Many older Americans live and work in areas without robust mobility options and rely on personal vehicles to travel. Advancements in roadway infrastructure and design now make safer streets and highways possible, better enabling these individuals safe access to their destinations. We can and must make our roadways more user-friendly and as safe as possible for all road users, regardless of age or ability. Investing in proven, cost-effective roadway improvements such as more retroreflective and larger signs and more retroreflective and wider pavement markings that help keep older drivers and pedestrians safe will make the roads safer for everyone.
Items not included in policy with explanation: 1. Conduct cost benefit study of hardware safety enhancements that measure the before and after benefits of highway hardware investments. The study should look at fatalities and serious injuries before and after installation of median barrier and steel beam guardrail. (Guardrail Committee Recommendation)
VII.A. TZD Policy Review & Approval
States and local governments have limited resources in this fiscal climate, and they need to understand what the return on investment is for proactive, systemic and data driven improvements relating to highway hardware safety solutions. Explanation of the Board discussion from the Government Relations staff: It was determined that number 1 under Additional Safety Considerations would include this analysis within it and would be a more comprehensive approach rather than looking at different safety countermeasures on an individual basis.
2. Provide liability protection or limits to highway hardware manufacturers or contractors when products are manufactured or installed in compliance with a specification or “standard” adopted by a governmental agency or authority. (Guardrail Committee Recommendation) Highway hardware manufacturers and contractors should be shielded or limited from liability when installing or manufacturing products that are in compliance with certain specifications or standards that have been adopted by governmental agencies. Explanation of the Board discussion from the Government Relations staff: Before it is included in the overall ATSSA TZD Policy, the ATSSA Board determined that this item needed more research pertaining to its impact on the entire guardrail industry and discussion on whether the authorization bill is the best vehicle for this issue.
3. Amend current law to make federal-aid highway funds readily accessible for use on projects to maintain minimum levels of retroreflectivity. (Pavement Marking Committee Recommendation) Projects that maintain minimum levels of retroreflectivity for both signs and pavement markings are proven safety countermeasures that help to reduce fatalities and serious injuries on the roadway. Currently, states are able to utilize Highway Safety Improvement Program funds to undertake these projects regardless of inclusion within a state's Strategic Highway Safety Plan (SHSP). However, states still need to provide data to show that these projects are contributing to fatality and serious injury reductions. With retroreflectivity projects, it is often challenging to show this reduction because highly retroreflective pavement markings and signs are proactive safety devices. States should be allowed to utilize HSIP funds for projects to maintain minimum levels of retroreflectivity regardless of whether or not that state has collected the applicable safety data. Explanation of the Board discussion from the Government Relations staff: This recommendation was deleted from the policy because it is covered as part of number 7 under the HSIP section.
VII.A. TZD Policy Review & Approval
4.
Amend title 23 to include the following language: Pavement marking materials used to provide guidance to motorists, pedestrians or cyclists on all public roads should be firm, stable and slip resistant. (Pavement Marking Committee Recommendation) The amendment would incorporate recommendations made by the United States Access Board (Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-ofWay, July 2011) and would reduce skid-related issues for agencies utilizing wider lines to improve visibility. This recommendation would reduce the likelihood of pedestrian, cyclist or vehicle-related friction safety issues from the use of wider pavement markings. Explanation of the Board discussion from the Government Relations staff: It was determined by the ATSSA Board that this item should be addressed through the MUTCD process and the Americans with Disabilities Act.
5.
Direct the Secretary of Transportation to establish federal standard specifications ranges for color and performance for all paint and thermoplastic roadway marking products. (Pavement Marking Committee and Manufacturers and Suppliers Recommendation) This would streamline the pavement marking process and allow contractors to move their products and crews from state to state more effectively. Thus, lowering overall cost and improving the dollars per foot spent in cash strapped states. Explanation of the Board discussion from the Government Relations staff: The Board determined that this item should be discussed at the Annual Pavement Marking and M & S meetings.
6. Create a competitive grant that would focus on collecting data pertaining to the new initiatives included in the Federal Highway Administration’s “Every Day Counts” initiative. (SPA Committee Recommendation) The Federal Highway Administration has focused on putting innovative life-saving countermeasures on the road as quickly as possible through its Every Day Counts initiative. Historically, new and innovative devices would struggle to receive the ability to be deployed nationwide. With FHWA's commitment to safety, the Every Day Counts initiative helps to speed up this process. This competitive grant will act as a data collector for devices and safety hardware that have a promising outlook of saving lives and reducing serious injuries.
Explanation of the Board discussion from the Government Relations staff: The Board decided to delete this item due to the fact that number 1 under additional safety considerations is a better way to focus on safety return on investment since the
VII.A. TZD Policy Review & Approval
“Every Day Counts” initiative is much broader than simply a focus on safety improvements.
7. Direct funding through the National Highway Traffic Safety Administration toward specific safety and educational programs aimed at younger drivers. (SPA Committee Recommendation) There is a need to focus more funding on younger driver education to attempt to curb texting while driving, distracted driving and aggressive driving. All of these educational efforts will help cut down on lane departure and fatalities. Explanation of the Board discussion from the Government Relations staff: This item was deleted due to the fact that the Board believes that ATSSA should refrain from directing NHTSA on where they should focus their funding when ATSSA is a proponent of protecting HSIP funding from behavioral projects.
8. Direct funding through the FHWA and NHTSA towards specific safety and educational programs aimed at older drivers. (SPA Committee Recommendation) As drivers age, there are specific engineering safety projects that can be implemented to allow drivers to drive safely at older ages without having to rely on public transportation or friends and family for mobility. This education program would help older drivers understand the newer roadway safety design features on the road that are helping to keep them safe and active. Explanation of the Board discussion from the Government Relations staff: This item was deleted due to the fact that the Board believes that ATSSA should refrain from directing NHTSA on where they should focus their funding when ATSSA is a proponent of protecting HSIP funding from behavioral projects.