Amendments to Highway Safety Program Guidelines, 6830-6843 [06-1204]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 71, Number 27 (Thursday, February 9, 2006)]
[Notices]
[Pages 6830-6843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1204]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2005-23090]


Amendments to Highway Safety Program Guidelines

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Request for comments, highway safety program guidelines.

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SUMMARY: Section 402 of title 23 of the United States Code requires the 
Secretary of Transportation to promulgate uniform guidelines for State 
highway safety programs.
    NHTSA is seeking comments on proposed amendments to six (6) of the 
existing guidelines to reflect program methodology and approaches that 
have proven to be successful and are based in sound science and program 
administration. The guidelines the agency proposes to revise are as 
follows: Guideline No. 3 Motorcycle Safety, Guideline No. 8 Impaired 
Driving, Guideline No. 14 Pedestrian and Bicycle Safety, Guideline No. 
15 Traffic Enforcement Services (formerly Police Traffic Services), 
Guideline No. 19 Speed Management (formerly Speed Control), and 
Guideline No. 20 Occupant Protection.
    NHTSA believes the proposed revisions will provide more accurate, 
current and detailed guidance to the States. The revised guidelines 
will be made publicly available on the NHTSA Web site.

DATES: You should submit your comments early enough to ensure that 
Docket Management receives them not later than March 13, 2006.

ADDRESSES: You may submit comments in writing to: Docket Management, 
Room PL-401, 400 Seventh Street, SW., Washington, DC 20590. 
Alternatively, you may submit your comments electronically by logging 
onto the Docket Management System (DMS) Web site at https://dms.dot.gov. 
Click on ``Help & Information'' or ``Help/Info'' to view instructions 
for filing your comments electronically. Regardless of how you submit 
your comments, you should mention the docket number of this document.

FOR FURTHER INFORMATION CONTACT: The following person at the National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590: Julie Ross, Program Development and Delivery, 
NTI-100, telephone (202) 366-9895, facsimile: (202) 366-7149.

SUPPLEMENTARY INFORMATION:

Background

    Section 402 of title 23 of the United States Code requires the 
Secretary of Transportation to promulgate uniform guidelines for State 
highway safety programs. As the highway safety environment changes, it 
is necessary for NTHSA to update the guidelines to provide current 
information on effective program content for States to use in 
developing and assessing their traffic safety programs. Each of the 
proposed revised guidelines reflects the sound science and the 
experience of States in traffic safety program content. NHTSA will 
update the guidelines periodically to reflect new issues and to 
emphasize program methodology and approaches that have proven to be 
highly effective in these program areas.
    The guidelines offer direction to States in formulating their 
highway

[[Page 6831]]

safety plans for highway safety efforts that are supported with Section 
402 grant funds. The guidelines provide a framework for developing a 
balanced highway safety program and serve as a tool with which States 
can assess the effectiveness of their own programs. NHTSA encourages 
States to use these guidelines and build upon them to optimize the 
effectiveness of highway safety programs conducted at the State and 
local level. The revised guidelines will emphasize areas of national 
concern and highlight effective countermeasures. The six (6) guidelines 
NHTSA plans to revise as a result of this Notice represent the first in 
a series of revisions NHTSA will propose. As each guideline is updated, 
it will include a date representing the date of its revision.
    The guidelines (as of July 18, 1995) can be found in their entirety 
in the Highway Safety Grant Management Manual or at https://
www.nhtsa.dot.gov/nhtsa/whatsup/tea21/GrantMan/HTML/05h_
ProgGuidlines.html.

Comments

    Interested persons are invited to submit comments in response to 
this request for comments. Your comments must be written and in 
English. To ensure that your comments are correctly filed in the 
Docket, please include the docket number of this document in your 
comments.
    Your comments must not be more than 15 pages long. (49 CFR 553.21). 
We established this limit to encourage you to write your primary 
comments in a concise fashion. However, you may attach necessary 
additional documents in your comments. There is no limit on the length 
of the attachments.
    Please submit two copies of your comments, including the 
attachments, to Docket Management at the address given above under 
ADDRESSES. If you wish Docket Management to notify you upon its receipt 
of your comments, enclose a self-addressed, stamped postcard in the 
envelope containing your comments. Upon receiving your comments, Docket 
Management will return the postcard by mail. If you wish to submit any 
information under a claim of confidentiality, you should submit three 
copies of your complete submission, including the information you claim 
to be confidential business information, to the Chief Counsel at the 
following address: National Highway Traffic Safety Administration, 400 
Seventh Street, SW., Washington, DC 20590. In addition, you should 
submit two copies, from which you have deleted the claimed confidential 
business information, to Docket Management at the address given above 
under ADDRESSES. When you send a comment containing information claimed 
to be confidential business information, you should include a cover 
letter setting forth the information specified in our confidential 
business information regulation (49 CFR part 512).
    We will consider all comments that Docket Management receives 
before the close of business on the comment closing date indicated 
above under DATES. To the extent possible, we will also consider 
comments that Docket Management receives after that date.
    You may read the comments received by Docket Management, Room PL-
401, 400 Seventh Street, SW., Washington, DC 20590. The hours of the 
Docket are 9 a.m. to 5 p.m., Monday to Friday, except Federal holidays. 
You may also see the comments on the Internet. To read the comments on 
the Internet, take the following steps:
     Go to the Docket Management System (DMS) Web page of the 
Department of Transportation (https://dms.dot.gov).
     On that page, click on ``search.''
     On the next page (https://dms.dot.gov/search/), type in the 
five-digit docket number shown at the beginning of this document. 
Example: If the docket number were ``NHTSA-2001-12345,'' you would type 
``12345.'' After typing the docket number, click on ``search.''
     On the next page, which contains docket summary 
information for the docket you selected, click on the desired comments. 
You may download the comments.
    Please note that even after the comment closing date, we will 
continue to file relevant information in the Docket as it becomes 
available. Further, some people may submit late comments. Accordingly, 
we recommend that you periodically check the Docket for new material.
    In consideration of the foregoing, NHTSA proposes to amend the 
guidelines as follows.

Highway Safety Program Guideline

Motorcycle Safety Guideline No. 3

    Each State, in cooperation with its political subdivisions and 
tribal governments, should develop and implement a comprehensive 
highway safety program, reflective of State demographics, to achieve a 
significant reduction in traffic crashes, fatalities and injuries on 
public roads. The highway safety program should include a comprehensive 
motorcycle safety program that aims to reduce motorcycle crashes and 
related deaths and injuries. Each comprehensive State motorcycle safety 
program should address the use of helmets (meeting Federal Motor 
Vehicle Safety Standard 218) and other protective gear, proper 
licensing, impaired riding, rider training, conspicuity and motorist 
awareness. This guideline describes the components that a State 
motorcycle safety program should include and the criteria that the 
program components should meet.

I. Program Management

    Each State should have centralized program planning, implementation 
and coordination to identify the nature and extent of its motorcycle 
safety problems, to establish goals and objectives for the State's 
motorcycle safety program and to implement projects to reach the goals 
and objectives. State motorcycle safety plans should:
     Designate a lead agency for motorcycle safety;
     Develop funding sources;
     Collect and analyze data on motorcycle crashes, injuries 
and fatalities;
     Identify and prioritize the State's motorcycle safety 
problem areas;
     Encourage collaboration among agencies and organizations 
responsible for, or impacted by, motorcycle safety issues;
     Develop programs (with specific projects) to address 
problems;
     Coordinate motorcycle safety projects with those for the 
general motoring public;
     Integrate motorcycle safety into State strategic highway 
safety plans, and other related highway safety activities including 
impaired driving, occupant protection, speed management and driver 
licensing programs; and
     Routinely evaluate motorcycle safety programs and 
services.

II. Motorcycle Personal Protective Equipment

    Each State should support passage and enforcement of mandatory all-
rider motorcycle helmet use laws. In addition, each State should 
encourage motorcycle operators and passengers to use the following 
protective equipment through an aggressive communication campaign:
     Motorcycle helmets that meet the Federal helmet standard;
     Proper clothing, including gloves, boots, long pants and a 
durable long-sleeved jacket; and
     Eye and face protection.
    Additionally, each passenger should have a seat and footrest.

[[Page 6832]]

III. Motorcycle Operator Licensing

    States should require every person who operates a motorcycle on 
public roadways to pass an examination designed especially for 
motorcycle operation and to hold a license endorsement specifically 
authorizing motorcycle operation. Each State should have a motorcycle 
licensing system that requires:
     Motorcycle operator's manual that contains essential safe 
riding information;
     Motorcycle license examination, including knowledge and 
skill tests, and State licensing medical criteria;
     License examiner training specific to testing of 
motorcyclists;
     Motorcycle license endorsement;
     Cross referencing of motorcycle registrations with 
motorcycle licenses to identify motorcycle owners who may not have the 
proper endorsement;
     Motorcycle license renewal requirements;
     Learner's permits issued for a period of 90 days and the 
establishment of limits on the number and frequency of learner's 
permits issued per applicant to encourage each motorcyclist to get full 
endorsement; and
     Penalties for violation of motorcycle licensing 
requirements.

IV. Motorcycle Rider Education and Training

    Safe motorcycle operation requires specialized training by 
qualified instructors. Each State should establish a State Motorcycle 
Rider Education Program that has:
     A source of program funding;
     A state organization to administer the program;
     A mandate to use the State-approved curriculum;
     Reasonable availability of rider education courses for all 
interested residents of legal riding age;
     A documented policy for instructor training and 
certification;
     Incentives for successful course completion such as 
licensing test exemption;
     A plan to address the backlog of training, if applicable;
     State guidelines for conduct and quality control of the 
program; and
     A program evaluation plan.

V. Motorcycle Operation Under the Influence of Alcohol or Other Drugs

    Each State should ensure that programs addressing impaired driving 
include an impaired motorcyclist component. The following programs 
should be used to reach impaired motorcyclists:
     Community traffic safety and other injury control 
programs, including outreach to motorcyclist clubs and organizations;
     Youth anti-impaired driving programs and campaigns;
     High visibility law enforcement programs and 
communications campaigns;
     Judge and prosecutor training programs;
     Anti-impaired driving organizations' programs;
     College and school programs;
     Workplace safety programs;
     Event-based programs such as motorcycle rallies, shows, 
etc.; and
     Server training programs.

VI. Legislation and Regulations

    Each State should enact and enforce motorcycle-related traffic laws 
and regulations, including laws that require all riders to use 
motorcycle helmets compliant with the Federal helmet standard. Specific 
policies should be developed to encourage coordination with appropriate 
public and private agencies in the development of regulations and laws 
to promote motorcycle safety.

VII. Law Enforcement

    Each State should ensure that State and community motorcycle safety 
programs include a law enforcement component. Each State should 
emphasize strongly the role played by law enforcement personnel in 
motorcycle safety. Essential components of that role include:
     Developing knowledge of motorcycle crash situations, 
investigating crashes, and maintaining a reporting system that 
documents crash activity and supports problem identification and 
evaluation activities;
     Providing communication and education support;
     Providing training to law enforcement personnel in 
motorcycle safety, including how to identify impaired motorcycle 
operators and helmets that do not meet FMVSS 218; and
     Establishing agency goals to support motorcycle safety.

VIII. Highway Engineering

    Traffic engineering is a critical element of any crash reduction 
program. This is true not only for the development of programs to 
reduce an existing crash problem, but also to design transportation 
facilities that provide for the safe movement of motorcyclists and all 
other motor vehicles.
    Balancing the needs of motorcyclists must always be considered. 
Therefore, each State should ensure that State and community motorcycle 
safety programs include a traffic-engineering component that is 
coordinated with enforcement and educational efforts. This engineering 
component should improve the safety of motorcyclists through the 
design, construction, operation and maintenance of engineering 
measures. These measures may include, but should not be limited to:
     Considering motorcycle needs when selecting pavement skid 
factors; and
     Providing advance warning signs to alert motorcyclists to 
unusual or irregular roadway surfaces.

IX. Motorcycle Rider Conspicuity and Motorist Awareness Programs

    State motorcycle safety programs, communication campaigns and state 
motor vehicle operator manuals should emphasize the issues of rider 
conspicuity and motorist awareness of motorcycles. These programs 
should address:
     Daytime use of motorcycle headlights;
     Brightly colored clothing and reflective materials for 
motorcycle riders and motorcycle helmets with high daytime and 
nighttime conspicuity;
     Lane positioning of motorcycles to increase vehicle 
visibility;
     Reasons why motorists do not see motorcycles; and
     Ways that other motorists can increase their awareness of 
motorcyclists.

X. Communication Program

    States should develop and implement communications strategies 
directed at specific high-risk populations as identified by data. 
Communications should highlight and support specific policy and 
progress underway in the States and communities and should be 
culturally relevant and appropriate to the audience. States should:
     Focus their communication efforts to support the overall 
policy and program;
     Review data to identify populations at risk; and
     Use a mix of media strategies to draw attention to the 
problem.

XII. Program Evaluation and Data

    Both problem identification and continual evaluation require 
effective record keeping by State and local government. The State 
should identify the frequency and types of motorcycle crashes. After 
problem identification is complete, the State should identify 
appropriate countermeasures.
    The State should promote effective evaluation by:

[[Page 6833]]

     Supporting the analysis of police crash reports involving 
motorcyclists;
     Encouraging, supporting and training localities in 
process, impact and outcome evaluation of local programs;
     Conducting and publicizing statewide surveys of public 
knowledge and attitudes about motorcycle safety;
     Maintaining awareness of trends in motorcycle crashes at 
the national level and how trends might influence activities statewide;
     Evaluating the use of program resources and the 
effectiveness of existing countermeasures for the general public and 
high-risk population; and
     Ensuring that evaluation results are used to identify 
problems, plan new programs and improve existing programs.

Highway Safety Program Guideline

Impaired Driving

Guideline No. 8

    Each State, in cooperation with its political subdivisions and 
tribal governments, should develop and implement a comprehensive 
highway safety program, reflective of State demographics, to achieve a 
significant reduction in traffic crashes, fatalities and injuries on 
public roads. The highway safety program should include an Impaired 
Driving component that addresses highway safety activities related to 
impaired driving. (Throughout this guideline, the term impaired driving 
means operating a motor vehicle while affected by alcohol and/or other 
drugs, including prescription drugs, over-the-counter medicines or 
illicit substances.) This guideline describes the components that a 
State impaired driving program should include and the criteria that the 
program components should meet.

I. Program Management and Strategic Planning

    An effective impaired driving program should be based on strong 
leadership, sound policy development, program management and strategic 
planning, and an effective communication program. Program efforts 
should be data-driven, focusing on populations and geographic areas 
that are most at risk, and science-based, determined through 
independent evaluation as likely to succeed. Programs and activities 
should be guided by problem identification and carefully managed and 
monitored for effectiveness. Adequate resources should be devoted to 
the problem and costs should be borne, to the extent possible, by 
impaired drivers. Each State should include the following as part of 
their impaired driving program:
     Task Forces or Commissions: Convene Driving While Impaired 
(DWI) task forces or commissions to foster leadership, commitment and 
coordination among all parties interested in impaired driving issues, 
including both traditional and non-traditional parties, such as highway 
safety enforcement, criminal justice, driver licensing, treatment, 
liquor law enforcement, business, medical, health care, advocacy and 
multicultural groups and the media.
     Strategic Planning: Develop and implement an overall plan 
for short- and long-term impaired driving activities based on careful 
problem identification.
     Program Management: Establish procedures to ensure that 
program activities are implemented as intended.
     Resources: Allocate sufficient funding, staffing and other 
resources to support impaired driving programs. Programs should aim for 
self-sufficiency and, to the extent possible, costs should be borne by 
impaired drivers.
     Data and Records: Establish and maintain a records system 
that uses data from other sources [e.g., U.S. Census, Fatality Analysis 
Reporting System (FARS), Crash Outcome Data Evaluation System (CODES)] 
to fully support the impaired driving program, and that is guided by a 
statewide traffic records coordinating committee (TRCC) that represents 
the interests of all public and private sector stakeholders and the 
wide range of disciplines that need the information.
     Communication Program: Develop and implement a 
comprehensive communications program that supports priority policies 
and program efforts and is directed at impaired driving; underage 
drinking; and reducing the risk of injury, death and resulting medical, 
legal, social and other costs.

II. Prevention

    Prevention programs should aim to reduce impaired driving through 
public health approaches, including altering social norms, changing 
risky or dangerous behaviors and creating safer environments. 
Prevention programs should promote communication strategies that 
highlight and support specific policies and program activities and 
promote activities that educate the public on the effects of alcohol 
and other drugs, limit the availability of alcohol and other drugs, and 
discourage those impaired by alcohol and other drugs from driving.
    Prevention programs may include responsible alcohol service 
practices, transportation alternatives and community-based programs 
carried out in schools, work sites, medical and health care facilities, 
and by community coalitions. Prevention efforts should be directed 
toward populations at greatest risk. Programs and activities should be 
science-based and proven effective and include a communication 
component. Each State should:
     Promote Responsible Alcohol Service: Promote policies and 
practices that prevent underage drinking by people under age 21 and 
over-service to people ages 21 and older.
     Promote Transportation Alternatives: Promote alternative 
transportation programs, such as designated driver and safe ride 
programs, especially during high-risk times, which enable drinkers ages 
21 and older to reach their destinations without driving.
     Conduct Community-Based Programs: Conduct community-based 
programs that implement prevention strategies at the local level 
through a variety of settings, including schools, employers, medical 
and health care professionals, community coalitions and traffic safety 
programs.
    [cir] Schools: School-based prevention programs, beginning in 
elementary school and continuing through college and trade school, 
should play a critical role in preventing underage drinking and 
impaired driving. These programs should be developmentally appropriate, 
culturally relevant and coordinated with drug prevention and health 
promotion programs.
    [cir] Employers: States should provide information and technical 
assistance to employers and encourage employers to offer programs to 
reduce underage drinking and impaired driving by employees and their 
families.
    [cir] Community Coalitions and Traffic Safety Programs: Community 
coalitions and traffic safety programs should provide the opportunity 
to conduct prevention programs collaboratively with other interested 
parties at the local level and provide communications toolkits for 
local media relations, advertising and public affairs activities. 
Coalitions may include representatives of government such as highway 
safety; enforcement; criminal justice; liquor law enforcement; public 
health; driver licensing and education; business, including employers 
and unions; the military; medical, health care and treatment 
communities; multicultural, faith-based, advocacy and other community 
groups; and neighboring countries, as appropriate.

[[Page 6834]]

III. Criminal Justice System

    Each State should use the various components of its criminal 
justice system--laws, enforcement, prosecution, adjudication, criminal 
and administrative sanctions and communications--to achieve both 
specific and general deterrence.
    Specific deterrence focuses on individual offenders and seeks to 
ensure that impaired drivers will be detected, arrested, prosecuted and 
subject to swift, sure and appropriate sanctions. Using these measures, 
the criminal justice system seeks to reduce recidivism. General 
deterrence seeks to increase the public perception that impaired 
drivers will face severe consequences, discouraging individuals from 
driving impaired.
    A multidisciplinary approach and close coordination among all 
components of the criminal justice system are needed to make the system 
work effectively. In addition, coordination is needed among law 
enforcement agencies at the State, county, municipal and tribal levels 
to create and sustain both specific and general deterrence.

A. Laws

    Each State should enact impaired driving laws that are sound, 
rigorous and easy to enforce and administer. The laws should clearly 
define offenses, contain provisions that facilitate effective 
enforcement and establish effective consequences.
    The laws should define offenses to include:
     Driving while impaired by alcohol or other drugs (whether 
illegal, prescription or over-the-counter) and treating both offenses 
similarly;
     Driving with a Blood Alcohol Concentration (BAC) limit of 
0.08, making it illegal ``per se'' to operate a vehicle at or above 
this level without having to prove impairment;
     Driving with a high BAC (i.e., 0.16 BAC or greater) with 
enhanced sanctions above the standard impaired driving offense;
     Zero Tolerance for underage drivers, making it illegal 
``per se'' for people under age 21 to drive with any measurable amount 
of alcohol in their system (i.e., 0.02 BAC or greater);
     Repeat offender with increasing sanctions for each 
subsequent offense;
     BAC test refusal with sanctions at least as strict or 
stricter than a high BAC offense;
     Driving with a license suspended or revoked for impaired 
driving, with vehicular homicide or causing personal injury while 
driving impaired as separate offenses with additional sanctions;
     Open container, prohibiting possession or consumption of 
any open alcoholic beverage in the passenger area of a motor vehicle 
located on a public highway or right-of-way (limited exceptions are 
permitted under 23 U.S.C. 154 and its implementing regulations, 23 CFR 
part 1270); and
     Primary safety belt provisions that do not require that 
officers observe or cite a driver for a separate offense other than a 
safety belt violation.
    The laws should include provisions to facilitate effective 
enforcement that:
     Authorize law enforcement to conduct sobriety checkpoints, 
(i.e., stop vehicles on a nondiscriminatory basis to determine whether 
operators are driving while impaired by alcohol or other drugs);
     Authorize law enforcement to use passive alcohol sensors 
to improve the detection of alcohol in drivers;
     Authorize law enforcement to obtain more than one chemical 
test from an operator suspected of impaired driving, including 
preliminary breath tests, evidential breath tests, and screening and 
confirmatory tests for alcohol or other impairing drugs; and
     Require law enforcement to conduct mandatory BAC testing 
of drivers involved in crashes producing fatal or serious injuries.
    The laws should establish effective penalties that include:
     Administrative license suspension or revocation (ALR) for 
failing or refusing to submit to a BAC or other drug test;
     Prompt and certain administrative license suspension of at 
least 90 days for first-time offenders determined by chemical test(s) 
to have a BAC at or above the State's ``per se'' level;
     Enhanced penalties for BAC test refusals, high BAC, repeat 
offenders, driving with a suspended or revoked license, driving 
impaired with a minor in the vehicle, vehicular homicide or causing 
personal injury while driving impaired, including: longer license 
suspension or revocation; installation of ignition interlock devices; 
license plate confiscation; vehicle impoundment, immobilization or 
forfeiture; intensive supervision and electronic monitoring; and threat 
of imprisonment;
     Assessment for alcohol or other drug abuse problems for 
all impaired driving offenders and, as appropriate, treatment, 
abstention from use of alcohol and other drugs and frequent monitoring; 
and
     Driver license suspension for people under age 21 for any 
violation of law involving the use or possession of alcohol or illicit 
drugs.

B. Enforcement

    Each State should conduct frequent, highly visible, well publicized 
and fully coordinated impaired driving (including zero tolerance) law 
enforcement efforts throughout the State, especially in locations where 
alcohol-related fatalities most often occur. To maximize visibility, 
States should maximize contact between officers and drivers, using 
sobriety checkpoints and saturation patrols and should widely publicize 
these efforts--before, during and after they occur. Highly visible, 
highly publicized efforts should be conducted periodically and also on 
a sustained basis throughout the year. To maximize resources, the State 
should coordinate efforts among State, county, municipal and tribal law 
enforcement agencies. Each State should coordinate efforts with liquor 
law enforcement officials. To increase the probability of detection, 
arrest and prosecution, participating officers should receive training 
in the latest law enforcement techniques, including Standardized Field 
Sobriety Testing (SFST), and selected officers should receive training 
in media relations and Drug Evaluation and Classification (DEC).

C. Publicizing High Visibility Enforcement

    Each State should communicate its impaired driving law enforcement 
efforts and other elements of the criminal justice system to increase 
the public perception of the risks of detection, arrest, prosecution 
and sentencing for impaired driving. Each State should develop and 
implement a year-round communications plan that provides emphasis 
during periods of heightened enforcement, provides sustained coverage 
throughout the year, includes both paid and earned media and uses 
messages consistent with National campaigns. Publicity should be 
culturally relevant, appropriate to the audience and based on market 
research.

D. Prosecution

    States should implement a comprehensive program to visibly, 
aggressively and effectively prosecute and publicize impaired driving-
related efforts, including use of experienced prosecutors (e.g., 
Traffic Safety Resource Prosecutors), to help coordinate and deliver 
training and technical assistance to prosecutors handling impaired 
driving cases throughout the State.

[[Page 6835]]

E. Adjudication

    States should impose effective, appropriate and research-based 
sanctions, followed by close supervision, and the threat of harsher 
consequences for non-compliance when adjudicating cases. Specifically, 
DWI Courts should be used to reduce recidivism among repeat and high 
BAC offenders. DWI Courts involve all criminal justice stakeholders 
(prosecutors, defense attorneys, probation officers and judges) along 
with alcohol and drug treatment professionals and use a cooperative 
approach to systematically change participant behavior. The 
effectiveness of enforcement and prosecution efforts is strengthened by 
knowledgeable, impartial and effective adjudication. Each State should 
provide state-of-the-art education to judges, covering SFST, DEC, 
alternative sanctions and emerging technologies.
    Each State should utilize DWI courts to help improve case 
management and to provide access to specialized personnel, speeding up 
disposition and adjudication. DWI courts also increase access to 
testing and assessment to help identify DWI offenders with addiction 
problems and to help prevent them from re-offending. DWI courts 
additionally help with sentence monitoring and enforcement. Each State 
should provide adequate staffing and training for probation programs 
with the necessary resources, including technological resources, to 
monitor and guide offender behavior.

F. Administrative Sanctions and Driver Licensing Programs

    States should use administrative sanctions, including the 
suspension or revocation of an offender's driver's license; the 
impoundment, immobilization or forfeiture of a vehicle; the impoundment 
of a license plate; or the use of ignition interlock devices, which are 
among the most effective actions to prevent repeat impaired driving 
offenses. In addition, other licensing activities can prove effective 
in preventing, deterring and monitoring impaired driving, particularly 
among novice drivers. Publicizing related efforts is part of a 
comprehensive communications program.
     Administrative License Revocation and Vehicle Sanctions: 
Each State's Motor Vehicle Code should authorize the imposition of 
administrative penalties by the driver licensing agency upon arrest for 
violation of the state's impaired driving laws, including 
administrative driver's license suspension, vehicle sanctions and 
installation of ignition interlock devices.
     Programs: Each State's driver licensing agency should 
conduct programs that reinforce and complement the State's overall 
program to deter and prevent impaired driving, including graduated 
driver licensing (GDL) for novice drivers, education programs that 
explain alcohol's effects on driving and the State's zero tolerance 
laws and a program to prevent individuals from using a fraudulently 
obtained or altered driver's license.

IV. Communication Program

    States should develop and implement a comprehensive communication 
program that supports priority policies and program efforts. States 
should:
     Develop and implement a year-round communication plan that 
includes policy and program priorities; comprehensive research; 
behavioral and communications objectives; core message platforms; 
campaigns that are audience relevant and linguistically appropriate; 
key alliances with private and public partners; specific activities for 
advertising, media relations and public affairs; special emphasis 
periods during high risk times; and evaluation and survey tools;
     Employ a communications strategy principally focused on 
increasing knowledge and awareness, changing attitudes and influencing 
and sustaining appropriate behavior;
     Use traffic-related data and market research to identify 
specific audiences segments to maximize resources and effectiveness; 
and
     Adopt a comprehensive marketing approach that coordinates 
elements like media relations, advertising and public affairs/advocacy.

V. Alcohol and Other Drug Misuse: Screening, Assessment, Treatment and 
Rehabilitation

    Impaired driving frequently is a symptom of a larger alcohol or 
other drug problem. Many first-time impaired driving offenders and most 
repeat offenders have alcohol or other drug abuse or dependency 
problems. Without appropriate assessment and treatment, these offenders 
are more likely to repeat their crimes.
    In addition, alcohol use leads to other injuries and health care 
problems. Frequent visits to emergency departments present an 
opportunity for intervention, which might prevent future arrests or 
motor vehicle crashes, and result in decreased alcohol consumption and 
improved health.
    Each State should encourage its employers, educators and health 
care professionals to implement a system to identify, intervene and 
refer individuals for appropriate substance abuse treatment.
     Screening and Assessment: Each State should encourage its 
employers, educators and health care professionals to have a systematic 
program to screen and/or assess drivers to determine whether they have 
an alcohol or drug abuse problem and, as appropriate, briefly intervene 
or refer them for appropriate treatment. A marketing campaign should 
promote year-round screening and brief intervention to medical, health 
and business partners and to identified audiences. In particular:
    [cir] Criminal Justice System: Within the criminal justice system, 
people convicted of an impaired driving offense should be assessed to 
determine whether they have an alcohol or drug abuse problem and 
whether they need treatment. The assessment should be required by law 
and completed prior to sentencing or reaching a plea agreement.
    [cir] Medical and Health Care Settings: Within medical or health 
care settings, any adult or adolescent seen by a medical or health care 
professional should be screened to determine whether they may have an 
alcohol or drug abuse problem. A person may have a problem with alcohol 
abuse or dependence, a brief intervention should be conducted and, if 
appropriate, the person should be referred for assessment and further 
treatment.
     Treatment and Rehabilitation: Each State should work with 
health care professionals, public health departments and third party 
payers to establish and maintain treatment programs for persons 
referred through the criminal justice system, medical or health care 
professionals and other entities. This will help ensure that offenders 
with alcohol or other drug dependencies begin appropriate treatment and 
complete recommended treatment before their licenses are reinstated.
     Monitoring Impaired Drivers: Each State should establish a 
program to facilitate close monitoring of impaired drivers. Controlled 
input and access to an impaired driver tracking system, with 
appropriate security protections, is essential. Monitoring functions 
should be housed in the driver licensing, judicial, corrections and 
treatment systems. Monitoring systems should be able to determine the 
status of all offenders in meeting their sentencing requirements for 
sanctions and/or rehabilitation and must be able to alert courts to 
non-compliance. Monitoring requirements should be established by

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law to assure compliance with sanctions by offenders and responsiveness 
of the judicial system. Non-compliant offenders should be handled 
swiftly either judicially or administratively. Many localities are 
successfully utilizing DWI courts or drug courts to monitor DWI 
offenders.

VI. Program Evaluation and Data

    Each State should have access to and analyze reliable data sources 
for problem identification and program planning. Each State should 
conduct several different types of evaluations to effectively measure 
progress, to determine program effectiveness, to plan and implement new 
program strategies and to ensure that resources are allocated 
appropriately.
    Each State should establish and maintain a records system that uses 
data from other sources (e.g., U.S. Census, FARS, CODES) to fully 
support the impaired driving program. A statewide traffic records 
coordinating committee that represents the interests of all public and 
private sector stakeholders and the wide range of disciplines that need 
the information should guide the records system.
    Each State's driver licensing agency should maintain a system of 
records that enables the State to: (1) Identify impaired drivers; (2) 
maintain a complete driving history of impaired drivers; (3) receive 
timely and accurate arrest and conviction data from law enforcement 
agencies and the courts, including data on operators as prescribed by 
the commercial driver licensing regulations; and (4) provide timely and 
accurate driver history records to law enforcement and the courts.

Highway Safety Program Guideline Pedestrian and Bicycle Safety 
Guideline No. 14

    Each State, in cooperation with its political subdivisions and 
tribal governments, should develop and implement a comprehensive 
highway safety program, reflective of State demographics, to achieve a 
significant reduction in traffic crashes, fatalities and injuries on 
public roads. The highway safety program should include a comprehensive 
pedestrian and bicycle safety program that promotes safe pedestrian and 
bicycle practices, educates drivers to share the road safely with other 
road users and provides safe facilities for pedestrians and bicyclists 
through a combination of policy, enforcement, communication, education, 
incentive and engineering strategies. This guideline describes the 
components that a State pedestrian and bicycle safety program should 
include and the criteria that the program components should meet.

I. Program Management

    Each State should have centralized program planning, implementation 
and coordination to promote pedestrian and bicycle safety program 
issues as part of a comprehensive highway safety program. Evaluation 
should be used to revise existing programs, develop new programs and 
determine progress and success of pedestrian and bicycle safety 
programs. The State Highway Safety Office (SHSO) should:
     Train program staff to effectively carry out recommended 
activities;
     Provide leadership, training and technical assistance to 
other State agencies and local pedestrian and bicycle safety programs 
and projects;
     Conduct regular problem identification and evaluation 
activities to determine pedestrian and bicyclist fatality, injury and 
crash trends and to provide guidance in development and implementation 
of countermeasures;
     Promote the proper use of bicycle helmets as a primary 
measure to reduce death and injury among bicyclists;
     Coordinate with the State Department of Transportation to 
ensure provision of a safe environment for pedestrians and bicyclists 
through engineering measures such as sidewalks and bicycle facilities 
in the planning and design of all highway projects;
     Support the enforcement of State bicycle and pedestrian 
laws by local enforcement agencies; and
     Develop safety initiatives to reduce fatalities and 
injuries among high-risk groups including children, older adults and 
alcohol-impaired pedestrians and bicyclists.

II. Multi-disciplinary Involvement

    Pedestrian and bicyclist safety requires the support and 
coordinated activity of multidisciplinary agencies, at both the State 
and local levels. At a minimum, the following communities should be 
involved:
     State Pedestrian/Bicycle Coordinators.
     Law Enforcement and Public Safety.
     Education.
     Public Health and Medicine.
     Driver Education and Licensing.
     Transportation--Engineering, Planning, Local Transit.
     Media and Communications.
     Community Safety Organizations.
     Non-Profit Organizations.

III. Legislation, Regulation and Policy

    Each State should enact and enforce pedestrian and bicyclist-
related traffic laws and regulations, including laws that require the 
proper use of bicycle helmets. States should develop and enforce 
appropriate sanctions that compel compliance with laws and regulations. 
Specific policies should be developed to encourage coordination with 
appropriate public and private agencies in the development of 
regulations and laws to promote pedestrian and bicyclist safety.

IV. Law Enforcement

    Each State should ensure that State and community pedestrian and 
bicycle programs include a law enforcement component. Each State should 
strongly emphasize the role played by law enforcement personnel in 
pedestrian and bicyclist safety. Essential components of that role 
include:
     Developing knowledge of pedestrian and bicyclist crash 
situations, investigating crashes and maintaining a reporting system 
that documents crash activity and supports problem identification and 
evaluation activities;
     Providing communication and education support;
     Providing training to law enforcement personnel in 
pedestrian and bicycle safety;
     Establishing agency policies to support pedestrian and 
bicycle safety;
     Enforcing pedestrian and bicycle laws;
     Coordinating with and supporting education and engineering 
activities; and
     Suggesting creative strategies to promote safe pedestrian, 
bicyclist and motorist behaviors (e.g., citation diversion classes for 
violators).

V. Highway Engineering

    Traffic engineering is a critical element of any motor vehicle 
crash reduction program, but is especially important for the safe 
movement of pedestrians and bicyclists. States should utilize national 
guidelines for constructing safe pedestrian and bicycle facilities in 
all new transportation projects, and are required to follow all federal 
regulations on accessibility.
    Each State should ensure that State and community pedestrian and 
bicycle programs include a traffic engineering component that is 
coordinated with enforcement and educational efforts. This engineering 
component should improve the safety of pedestrians and bicyclists 
through the design, construction, operation and maintenance of 
engineering measures such as:

[[Page 6837]]

     Pedestrian, bicycle and school bus loading zone signals, 
signs and markings;
     Parking regulations;
     Traffic calming, or other approaches for slowing traffic 
and improving safety;
     On-road facilities (e.g., signed routes, marked lanes, 
wide curb lanes, paved shoulders);
     Sidewalk design;
     Pedestrian pathways;
     Off-road bicycle facilities (trails and paths); and
     Accommodations for people with disabilities.

VI. Communication Program

    Each State should ensure that State and community pedestrian and 
bicycle programs contain a comprehensive communication component to 
support program and policy efforts. This component should address 
coordination with traffic engineering and law enforcement efforts, 
school-based education programs, communication and awareness campaigns, 
and other focused educational programs such as those for seniors and 
other identified high-risk populations. The State should enlist the 
support of a variety of media; including mass media, to improve public 
awareness of pedestrian and bicyclist crash problems and programs 
directed at preventing them. Communication programs should be 
culturally relevant and address issues such as:
     Visibility, or conspicuity, in the traffic system;
     Correct use of facilities and accommodations;
     Law enforcement initiatives;
     Proper street crossing behavior;
     Safe practices near school buses, including loading and 
unloading practices;
     The nature and extent of traffic related pedestrian and 
bicycle fatalities and injuries;
     Driver training regarding pedestrian and bicycle safety;
     Rules of the road;
     Proper selection, use, fit and maintenance of bicycles and 
bicycle helmets;
     Skills training for bicyclists; and
     Sharing the road safely among motorists and bicyclists.

VII. Outreach Program

    Each State should encourage extensive community involvement in 
pedestrian and bicycle safety education by involving individuals and 
organizations outside the traditional highway safety community. 
Outreach efforts should include a focus on reaching vulnerable road 
users, such as older pedestrians, young children and new immigrant 
populations. States should also incorporate pedestrian and bicycle 
safety education into school curricula. To encourage community and 
school involvement, States should:
     Establish and convene a pedestrian and bicycle safety 
advisory task force or coalition to organize and generate broad-based 
support for pedestrian and bicycle programs;
     Create an effective communications network among coalition 
members to keep members informed and to coordinate efforts;
     Integrate culturally relevant pedestrian and bicycle 
safety programs into local traffic safety injury prevention initiatives 
and local transportation plans;
     Provide culturally relevant materials and resources to 
promote pedestrian and bicycle safety education programs;
     Ensure that highway safety in general, and pedestrian and 
bicycle safety in particular, are included in the State-approved K-12 
health and safety education curricula and textbooks, and in materials 
for preschool age children and their caregivers;
     Encourage the promotion of safe pedestrian and bicyclist 
practices (including practices near school buses) through classroom and 
extra-curricular activities; and
     Establish and enforce written policies requiring safe 
pedestrian and bicyclist practices to and from school, including proper 
use of bicycle helmets on school property.

VIII. Driver Education and Licensing

    Each State should address pedestrian and bicycle safety in State 
driver education training (i.e., in the classroom and behind the 
wheel), materials and licensing programs.

IX. Evaluation Program

    Both problem identification and evaluation of pedestrian and 
bicycle crashes require effective record keeping by State and local 
government representatives. The State should identify the frequency and 
type of pedestrian and bicycle crashes to inform selection, 
implementation and evaluation of appropriate countermeasures. The State 
should promote effective program evaluation by:
     Supporting detailed analyses of police accident reports 
involving pedestrians and bicyclists;
     Encouraging, supporting and training localities in 
process, impact and outcome evaluation of local programs;
     Conducting and publicizing statewide surveys of public 
knowledge and attitudes about pedestrian and bicyclist safety;
     Maintaining awareness of trends in pedestrian and 
bicyclist crashes at the national level and how this might influence 
activities statewide;
     Evaluating the use of program resources and the 
effectiveness of existing countermeasures for the general public and 
high-risk populations; and
     Ensuring that evaluation results are used to identify 
problems, plan new programs and improve existing programs.

Highway Safety Program Guideline

Traffic Enforcement Services

Guideline No. 15

    Each State, in cooperation with its political subdivisions and 
tribal governments, should develop and implement a comprehensive 
highway safety program, reflective of State demographics, to achieve a 
significant reduction in traffic crashes, fatalities and injuries on 
public roads. The highway safety program should include a traffic 
enforcement services program designed to enforce traffic laws and 
regulations; reduce traffic-crashes and resulting fatalities and 
injuries; provide aid and comfort to the injured; investigate and 
report specific details and causes of traffic crashes; supervise 
traffic crash and highway incident clean-up; and maintain safe and 
orderly movement of traffic along the highway system. This guideline 
describes the components that a State traffic enforcement services 
program should include and the minimum criteria that the program 
components should meet.

I. Program Management

A. Planning and Coordination

    Each State should have centralized program planning, implementation 
and coordination to achieve and sustain effective traffic enforcement 
services. The State Highway Safety Office (SHSO) should provide the 
leadership, training and technical assistance necessary to:
     Develop and implement a comprehensive highway safety plan 
for all traffic enforcement service programs, in cooperation with law 
enforcement (i.e., State, county, local or tribal law enforcement 
agency leaders);
     Generate broad-based support for traffic enforcement 
programs;
     Coordinate traffic enforcement services with other traffic 
safety program areas including Commercial Motor Vehicle (CMV) safety 
activities such as the Motor Carrier Safety Assistance Program; and

[[Page 6838]]

     Integrate traffic enforcement services into traffic safety 
and other injury prevention programs.

B. Program Elements

    State, local and tribal law enforcement agencies, in conjunction 
with the SHSO, should establish traffic safety services as a priority 
within their comprehensive enforcement programs. A law enforcement 
program should be built on a foundation of commitment, cooperation, 
planning, monitoring, and evaluation within the agency's enforcement 
program. State, local and tribal law enforcement agencies should:
     Provide the public with effective and efficient traffic 
enforcement services through enabling legislation and regulations;
     Coordinate activities with State Departments of 
Transportation to ensure both support and accurate date collection.
     Develop and implement a comprehensive traffic enforcement 
services program that is focused on general deterrence and inclusive of 
impaired driving (i.e., alcohol or other drugs), safety belt use and 
child passenger safety laws, motorcycles, speeding and other programs 
to reduce hazardous driving behaviors;
     Develop cooperative working relationships with other 
governmental agencies, community organizations and traffic safety 
stakeholders on traffic safety and enforcement issues;
     Maintain traffic enforcement strategies and policies for 
all areas of traffic safety including roadside sobriety checkpoints, 
safety belt use, pursuit driving, crash investigating and reporting, 
speed enforcement and hazardous moving traffic violations; and
     Establish performance measures for traffic enforcement 
services that are both qualitative and quantitative.
    Traffic enforcement services should look beyond the issuance of 
traffic citations to include enforcement of criminal laws and that 
address drivers of all types of vehicles, including trucks and 
motorcycles.

II. Resource Management

    The SHSO should encourage law enforcement agencies to develop and 
maintain a comprehensive resource management plan that identifies and 
deploys resources necessary to effectively support traffic enforcement 
services. The resource management plan should include a specific 
component on traffic enforcement services and safety, integrating 
traffic enforcement services and safety initiatives into a 
comprehensive agency enforcement program. Law enforcement agencies 
should:
     Periodically conduct assessments of traffic enforcement 
service demands and resources to meet identified needs;
     Develop a comprehensive resource management plan that 
includes a specific traffic enforcement services and safety component;
     Define the management plan in terms of budget requirements 
and services to be provided; and
     Develop and implement operational strategies and policies 
that identify the deployment of traffic enforcement services resources 
to address program demands and agency goals.

III. Training

    Training is essential to support traffic enforcement services and 
to prepare law enforcement officers to effectively perform their 
duties. Training accomplishes a wide variety of necessary goals and can 
be obtained through a variety of sources. Law enforcement agencies 
should periodically assess enforcement activities to determine training 
needs and to ensure training is endorsed by the State Police Officers 
Standards and Training (POST) agency. Effective training should:
     Provide officers the knowledge and skills to act 
decisively and correctly;
     Increase compliance with agency enforcement goals;
     Assist in meeting priorities;
     Improve compliance with established policies;
     Result in greater productivity and effectiveness;
     Foster cooperation and unity of purpose;
     Help offset liability actions and prevent inappropriate 
conduct by law enforcement officers;
     Motivate and enhance officer professionalism; and
     Require traffic enforcement knowledge and skills for all 
recruits. Law enforcement agencies should:
     Provide traffic enforcement in-service training to 
experienced officers;
     Provide specialized CMV in-service training to traffic 
enforcement officers as appropriate.
     Conduct training to implement specialized traffic 
enforcement skills, techniques, or programs; and
     Train instructors using certified training in order to 
increase agency capabilities and to ensure continuity of specialized 
enforcement skills and techniques.

IV. Traffic Law Enforcement

    Providing traffic enforcement services and the enforcement of 
traffic laws and ordinances is a responsibility shared by all law 
enforcement agencies. Among the primary objectives of this function is 
encouraging motorists and pedestrians to comply voluntarily with the 
laws and ordinances. Administrators should apply their enforcement 
resources in a manner that ensures the greatest impact on traffic 
safety. Traffic enforcement services should:
     Include accurate problem identification and countermeasure 
design;
     Apply at appropriate times and locations, coupled with 
paid media and communication efforts designed to make the motoring 
public aware of the traffic safety problem and planned enforcement 
activities; and
     Include a system to document and report results.

V. Communication Program

    States should develop and implement communication strategies 
directed at supporting policy and program elements. Public awareness 
and knowledge about traffic enforcement services are essential for 
sustaining increased compliance with traffic laws and regulations. 
Communications should highlight and support specific program activities 
underway in the community and be culturally relevant and appropriate to 
the audience. This requires a well-organized, effectively managed 
social marketing campaign that addresses specific high-risk 
populations. The SHSO, in cooperation with law enforcement agencies, 
should develop a statewide communications plan and campaign that:
     Identifies and addresses specific audiences at particular 
risk;
     Addresses enforcement of safety belt use, child passenger 
safety, impaired driving, speed and other serious traffic laws;
     Capitalizes on special events and awareness campaigns;
     Identifies and supports the efforts of traffic safety 
activist groups, community coalitions and the health and medical 
community to gain increased support of, and attention to, traffic 
safety and enforcement;
     Uses national themes, events and materials;
     Motivates the public to support increased enforcement of 
traffic laws;
     Educates and reminds the public about traffic laws and 
safe driving behaviors;
     Disseminates information to the public about agency 
activities and accomplishments;
     Enhances relationships with news media and health and 
medical communities;

[[Page 6839]]

     Provides safety education and community services;
     Provides legislative and judicial information and support;
     Increases the public's understanding of the enforcement 
agency's role in traffic safety;
     Markets information about internal activities to sworn and 
civilian members of the agency;
     Enhances the agency's safety enforcement role and 
increases employee understanding and support; and
     Recognizes employee achievements.

VI. Data and Program Evaluation

    The SHSO, in conjunction with law enforcement agencies, should 
develop a comprehensive evaluation program to measure progress toward 
established project goals and objectives; effectively plan and 
implement statewide, county, local and tribal traffic enforcement 
services programs; optimize the allocation of limited resources; 
measure the impact of traffic enforcement on reducing crime and traffic 
crashes, injuries and deaths; and compare costs of criminal activity to 
costs of traffic crashes. Data should be collected from police accident 
reports, daily officer activity reports that contain workload and 
citation information, highway department records (e.g., traffic 
volume), citizen complaints and officer observations. Law enforcement 
managers should:
     Include evaluation in initial program planning efforts to 
ensure that data will be available and that sufficient resources will 
be allocated;
     Report results regularly to project and program managers, 
law enforcement decision-makers and members of the public and private 
sectors;
     Use results to guide future activities and to assist in 
justifying resources to governing bodies;
     Conduct a variety of surveys to assist in determining 
program effectiveness, such as roadside sobriety surveys, speed 
surveys, license checks, belt use surveys and surveys measuring public 
knowledge and attitudes about traffic enforcement programs;
     Evaluate the effectiveness of services provided in support 
of priority traffic safety areas;
     Maintain and report traffic data to appropriate 
repositories, such as police accident reports, the FBI Uniform Crime 
Report, FMCSA's SAFETYNET system and annual statewide reports; and
     Evaluate the impact of traffic enforcement services on 
criminal activity.
    An effective records program should:
     Provide information rapidly and accurately;
     Provide routine compilations of data for management use in 
the decision making process;
     Provide data for operational planning and execution;
     Interface with a variety of data systems, including 
statewide traffic safety records systems; and
     Be accessible to enforcement, planners and management.

Highway Safety Program Guideline Speed Management Guideline No. 19

    Each State, in cooperation with its political subdivisions and 
tribal governments, should develop and implement a comprehensive 
highway safety program, reflective of State demographics, to achieve a 
significant reduction in traffic crashes, fatalities and injuries on 
public roads. The highway safety program should include a comprehensive 
speed management program that encourages citizens to voluntarily comply 
with speed limits. This guideline describes the components that a State 
speed management program should contain and the criteria that the 
program components should meet.
    Speed management involves a balanced program effort that includes: 
Defining the relationship between speed, speeding and safety; applying 
road design and engineering measures to obtain appropriate speeds; 
setting speed limits that are safe and reasonable; applying enforcement 
efforts and appropriate technology that effectively target speeders and 
deter speeding; marketing communication and educational messages that 
focus on high-risk drivers; and soliciting the cooperation, support and 
leadership of traffic safety stakeholders.

I. Program Management

    While speeding is a national problem, effective solutions must be 
applied locally. The success of a speed management program is enhanced 
by coordination and cooperation among the engineering, enforcement and 
educational disciplines. To reduce speeding-related fatalities, 
injuries and crashes, State, local or tribal governments should:
     Provide the NHTSA Speed Management Workshop that offers a 
comprehensive approach to speed management through partnering a broad 
range of transportation and safety disciplines. This multi-disciplinary 
team improves communication and cooperation and facilitates the 
development of innovative strategies for reducing speeding-related 
fatalities and i