Amendments to Highway Safety Program Guidelines, 5495-5506 [E7-1895]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 24 (Tuesday, February 6, 2007)]
[Notices]
[Pages 5495-5506]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1895]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-27159]


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 and one (1) new guideline to reflect program 
methodology and approaches that have proven to be successful and are 
based on sound science and program administration. The guidelines the 
agency proposes to revise are as follows: Guideline No. 4 Driver 
Education; Guideline No. 5 Non-Commercial Driver Licensing (formerly 
Driver Licensing); Guideline No. 7 Judicial and Court Services 
(formerly Traffic Courts); Guideline No. 10 Traffic Records; Guideline 
No. 17 Pupil Transportation Safety; and Guideline No. 21 Roadway 
Safety. This notice also proposes a new guideline, Guideline No. 12 
Prosecutor Training and Outreach. NHTSA has developed Guideline No. 12 
because it has found that conducting educational and training outreach 
to judges and prosecutors is an important element for law enforcement 
efforts to be truly effective as a deterrent to dangerous driving 
behaviors.
    NHTSA believes the proposed revisions and additions will provide 
more accurate, current and detailed guidance to the States. The 
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 30 days after 
publication in the Federal Register.

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 persons at the National 
Highway Traffic Safety Administration, 400 Seventh Street, SW., 
Washington, DC 20590:
    For technical and policy issues:
    Susan Kirinich, Research and Program Development, telephone (202) 
366-1755, facsimile (202) 366-7149.
    For legal issues:
    Allison Rusnak, Office of the Chief Counsel, telephone (202) 366-
1834, facsimile (202) 366-3820.

[[Page 5496]]


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 NHTSA 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 best science available and the 
real-world experience of NHTSA and the States in developing and 
managing traffic safety programs. NHTSA updates the guidelines 
periodically to address new issues and to emphasize program methodology 
and approaches that have proven to be effective in these program areas.
    The guidelines offer direction to States in formulating their 
highway safety plans for highway safety efforts that are supported with 
section 402 and other 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 levels. The revised guidelines will emphasize areas of 
national concern and highlight effective countermeasures. The six (6) 
guidelines NHTSA plans to revise along with the development of (1) one 
new guideline as a result of this Notice represent the second in a 
series of revisions to the guidelines. The Agency revised six (6) other 
guidelines on November 7, 2006 (71 FR 65172): Guideline No. 3 
Motorcycle Safety; Guideline No. 8 Impaired Driving; Guideline No. 14 
Pedestrian and Bicycle Safety; Guideline No. 15 Traffic Enforcement; 
Guideline No. 19 Speed Management; and Guideline No. 20 Occupant 
Protection. As each guideline is updated, it will include a date 
representing the date of its revision. The guidelines can be found in 
their entirety in the Highway Safety Grant Management Manual or at 
https://www.nhtsa.dot.gov.

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, 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 at the 
address given above under ADDRESSES. 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 No. 4

Driver Education

    Each State, in cooperation with its political subdivisions and 
tribal governments, should develop and implement a comprehensive, 
culturally competent highway safety program, reflective of State 
demographics, to achieve a significant reduction in traffic crashes, 
fatalities and injuries on public roads. All programs should be data 
driven and the highway safety program should include a driver education 
and training program designed to educate new drivers and provide 
remedial training for existing drivers. This guideline describes the 
components that the State driver education program should include and 
the minimum criteria that the program components should meet.
I. Program Management
    Each State should have centralized program planning, implementation 
and coordination to deliver comprehensive and uniform driver education. 
Evaluation should be used to revise existing programs, develop new 
programs and determine progress and success. The State Highway Safety 
Office (SHSO) should:
     Provide leadership, training and technical assistance to 
public and private providers of driver education to ensure consistency 
and quality;
     Identify an entity to provide oversight over driver 
education programs delivered within the State; and
     Evaluate the effectiveness of the State's driver education 
program.
II. Legislation, Regulation and Policy
    Each State should enact and enforce laws and policies intended to 
reduce crashes caused by novice drivers. To enhance the effectiveness 
of driver education, States should:

[[Page 5497]]

     Enact Graduated Driver Licensing (GDL) laws that include 
three stages of licensure, and that place restrictions and sanctions on 
high-risk driving situations for novice drivers (i.e., nighttime 
driving restrictions, passenger restrictions, zero tolerance, and 
required safety belt use);
     Ensure that the GDL restrictions and sanctions for GDL 
licensure are included, adapted as necessary and enforceable for 
motorcycle operators;
     Develop driver education standards and guidelines to which 
all driver education programs must adhere to satisfy licensing 
requirements for novice drivers; and
     Ensure that completion of driver education programs will 
not reduce time required for novice drivers to proceed through a GDL 
system.
III. Enforcement Program
    Components of a State driver education enforcement program should 
include:
     Visible and well-publicized law enforcement of the 
components of the GDL and zero tolerance laws;
     Licensing sanctions for violations of these provisions;
     State agency oversight of driver education programs to 
ensure delivery of approved state curriculum; and
     Administrative or financial penalties for programs in non-
compliance.
IV. Driver Education and Training Program
    A driver education program should be available to all youths of 
licensing age, and include the following criteria:
     The program is taught by instructors certified by the 
State as qualified for these purposes; and
     It provides each student with practice driving and 
instruction in at least the following:
    [cir] Basic driving techniques including: starting, stopping, 
turning and basic interaction in controlled environments in light and 
moderate traffic;
    [cir] Advanced driving techniques including: techniques for 
handling emergencies, such as skid control, braking in emergencies, and 
over-steering to avoid a crash;
    [cir] Rules of the road, and other State laws and local motor 
vehicle laws and ordinances;
    [cir] Critical vehicle systems and sub-systems requiring preventive 
maintenance;
    [cir] Vehicle and highway features:
    [squf] That aid the driver in avoiding crashes;
    [squf] That protect the driver and passengers in crashes; and
    [squf] That maximize the care of the injured.
    [cir] Signs, signals, and highway markings and highway design 
features that require understanding for safe operation of motor 
vehicles;
    [cir] Differences in characteristics of urban and rural driving 
including safe use of modern expressways;
    [cir] Safe Driving Practices including: making good driver 
decisions; use of occupant restraints; not driving under the influence; 
and dealing with fatigue, distractions and aggressive drivers; and
    [cir] Sharing the roadway with other users, especially pedestrians, 
bicycles, and motorcycles, who are more physically vulnerable to injury 
or death in the event of a crash.
    Each State should also ensure:
     That research and development programs including adequate 
research, development and procurement of practice driving facilities, 
simulators, and other similar teaching aids for both school and other 
driver training use;
     There is a program for adult driver training and 
retraining; and
     Commercial driving schools are licensed and commercial 
driving instructors are certified in accordance with specific criteria 
adopted by the State.
V. Communication Program
    States should develop and implement communication strategies 
directed at supporting policy and program elements. The SHSO should 
develop a statewide communications plan and campaign that:
     Informs the public about State GDL laws;
     Identifies audiences at particular risk and develops 
appropriate messages;
     Provides culturally competent materials;
     Informs parents/guardians about the role of supervised 
driving and the State's GDL law;
     Informs novice drivers about underage drinking and zero 
tolerance laws (in effect in all 50 States and the District of 
Columbia), such as including information in manuals for new drivers and 
including a question about the topic on the written test for a 
learner's permit;
     Informs the public on the role of parental monitoring/
involvement; and
     Informs the public about State guidelines and regulation 
of driver education.
VI. Program Evaluation and Data
    The SHSO should develop a comprehensive evaluation program to 
measure progress toward established project goals and objectives and 
optimize the allocation of limited resources. The State should promote 
effective evaluation by:
     Supporting the analysis of police accident reports;
     Encouraging, supporting and training localities in 
process, impact and outcome evaluation of local programs;
     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 No. 5

Non-Commercial Driver Licensing

    Each State, in cooperation with its political subdivisions and 
tribal governments, should develop and implement a comprehensive, 
culturally competent highway safety program, reflective of State 
demographics, to achieve a significant reduction in traffic crashes, 
fatalities and injuries on public roads. Each state should have a 
driver licensing program ensuring that every driver is adequately 
trained and tested, evaluated for physical and mental fitness, when 
appropriate, and possesses only one driver license and driver record.
I. Program Management
    Each State should have a licensing agency that ensures only those 
qualified to operate motor vehicles obtain a valid State driver license 
applicable to vehicles they are authorized to operate. This agency 
should:
     Ensure that drivers are appropriately licensed for the 
vehicles they operate;
     Ensure that driver license applicants are appropriately 
screened for correct identity;
     Ensure that documents used to establish identity are 
appropriately analyzed;
     Take appropriate measures to ensure that applicants are 
not licensed in other states;
     Provide driver licenses that are tamper resistant to 
prevent fraudulent use of the document; and
     Provide driver licenses that clearly indicate if the 
driver is under 21 years of age.
II. Legislation, Regulation and Policy
    A model driver licensing program should provide, at a minimum, that 
each driver:
     Hold only one license, which identifies the type(s) of 
vehicle(s) he or she is authorized to operate;

[[Page 5498]]

     Submits acceptable proof of identity in applying for an 
original, renewal or re-application of a driver's license;
     Passes an initial examination demonstrating his or her:
    [cir] Ability to operate the class(es) of vehicles(s) for which he 
or she is licensed;
    [cir] Ability to read and comprehend traffic signs and symbols;
    [cir] Knowledge of laws relating to traffic (rules of the road) 
safe driving procedures, vehicle and highway safety features, emergency 
situations that arise in the operation of and other driver 
responsibilities; and
    [cir] Visual acuity, which must meet or exceed State guidelines.
     Renews his/her license, in-person, periodically.
    A model Graduated Driver Licensing (GDL) law should require each 
driver under age 18 to participate in a GDL System, a three-stage 
system that incrementally adds privileges for novice drivers as they 
gain experience driving. The three-stage process should include the 
following progressive steps:
    [cir] First, the young driver receives a learner's permit that 
requires completion of both a minimum of 6 months driving without an 
at-fault crash or traffic violation and supervised driving practice in 
which the supervising licensed driver is age 21 or older;
    [cir] Next, the young driver receives an intermediate, or 
provisional, permit that requires completion of a minimum of 6 months 
driving without an at-fault crash or traffic violation and imposes 
nighttime driving restrictions and teenage passenger restrictions; as 
well as adherence to State safety belt use requirements;
    [cir] The third and final stage is full licensure (with maximum 
blood alcohol limits of .02 until age 21); and
    [cir] The driver should receive driver education that meets 
standards set by the State that are related to the state driving manual 
and driving test and, to the greatest degree possible, increases the 
safety performance of new drivers. (Under no circumstance should driver 
education reduce the time required to pass through the GDL system.)
III. Driver Fitness
    Each State should have:
     A system that provides medical evaluation of persons whom 
the driver licensing agency has reason to believe has mental or 
physical conditions that might impair their driving ability;
     A procedure that will keep the driver license agency 
informed of all licensed drivers who are currently applying for or 
receiving any type of tax, welfare or other benefits or exemptions for 
the blind or visually impaired beyond established state vision 
requirements;
     A medical advisory board or equivalent allied health 
professional unit composed of qualified personnel to advise the driver 
license agency on medical criteria and vision guidelines; and
     Protection from civil liability for individuals who 
report, in good faith, potentially at-risk drivers to the licensing 
authority.
IV. 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:
     A motorcycle operator's manual that contains essential 
information on reducing the risks associated with riding a motorcycle;
     A 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 do not have the 
proper endorsement;
     Motorcycle license renewal requirements;
     Learner's permits issued for a period of at least 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.
V. Driver Records, Data and Evaluation
    Each State should maintain a driver control record on each licensed 
driver that includes identification information, principle residence, 
and driver history. In addition to the historical aspect, the traffic 
records system should be conducive to:
     Timely, accurate, and complete entry of data into the 
system;
     Ease of accessibility to the system to give timely, 
accurate and complete information on drivers for users of the system. 
Functional users may include courts, administrative/legal personnel, 
motor vehicle administration, law enforcement, research and development 
and private citizens etc.;
     Real-time availability of data available to provide DMV 
personnel and other system users with a rapid-response system for the 
information requested on standard and priority requests for eligibility 
of an applicant for issuance of a driver license;
     Ad-hoc reporting for statistical and other research 
purposes;
     Real time identification of problem drivers for 
enforcement or other operational countermeasures; and
     Medical restriction or suspension/revocation information.
    Each license should be issued for a specific term, and should be 
renewed to remain valid. At time of issuance or renewal each driver's 
record should be checked.
    There should be a driver improvement program to identify problem 
drivers for record review and other appropriate actions designed to 
reduce the frequency of their involvement in traffic crashes or 
violations.
    The non-commercial driver licensing program should be periodically 
evaluated by the State. The evaluation should, among other issues, 
attempt to ascertain the extent to which driving without a license 
occurs.

VI. Communication Program

    States should develop and implement communication strategies 
directed at supporting policy and program elements. The SHSO should 
develop a statewide communications plan and campaign that:
     Informs the public about State licensing requirements;
     Identifies audiences at particular risk and develops 
appropriate messages;
     Provides information about driver fitness requirements and 
mental or physical conditions that might impair driving abilities;
     Informs motorcycle registrants of the need to obtain an 
appropriate motorcycle endorsement or license;
     Provides culturally competent materials;
     Informs parents/guardians about the role of supervised 
driving and the State's GDL law; and
     Informs novice drivers about underage drinking and zero 
tolerance laws (in effect in all 50 States and the District of 
Columbia), such as including information in manuals for new drivers and 
including a question about the topic on the written test for a 
learner's permit.

Highway Safety Program Guideline No. 7

Judicial and Court Services

    Each State, in cooperation with its political subdivisions and 
tribal

[[Page 5499]]

governments, should develop and implement a comprehensive, culturally 
competent highway safety program, reflective of State demographics, to 
achieve a significant reduction in traffic crashes, fatalities and 
injuries on public roads. Each State should have a comprehensive 
judicial services program as part of its overall highway safety 
program. Such judicial services programs should support courts in the 
competent and effective adjudication of both administrative and 
statutory law cases. Judicial services programs should, consistent with 
ethical and professional requirements, promote judicial outreach 
activity to reduce traffic crashes and resultant fatalities and injury. 
This document describes the four key components of state judicial 
services programs and the specific activities needed to implement those 
components. Additional information on judicial outreach is addressed in 
Highway Safety Guideline No. 8, Impaired Driving.
I. Program Management
    Program planning, implementation, and coordination are essential 
for achieving and sustaining State traffic enforcement and adjudication 
functions. The State Highway Safety Office (SHSO), in conjunction with 
State and local court administrators, chief judges, and judicial 
educators should ensure that State traffic safety programs are well 
planned and coordinated. State SHSOs should provide leadership, 
training and technical assistance to:
     Implement and integrate regular traffic law and safety-
related judicial education in judicial education programs for all 
judges;
     Generate broad-based support for traffic safety programs 
by informing all stakeholders, including court administrators and the 
judges they serve, of comprehensive highway safety plans for traffic 
enforcement;
     Coordinate traffic safety programs to include Commercial 
Motor Vehicle (CMV) safety activities such as the Motor Carrier Safety 
Assistance Program;
     Promote the dissemination of NHTSA-supported judicial 
traffic safety and education courses through coordination with State 
judicial educators and nationally based institutions such as the 
National Center For State Courts, National Council of Juvenile and 
Family Court Judges, and the National Judicial College; and
     Support the development and ethical implementation of 
judicial education programs for state, local, administrative, and 
tribal courts that will accomplish the following objectives:
    [cir] Utilize enabling legislation and regulations to provide the 
public with effective and efficient court services;
    [cir] Provide the impetus for judges to be thoroughly educated on 
all facets of motor vehicle law;
    [cir] Develop cooperative relationships with other government 
branches, agencies, and entities, as well as community organizations, 
and traffic safety stakeholders; and
    [cir] Establish qualitative and quantitative performance measures 
by which the delivery of services can be evaluated.
II. Resource Management
    The SHSO should coordinate with the courts to develop and maintain 
comprehensive management plans that identify and deploy those resources 
necessary to effectively provide efficient traffic law-related services 
to the public. The resource management plans should include specific 
components concerning the allocation of funding, personnel, and 
facilities. Comprehensive management plans should include:
     Periodic assessment of traffic law-related service demands 
and the resources needed to serve the needs of the public;
     Development of traffic law-related court service resource 
management plans that address budgetary requirements, staff allocation, 
and facilities requirements; and
     Employment of efficient accounting and data processing 
systems to facilitate prompt and accurate generation, retrieval, and 
sharing of information and records.
III. Training and Education
    Training and education are essential to support and maintain the 
delivery of traffic law-related services by the judicial branch of 
government. To be effective adjudicators, and serve the needs of the 
public, judges must receive regular education and training of the 
highest caliber. Judicial education and training should be promoted 
and, where appropriate, presented by the SHSO or other training 
entities with experienced faculties in the area of traffic safety, 
including law and procedure. Judicial education and training should be:
     Adequately funded and where possible compulsory as a 
requirement to maintaining service in office;
     Provided by State or nationally based judicial education 
and training entities with experienced faculties in area of traffic-
related law and procedure;
     Inclusive of education components consistent with models 
developed by the American Bar Association, for example the Code of 
Judicial Ethics and the Rules of Professional Conduct;
     Inclusive of case management components so as to foster 
productivity and the prompt and efficient disposition of cases;
     Specialized as to curriculum so as to address the needs of 
both statutory and administrative judges as well as hearing officers; 
and
     Assessed regularly so as to insure that education 
components address specialized traffic enforcement skills, techniques, 
or programs such as DWI/Drug Courts.
IV. Data and Evaluation
    The SHSO, in conjunction with court administrators should develop a 
comprehensive evaluation program to measure progress toward established 
project goals and objectives. Utilizing comprehensive evaluation 
programs, the SHSO should effectively plan and implement statewide, 
county, local, and tribal traffic safety programs. Such programs should 
have as objectives the optimization of limited resource allocation and 
should measure the impact of traffic enforcement on court resources. 
Data that are collected should include case disposition summaries and 
reports, and other relevant workload information. Court administrators 
should:
     Include evaluation components in initial program planning 
so as to ensure that data will be available for evaluation;
     Insure that adequate resources and personnel are allocated 
to program planning and data collection;
     Regularly report results of program evaluations to project 
and program managers, legislative decision-makers, and to the public;
     Utilize results to guide future activities and to assess 
in justifying resources to governing bodies;
     Conduct surveys to assist in determining court and program 
effectiveness, including surveys that measure public knowledge and 
attitudes about court programs;
     Evaluate the effectiveness of services provided in support 
of priority safety programs; and
     Maintain and report court generated data to appropriate 
repositories through the use of effective records programs that:
    [cir] Provide records rapidly and accurately;
    [cir] Provide routine compilations of data for management use in 
the decision-making process;

[[Page 5500]]

    [cir] Provide data for operational planning and execution;
    [cir] Interface with a variety of data systems, including statewide 
traffic safety records systems that are accessible by other State and 
local governmental entities, agencies and courts;
    [cir] Provide for the evidentiary integrity of information so as to 
insure its admissibility in subsequent court and administrative hearing 
proceedings; and
    [cir] Work with court administrators to use the traffic court 
functional standards that are available through the National Center for 
State Courts.

Highway Safety Program Guideline No. 10

Traffic Records

    Each State, in cooperation with its political subdivisions and 
tribal governments, should implement a traffic records system (TRS) to 
support highway and traffic safety decision making and long-range 
transportation planning. A complete TRS is necessary for identifying 
the locations and causes of crashes, for planning and implementing 
countermeasures, for operational management and control, and for 
evaluating highway safety programs and improvements. This guideline 
describes the components that a State TRS program should include and 
the criteria that the program components should meet.
I. Traffic Records System Information Components
    A TRS has been defined as a virtual set of independent real systems 
(e.g., driver conviction records, crash records, roadway data, etc.), 
which collectively form the information base for the management of the 
highway and traffic safety activities of a State. An updated concept of 
a TRS encourages States to take a global approach and work toward 
compiling data into a unified, accessible resource. Sharing and 
integrating data makes such a system possible, without necessarily 
duplicating costly and time-consuming tasks such as data entry. 
Achieving integrated access to data without bringing all the data into 
a single database is a goal of the TRS. The traffic records system 
should consist of the following major components:
    A. The Crash Data Component documents the time, location, 
environment, and characteristics (e.g., sequence of events, rollover, 
etc.) of a crash. It contains basic information about every reportable 
(as defined by State statute) motor vehicle crash on any public roadway 
in the State. Through links to other TRS components, the Crash Data 
Component identifies the roadways, vehicles, and people (e.g., drivers, 
occupants, pedestrians) involved in the crash. These data help to 
document the consequences of the crash (e.g., fatalities, injuries, 
property damage, and violations charged), support the analysis of 
crashes in general, and the analysis of crashes within specific 
categories defined by:
     Person characteristics (e.g., age or gender);
     Location characteristics (e.g., roadway type or specific 
intersections);
     Vehicle characteristics (e.g., condition and legal 
status); and
     The interaction of various components (e.g., time of day, 
day of week, weather, driver actions, pedestrian actions, etc.)
    B. The Roadway Data Component includes roadway location, 
identification, and classification, as well as a description of a 
road's total physical characteristics and usage. These attributes are 
tied to a location reference system. Linked safety and roadway 
information are valuable components that support a State's construction 
and maintenance program development. This roadway information should be 
available for all public roadways, including local roads.
    The State Department of Transportation (State DOT) typically has 
custodial responsibility for the Roadway Data Component. This component 
includes various enterprise-related files such as:
Roadway Inventories
     Pavement
     Bridges
     Intersection
Roadside Appurtenances
     Traffic control devices
     Guard rails
     Barriers
Traffic
     VMT
     Travel by vehicle type
Other
     GIS
     LRS
     Project inventory
    C. The Driver Data Component includes information about the State's 
population of licensed drivers as well as information about convicted 
traffic violators who are not licensed in that State. Information about 
persons licensed by the State should include: personal identification, 
driver license number, type of license, license status, driver 
restrictions, convictions for traffic violations in the State and the 
history of convictions for critical violations in prior States, crash 
history (whether or not cited for a violation), driver improvement or 
control actions, and driver education data.
    Custodial responsibility for the Driver Data Component usually 
resides in a State Department or Division of Motor Vehicles (DMV). Some 
commercial vehicle operator-related functions may be handled separately 
from the primary custodial responsibility for driver data. The 
structure of driver databases typically is oriented to individual 
``customers.''
    D. The Vehicle Data Component includes information on the 
identification and ownership of vehicles registered in the State. Data 
should be available regarding vehicle make, model, year of manufacture, 
body type, and vehicle history (including odometer readings) in order 
to produce the information needed to support analysis of vehicle-
related factors that may contribute to a State's crash experience. Such 
analyses would be necessarily restricted to crashes involving in-State 
registered vehicles only.
    Custodial responsibility for the vehicle data usually resides in a 
State Department or Division of Motor Vehicles. Some commercial 
vehicle-related functions may be handled separately from the primary 
custodial responsibility for all other vehicle data. The structure of 
vehicle databases typically is oriented to individual ``customers.''
    E. The Citation/Adjudication Data Component, which identifies 
citation/arrest and adjudication activity of the State, includes 
information that tracks a citation from the time of its distribution to 
a law enforcement officer, through its issuance to an offender, its 
disposition and the posting of conviction in the driver history 
database. Case management systems, law enforcement records systems, and 
DMV driver history systems should share information to support:
     Citation tracking;
     Case tracking;
     Disposition reporting; and
     Specialized tracking systems for specific types of 
violators (e.g., DUI tracking systems).
    Information should be available to identify the type of violation, 
location, date and time, the enforcement agency, court of jurisdiction, 
and final disposition. Similar information for warnings and other motor 
vehicle incidents that would reflect enforcement activity are also 
useful for highway safety purposes and should be available at the local 
level.

[[Page 5501]]

    The information should be used for determining the level of 
enforcement activity in the State, for accounting and controlling of 
citation forms, and for detailed monitoring of court activity regarding 
the disposition of traffic cases.
    Custodial responsibility for the multiple systems that make up the 
Citation/Adjudication Data Component should be shared among local and 
State agencies, with law enforcement, courts, and the State Division or 
DMV sharing responsibility for some files (e.g., portions of the 
citation tracking system). State-level agencies should have 
responsibility for managing the law enforcement information network 
(e.g., a criminal justice information agency), for coordinating and 
promoting court case management technology (e.g., an administrative arm 
of the State Supreme Court), and for assuring that convictions are 
forwarded to the DMV and actually posted to the drivers' histories 
(e.g., the court records custodian and the DMV).
    F. The Statewide Injury Surveillance System (SWISS) Data Component 
typically incorporates pre-hospital (EMS), trauma, emergency department 
(ED), hospital in-patient/discharge, rehabilitation and morbidity 
databases to track injury causes, magnitude, costs, and outcomes. 
Often, these systems rely upon other components of the TRS to provide 
information on injury mechanisms or events (e.g., traffic crash 
reports). The custodial responsibility for various files within the 
SWISS typically is distributed among several agencies and/or offices 
within a State Department of Health.
    This system should allow the documentation of information that 
tracks magnitude, severity, and types of injuries sustained by persons 
in motor vehicle related crashes. Although traffic crashes cause only a 
portion of the injuries within any population, they often represent one 
of the more significant causes of injuries in terms of frequency and 
cost to the community. The SWISS should support integration of the 
injury data with police reported traffic crashes and make this 
information available for analysis to support research, public policy, 
and decision making.
II. Traffic Records System Information Quality
    A State's traffic records information should be maintained in a 
form that is of high quality and readily accessible to users throughout 
the State. Performance-based measures should be quantifiable and should 
be established for each attribute of each component, e.g., the amount 
of elapsed time from initial data collection until entry in the traffic 
records system, the level of accuracy and completeness the data must 
meet in order to pass edit and validation checks during data entry, the 
level of adoption of various standards and guidelines, etc. The 
definition of each performance-based measure and its relative 
significance may vary for each of the State's TRS data components.
    The quality of a State's traffic records information is determined 
by the following attributes:
     Timeliness--information should be available within a 
timeframe to be meaningful for effective analysis of a State's highway 
safety programs, and for efficient conduct of each custodial agency's 
business and mission;
     Consistency--the information should be consistent with 
nationally accepted and published guidelines and standards (e.g., 
MMUCC, NEMSIS), and data should be collected on uniform forms that are 
prescribed by the State for use by all jurisdictions;
     Completeness--the information should be complete in terms 
of all the people, events, things, or places represented by the records 
in the various components, and it should be complete in terms of all 
the variables required to be collected on those people, events, things, 
or places; The information should be accurate and should be achieved by 
the application of commonly used quality control methods; Inaccurate 
data should be returned to the reporting source for correction;
     Accuracy--the information should be accurate as determined 
by quality control methods to ensure accurate information is contained 
on individual reports (e.g., validity and consistency checks in the 
data capture and data entry processes and feedback to jurisdictions 
submitting inaccurate reports);
     Accessibility--the information should be readily and 
easily accessible to the principal users of the traffic records system 
components, including both direct access (automated) and the ability to 
obtain periodic (standard) reports as well as reports and data by 
special request; and
     Data Integration--information in any traffic records 
system component should be capable of being linked with any other 
component through the use of common data variables where possible and 
permitted by law.
III. Uses of a Traffic Records System
    The purpose of a State's traffic records system is to establish a 
base of useful information and data. This includes operational 
personnel, program managers, program analysts, researchers, policy 
makers, and the public. To be of optimal value, the system should 
provide for the efficient flow of data to support a broad range of 
traffic safety and other activities, in particular the following:
     Problem Identification
    Problem identification is the process of determining the locations 
and causes of crashes and their outcomes and of selecting those sites 
and issues that represent the best opportunity for highway safety 
improvements;
     Research and Program Development
    The traffic records system should provide information to identify 
safety problems, trends, and baseline measures essential for data-
driven planning decisions;
     Policy Development
    The traffic records system should provide information to permit 
informed decisions in setting highway safety policy, including State 
Highway Safety Plans.
     Analytic Resources Access
    Data users, and decision makers in particular, should have access 
to resources including skilled analytic personnel and easy to use 
software tools to support their needs. These tools should be 
specifically designed to meet needs such as addressing legislative 
issues (barriers as well as new initiatives), program and 
countermeasure development, management, and evaluation, as well as 
meeting all reporting requirements.
     Public Access to Data
    The TRS should be designed to give the public or general non-
government user reasonable access to data files, analytic results, and 
resources, but still meet State and Federal privacy and security 
standards.
     Data Use and Improvement
    The TRS should be viewed as more than a collection of data 
repositories, and as a set of processes, methods, and component 
systems. Knowledge of how these data are collected and managed, along 
with where the bottlenecks and quality problems arise, is critical to 
users understanding proper ways to apply the data.
IV. Traffic Records System Management
    The development and management of traffic safety programs is a 
systematic process with the goal of reducing the number and severity of 
traffic crashes. This data-driven process ensures that all 
opportunities to improve highway safety are identified and considered 
for implementation. This process can be achieved through the following 
initiatives:

[[Page 5502]]

Traffic Records Coordinating Committee (TRCC)
    The State should form a TRCC whose membership includes, among 
others, managers, collectors, and users of traffic records and public 
health and injury control data systems. The TRCC should have the 
authority to approve the State's Strategic Plan for Traffic Records 
Improvements. The TRCC should also:
     Represent all stakeholders; Each stakeholder must have 
support from the top management of the representative agency;
     Have the authority to review any of the State's highway 
safety data and traffic records systems and to review any proposed 
changes to such systems prior to implementation;
     Provide a forum for the discussion of highway safety data 
and traffic records issues and report on any such issues to the 
agencies and organizations in the State that create, maintain and use 
highway safety data and traffic records;
     Represent the interests of the agencies and organizations 
within the traffic records system to outside organizations; and
     Review and evaluate new technologies to keep the highway 
safety data and traffic records system up-to-date.

Strategic Planning

    The TRS should support the traffic safety strategic planning 
process that helps State and local data owners identify and support 
their overall traffic safety program needs and addresses the changing 
needs for information over time.

Data Integration

    States should integrate data and expand their linkage opportunities 
to track traffic safety events among data files. Data integration 
should be addressed through the following:
     Create and Maintain a System Inventory;
     Support Centralized Access to Linked Data;
     Meet Federal Reporting Requirements such as FARS, MCMIS/
SafetyNet, HPMS, and others;
     Support Electronic Data Sharing; and
     Adhere to State and Federal Privacy and Security 
Standards.

Highway Safety Program Guideline No. 12

Prosecutor Training and Outreach

    Each State, in cooperation with its political subdivisions and 
tribal governments, should develop and implement a comprehensive, 
culturally competent highway safety program, reflective of State 
demographics, to achieve a significant reduction in traffic crashes, 
fatalities and injuries on public roads. All programs should include a 
comprehensive prosecutorial training and outreach program which should 
support prosecutors in the competent, effective and ethical prosecution 
of both criminal and administrative cases. Moreover, prosecutorial 
training and outreach programs should be consistent with both ethical 
and professional requirements as well as training and technical 
assistance needs of prosecutors and should promote prosecutorial 
outreach activity to reduce traffic crashes and resulting fatalities 
and injuries. This guideline describes the key components that a State 
outreach program should include and the minimum criteria that the 
program components should meet. Additional information on prosecutor 
outreach is addressed in Highway Safety Guideline No. 8, Impaired 
Driving.
I. Program Management
    Program planning, implementation and coordination are essential for 
achieving and sustaining high quality State traffic enforcement and 
prosecution functions. The State Highway Safety Office (SHSO), in 
conjunction with State prosecutor associations, Prosecutor Coordinators 
and Traffic Safety Resource Prosecutors (TSRP) should ensure that State 
traffic safety programs are comprehensive, well planned and 
coordinated. State SHSOs should provide leadership, training and 
technical assistance to their State's prosecutors. In doing so, the 
SHSOs should:
     Communicate and coordinate with State prosecutor 
coordinators and TSRPs regarding comprehensive highway safety plans for 
traffic enforcement so they can generate broad-based prosecutorial 
support for traffic safety programs;
     Assist State prosecutor coordinators and TSRPs in 
implementing regular traffic law and safety-related prosecutor training 
programs;
     Provide support and assistance to State prosecutor 
coordinators and TSRPs for training and technical assistance that 
prosecutors need to effectively prosecute impaired driving and other 
traffic related cases; and
     Evaluate the delivery of training and technical assistance 
through established qualitative and quantitative measures.
II. Resource Management
    The SHSO should assist and encourage prosecutors to develop and 
maintain comprehensive management plans that identify and deploy those 
resources necessary to provide efficient traffic law-related services 
that include:
     Periodic assessment of traffic law-related service demands 
and the resources needed to serve the needs of prosecution and the 
public.
     Development of traffic law-related prosecutor resource 
management plans that address budgetary requirements, staff allocation, 
and facilities requirements.
     Employment of efficient accounting and data processing 
systems to facilitate prompt and accurate generation, retrieval, and 
sharing of information and records.
III. Training and Technical Assistance
    Training and technical assistance are essential to support the 
delivery of high quality traffic law-related prosecution. To 
effectively serve the needs of law enforcement, victims and the public, 
prosecutors must receive regular, consistent training and have 
available to them individuals who can provide technical assistance in a 
competent and efficient manner. To this end, the SHSO should:
     Encourage the implementation of the TSRP program;
     Provide Prosecutor Coordinators and TSRPs with advanced 
education and training in area of traffic-related law and procedure so 
as to enhance delivery of training and technical assistance to local 
prosecutors, law enforcement officers, advocacy groups, and other 
traffic safety professionals;
     Assist and support prosecutor coordinators in providing 
traffic law and safety-related training programs to the State's 
prosecutors;
     Include development and delivery of specialized curriculum 
to address the needs of both experienced and inexperienced prosecutors 
handling complex impaired driving and other traffic prosecutions;
     Encourage consistent training and technical assistance 
through the prosecutor coordinators to address high turnover rates in 
prosecutor offices; and
     Include case management components to foster prompt and 
effective prosecution of traffic cases.
IV. Data and Evaluation
    The SHSO, in conjunction with the prosecutor coordinator and the 
TSRP, should develop a comprehensive evaluation program to measure 
progress toward established project goals and

[[Page 5503]]

objectives. Utilizing comprehensive evaluation strategies, the SHSO 
should effectively plan and implement statewide, county, and local 
traffic safety training programs. Collected data should include 
training programs attended, technical assistance requested and 
received, and other workload information. The evaluation results should 
be used to maximize limited resources and measure the impact of such 
training and assistance on prosecutorial resources and the ability to 
effectively prosecute traffic cases. The SHSO should make sure that 
Prosecutor Coordinators or TSRPs:
     Include evaluation components in initial program planning 
to ensure that data will be available for analysis;
     Ensure that adequate resources and personnel are allocated 
to program planning and data collection;
     Regularly report results of program evaluations to project 
and program managers, and legislative decision-makers;
     Utilize results to guide future activities and assess 
resource allocation; and
     Evaluate the effectiveness of services provided in support 
of priority traffic safety programs.

Highway Safety Program Guideline No. 17

Pupil Transportation Safety

    Each State, in cooperation with its political subdivisions and 
tribal governments, should establish a State highway safety program for 
pupil transportation safety including the identification, operation, 
and maintenance of buses used for carrying students; training of 
passengers, pedestrians, and bicycle riders; and administration. The 
purpose of this guideline is to provide strategies for minimizing, to 
the greatest extent possible, the danger of death or injury to school 
children while they are traveling to and from school and school-related 
events.
I. Program Management
    There should be a single State agency with primary administrative 
responsibility for pupil transportation that employs at least one full-
time professional to carry out these responsibilities. The responsible 
State agency should develop an operating system for collecting and 
reporting information needed to improve the safety of operating school 
buses and school-chartered buses. Each State should establish 
procedures to meet the following recommendations for identification and 
equipment of school buses. All school buses should:
     Be identified with the words ``School Bus'' printed in 
letters not less than eight inches high, located between the warning 
signal lamps as high as possible without impairing visibility of the 
lettering from both front and rear, and have no other lettering on the 
front or rear of the vehicle, except as required by Federal Motor 
Vehicle Safety Standards (FMVSS), 49 CFR Part 571;
     Be painted National School Bus Glossy Yellow, in 
accordance with the colorimetric specification of National Institute of 
Standards and Technology (NIST) Federal Standard No. 595a, Color 13432, 
except that the hood should be either that color or lusterless black, 
matching NIST Federal Standard No. 595a, Color 37038;
     Have bumpers of glossy black, matching NIST Federal 
Standard No. 595a, Color 17038, unless, for increased visibility, they 
are covered with a reflective material;
     Comply with all FMVSS applicable to school buses at the 
time of their manufacture;
     Be equipped with safety equipment for use in an emergency, 
including a charged fire extinguisher that is properly mounted near the 
driver's seat, with signs indicating the location of such equipment;
     Be equipped with device(s) demonstrated to enhance the 
safe operation of school vehicles, such as a stop signal arm;
     Be equipped with a system of signal lamps that conforms to 
the school bus requirements of FMVSS No. 108, 49 CFR 571.108;
     Have a system of mirrors that conforms to the school bus 
requirements of FMVSS No. 111, 49 CFR 571.111; and
     School-chartered buses should comply with all applicable 
Federal Motor Carrier Safety Regulations (FMCSR) and FMVSS.
    Any school bus meeting the recommendations above that is 
permanently converted for uses other than transporting children to and 
from school should be painted a color other than National School Bus 
Glossy Yellow, and should have the stop arms and school bus signal 
lamps removed.
    School buses, while being operated on a public highway and 
transporting primarily passengers other than school children, should 
have the words ``School Bus'' covered, removed, or otherwise concealed, 
and the stop arm and signal lamps should not be operated.
II. Operations
    Each State should establish procedures to meet the following 
recommendations for operating school buses and school-chartered buses:
     Personnel
    [cir] Each State should develop a plan for selecting, training, and 
supervising persons whose primary duties involve transporting school 
children in order to ensure that such persons will attain a high degree 
of competence in, and knowledge of, their duties;
    [cir] Every person who drives a school bus or school-chartered bus 
occupied by school children should, as a minimum:
    [squf] Have a valid State driver's license to operate such a 
vehicle. All drivers who operate a vehicle designed to transport 16 or 
more persons (including the driver) are required by the Federal Motor 
Carrier Safety Administration's (FMCSA) Commercial Driver's License 
Standards (49 CFR Part 383) to have a valid commercial driver's 
license;
    [squf] Meet all physical, mental, moral and other requirements 
established by the State agency having primary responsibility for pupil 
transportation, including requirements related to drug and/or alcohol 
misuse or abuse; and
    [squf] Meet the physical qualification standards for drivers under 
the FMCSR of the FMCSA, 49 CFR Part 391, if the driver or the driver's 
employer is subject to those regulations.
     Vehicles
    [cir] Each State should enact legislation that provides for uniform 
procedures regarding school buses stopping on public highways for 
loading and discharge of children. Public information campaigns should 
be conducted on a regular basis to ensure that the driving public fully 
understands the implications of school bus warning signals and 
requirements to stop for school buses that are loading or discharging 
school children. Schools should work with local law enforcement 
agencies to enforce laws against passing a stopped school bus that is 
loading or unloading students;
    [cir] Each State should establish policies to ensure that school 
districts are aware of the federal statutory provision 49 U.S.C. 
Section 30112(a), as amended by Section 10309(b) of SAFETEA-LU (P.L. 
109-59), prohibiting the purchase by schools and school systems of new 
non-conforming vehicles for school transportation purposes, and 
prohibit operation of any school bus or other vehicle used for school 
transportation purposes unless it meets the FMVSSs for school buses;
    [cir] Each State should minimize highway use hazards to school bus 
and school-chartered bus occupants, other highway users, pedestrians, 
bicycle riders and property. Efforts to minimize

[[Page 5504]]

such hazards should include, but not be limited to:
    [squf] Planning safe routes and annually reviewing routes for 
safety hazards;
    [squf] Planning routes to ensure the most effective use of school 
buses and school-chartered buses to ensure that passengers are not 
standing while these vehicles are in operation;
    [squf] Providing loading and unloading zones off the main traveled 
part of highways, whenever it is practical to do so;
    [squf] Establishing restricted loading and unloading areas for 
school buses and school-chartered buses at or near schools;
    [squf] Ensuring that school bus operators, when stopping on a 
highway to take on or discharge children, adhere to State regulations 
for loading and discharging including the use of signal lamps;
    [squf] Replacing school buses manufactured before April 1, 1977, 
with buses that meet the current FMVSSs for school buses, and not 
chartering any pre-1977 school buses; and
    [squf] Prohibiting public or private schools from purchasing school 
buses built prior to April 1, 1977 for school transportation or school-
related events.
    [cir] Use of amber signal lamps to indicate that a school bus is 
preparing to stop to load or unload children is at the option of the 
State. Use of red warning signal lamps as specified in this guideline 
for any purpose or at any time other than when the school bus is 
stopped to load or discharge passengers should be prohibited; and
    [cir] When school buses are equipped with stop arms, such devices 
should be operated only in conjunction with red warning signal lamps, 
when vehicles are stopped.
     Seating
    [cir] Children are protected in large school buses by 
compartmentalization, a passive occupant protection system. This 
provides a protective envelope consisting of strong, closely-spaced 
seats that have energy-absorbing padded seat backs that help to 
distribute and reduce crash forces. Compartmentalization is most 
effective when occupants are fully seated within the bus seat. Seating 
should be provided that will allow each occupant to sit on a school bus 
seat without any part of his or her body extending into the aisle;
    [cir] There should be no auxiliary seating accommodations such as 
temporary or folding jump seats in school buses;
    [cir] Standing while school buses and school-chartered buses are in 
motion should not be permitted. Routing and seating plans should be 
coordinated to eliminate passengers standing when a school bus or 
school-chartered bus is in motion;
    [cir] Drivers of school buses and school-chartered buses should be 
required to wear occupant restraints whenever the vehicle is in motion;
    [cir] Passengers in school buses and school-chartered buses with a 
gross vehicle weight rating (GVWR) of 10,000 pounds or less should be 
required to wear occupant restraints (where provided) whenever the 
vehicle is in motion. Occupant restraints should comply with the 
requirements of FMVSS Nos. 208, 209 and 210, as they apply to 
multipurpose vehicles;
    [cir] Transporting pre-school age children in a school bus.
    [squf] Each child should be transported in a Child Safety Restraint 
System, suitable for the child's weight and age, that meets applicable 
FMVSSs;
    [squf] Each child should be properly secured in the Child Safety 
Restraint System; and
    [squf] The Child Safety Restraint System should be properly secured 
to the school bus seat, using anchorages that meet FMVSSs.
     Emergency exit access
    [cir] Baggage and other items transported in the passenger 
compartment should be stored and secured so that the aisles are kept 
clear and the door(s) and emergency exit(s) remain unobstructed at all 
times; and
    [cir] When school buses are equipped with interior luggage racks, 
the racks should be capable of retaining their contents in a crash or 
sudden driving maneuver.
     Vehicle maintenance. Each State should establish 
procedures to meet the following recommendations for maintaining buses 
used to carry school children:
    [cir] School buses should be maintained in safe operating condition 
through a systematic preventive maintenance program;
    [cir] All school buses should be inspected at least semiannually. 
In addition, school buses and school-chartered buses subject to the 
FMCSR of FMCSA should be inspected and maintained in accordance with 
those regulations (49 CFR Parts 393 and 396); and
    [cir] School bus drivers should be required to perform daily 
inspections of their vehicles, and the safety equipment thereon 
(especially fire extinguishers), and to report promptly and in writing 
any problems discovered that may affect the safety of the vehicle's 
operation or result in the vehicle's mechanical breakdown. Driver 
vehicle inspection reports for school buses and school-chartered buses 
subject to the FMCSR of FMCSA should be completed in accordance with 49 
CFR 396.11.
III. Other Elements of Pupil Transportation Safety