Amendments to Highway Safety Program Guidelines, 14843-14857 [E9-7241]
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Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices
Issued in Washington, DC, on March 26,
2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E9–7250 Filed 3–31–09; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Petition for Waiver of Compliance
In accordance with Part 211 of Title
49 Code of Federal Regulations (CFR),
notice is hereby given that the Federal
Railroad Administration (FRA) received
a request for a waiver of compliance
with certain requirements of its safety
standards. The individual petition is
described below, including the party
seeking relief, the regulatory provisions
involved, the nature of the relief being
requested, and the petitioner’s
arguments in favor of relief.
Sunflour Railroad Inc./Denver Rock
Island Railroad
[Docket Number FRA–2003–15513]
The Sunflour Railroad Inc./Denver
Rock Island Railroad (SNR) of
Commerce City, Colorado, has
petitioned for a permanent waiver of
compliance for one locomotive (SNR 61)
from the requirements of the Railroad
Safety Glazing Standards, Title 49 CFR
Part 223, which require certified glazing
in all windows. The locomotive is
equipped with automotive type safety
glass that is in good condition with no
discoloration. SNR operates over 26.3
miles of excepted track in primarily
rural territory at speeds not exceeding
10 miles per hour. There has been no
instances of vandalism from the time
the original waiver was granted in 2003.
As stated in their original petition for
waiver in 2003, SNR states that the
expense of retrofitting the locomotive to
comply with FRA Safety Glazing
Standards would impose an undue
financial burden on the company to
protect against situations they do not
encounter.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment, they
should notify FRA, in writing, before
the end of the comment period and
specify the basis for their request.
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All communications concerning these
proceedings should identify the
appropriate docket number (e.g., Waiver
Petition Docket Number FRA–2003–
15513) and may be submitted by any of
the following methods:
• Web site: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue, SE., Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Communications received within 45
days of the date of this notice will be
considered by FRA before final action is
taken. Comments received after that
date will be considered as far as
practicable. All written communications
concerning these proceedings are
available for examination during regular
business hours (9 a.m.–5 p.m.) at the
above facility. All documents in the
public docket are also available for
inspection and copying on the Internet
at the docket facility’s Web site at
https://www.regulations.gov.
Anyone is able to search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; Pages 19477–78).
Issued in Washington, DC on March 26,
2009.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety
Standards and Program Development.
[FR Doc. E9–7248 Filed 3–31–09; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2008–0178]
Amendments to Highway Safety
Program Guidelines
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
ACTION: Revisions to highway safety
program guidelines.
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14843
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.
This notice revises five of the existing
guidelines and adds a new one to reflect
program methodologies and approaches
that have proven to be successful and
are based on sound science and program
administration. The revised guidelines
are Guideline No. 4 Driver Education;
Guideline No. 5 Non-Commercial Driver
Licensing; Guideline No. 7 Judicial and
Court Services; Guideline No. 10 Traffic
Records; and Guideline No. 17 Pupil
Transportation. The new guideline is
Guideline No. 12 Prosecutor Training.
DATES: The revised guidelines become
effective as of the date of publication of
this document in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Susan Kirinich, Research and Program
Development, NTI–100, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue SE.,
Washington, DC 20590; Telephone:
202–366–1755; Fax: 202–366–7721.
SUPPLEMENTARY INFORMATION:
I. 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 revised
guidelines reflects the best available
science and the real-world experience of
NHTSA and the States in developing
and managing traffic safety program
content. Specifically, NHTSA will
update 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
grant funds as well as safety activities
funded from other sources. 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.
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The revised and new guidelines
emphasize areas of nationwide concern
and highlight effective countermeasures.
As each guideline is updated or created,
it will include a date representing the
date of its revision or development.
All the highway safety guidelines are
available on the NHTSA Web site at
https://www.nhtsa.dot.gov/nhtsa/
whatsup/tea21/tea21programs/.
In a Notice published in the Federal
Register on February 6, 2007 (72 FR
5495), the agency requested comments
on the proposed revisions and additions
to the guidelines. The guidelines the
agency proposed to revise were
Guideline No. 4 Driver Education;
Guideline No. 5 Non-Commercial Driver
Licensing; Guideline No. 7 Judicial and
Court Services; Guideline No. 10 Traffic
Records; Guideline No. 17 Pupil
Transportation; and Guideline No. 21
Roadway Safety. The new guideline is
Guideline No. 12 Prosecutor Training.
This new Guideline was developed
because NHTSA has found educating
prosecutors and judges to be an
important part of broader efforts to
enforce and prosecute traffic safety laws
at the State and local levels. Guideline
No. 21 Roadway Safety is still under
review, and will be addressed in a
subsequent publication. Overall, these
revisions and additions will provide upto-date and current guidance to States.
II. Comments
The agency received comments in
response to the notice from several
organizations or associations: the
American Automobile Association
(AAA), the Driver Education and
Training Administrators (DETA), the
Governors Highway Safety Association
(GHSA), the Motorcycle Riders
Foundation (MRF), the Motorcycle
Safety Foundation (MSF), the National
Road Safety Foundation (NRSF), the
National School Transportation
Association (NSTA), the National
Association of Students Against
Violence Everywhere (SAVE), one State
agency (the State of Michigan
Department of State Police); and four
individuals.
GHSA submitted general comments
on the guidelines. The majority of
guideline-specific comments received
focused on Guidelines No. 4 Driver
Education and No. 5 Non-Commercial
Driver Licensing. The agency also
received two comments related to
Guideline No. 17 Pupil Transportation.
A. Comments in General
SAVE generally supported the
guidelines, stating that the guidelines
further encourage States to protect
students. MRF and MSF expressed
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general support for the proposed
additions of motorcycle-specific safety
references.
GHSA provided several general
comments on the guidelines and
commented on NHTSA’s
characterization that the guidelines offer
direction to States in formulating their
highway safety plans for efforts
supported with Section 402 and other
funds. GHSA also asserted that the 402
program is a behavioral program rather
than a comprehensive highway safety
program. GHSA further commented that
a State’s annual Highway Safety Plan is
not comprehensive and does not replace
strategic highway safety plan
requirements under the Highway Safety
Improvement Program (HSIP) of Section
148 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU), Public
Law 109–59.
The HSIP directs State transportation
departments to establish and implement
a State strategic highway safety plan in
their State. To receive funds for the
program, States must have a process in
place to analyze highway safety
problems and opportunities and to
produce strategies to mitigate identified
safety problems. The development and
implementation of a strategic highway
safety plan within each State requires
that the transportation department
conduct extensive consultation with
other organizations within the State and
adopt strategic and performance-based
goals that are coordinated with other
State highway safety programs. In and of
itself this does not require changes in
existing planning processes, plans, or
programs of other State highway safety
agencies; and updating and revising the
Highway Safety Guidelines is not
considered to be in conflict with the
HSIP requirements.
Consistent with Congressional
direction, NHTSA has issued the
guidelines to provide broad guidance to
the States on best practices in each
program area. Research has shown that
the most effective traffic safety
countermeasures involve a
comprehensive approach that utilizes
education, enforcement, engineering
and emergency medical services (the ‘‘4
E’s’’). This comprehensive approach is
cross-cutting by nature and requires
voluntary coordination between various
State and local agencies. A State
Highway Safety Office (SHSO) cannot
require or mandate other State or local
agencies to participate in this type of
cross-cutting program. That does not
mean, however, that the overall program
approach should avoid those areas that
are the primary responsibility of other
governmental agencies. A SHSO should
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seek to work cooperatively with other
State and local agencies to implement
the guidelines and in development and
implementation of the strategic highway
safety plan required under Section 148
of SAFETEA–LU. These guidelines are
not meant to supersede that process, but
rather to complement it.
Citing specific examples in three
proposed guidelines (Guideline No. 4
Driver Education; Guideline No. 5 NonCommercial Driver Licensing; and
Guideline No. 7 Judicial and Court
Services), GHSA also asserted that ‘‘the
guidelines recommend that SHSOs play
a role that is beyond their authority or
control or that may be unacceptable
politically.’’ NHTSA does not expect a
SHSO to go beyond its State mandate to
fulfill the guidelines. It can, however,
encourage and support the efforts by
other State agencies by providing
leadership, technical guidance, or
training in these areas, where
appropriate.
GHSA also voiced concerns regarding
the use of the guidelines. Specifically,
GHSA asked whether NHTSA would
hold a SHSO responsible for
implementing the specific
countermeasures in the guidelines,
connecting them to assessments and
management reviews. The purpose of
each highway safety guideline is to
provide States a description of a
successful comprehensive highway
safety program addressing a given safety
issue. The agency does not intend the
guidelines to be limited to activities
required by Section 402, but rather to
serve as a blueprint for States in
developing and administering their own
highway safety programs. Given the
unique and changing circumstances in
each State, certain guidelines and parts
of guidelines may have a greater or
lesser impact on the safety plans of
different States. NHTSA Regional
Offices can provide guidance to States
to help determine how to use the
guidelines most effectively based on
individual State needs.
GHSA asked that NHTSA remove
from the guidelines references to
SHSOs. NHTSA believes that SHSOs
have an important leadership role in
developing comprehensive traffic safety
programs that effectively reduce traffic
fatalities. The highway safety guidelines
are intended to provide direction to
help SHSOs achieve that goal. As such,
the guidelines remain unchanged in
response to GHSA’s comments outlined
above.
B. Comments Regarding Guideline No.
4: Driver Education
The agency received comments
related to Guideline No. 4 from AAA,
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DETA, GHSA, MRF, MSF, NRSF, and
three individuals. The comments are
addressed below under the
corresponding Guideline section.
I. Program Management
DETA, AAA, and NRSF provided
similar comments regarding the Program
Management section of the Driver
Education Guideline. In particular,
DETA suggested that the Guideline
should apply to public and private
providers of driver education, that there
should be collaboration and
coordination with other State agencies
in addition to the highway safety office,
and the inclusion of a full-time State
employee to provide leadership for
driver education. The agency agrees
with these suggestions and recommends
that, to the extent feasible, States devote
a full-time position for coordination and
oversight of its driver education
program.
AAA and NRSF stressed the
importance of evaluating driver
education programs and suggested the
use of their materials to achieve this.
The agency agrees that this kind of
evaluation is important. However, the
Guideline allows States to identify their
own tools to help them accomplish this
goal. NRSF also suggested periodic
assessment of drivers. NHTSA believes
that the expense of encouraging States
to set up such a system would be
prohibitive, particularly in light of
unknown benefits. The Guideline
remains unchanged in response to this
comment.
DETA and NRSF stressed the
importance of educating younger
children about traffic safety. The agency
agrees with this comment, and has
added language recommending that
States consider driver and highway
safety education for younger students.
NRSF recommended that each State
provide financial incentives to schools
to teach driver education. The agency
believes that this is solely within the
discretion of each State, and, thus, has
not included language to this effect in
the Guideline.
II. Legislation, Regulation, and Policy
The MSF suggested that language
regarding graduated driver licensing
(GDL) restrictions may be more
appropriate for Highway Safety
Guideline No. 5. The agency retained
the language in Guideline No. 4, but
also added it to Guideline No. 5.
The MRF asked for a ‘‘common sense
approach’’ in adapting GDL guidelines
to motorcycles. NHTSA agrees and has
added the language to this Guideline
where GDL pertains to motorcycles. In
response to this Guideline and
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Guideline No. 5, MRF indicated it
would oppose the Guideline separating
motorcycle licenses into categories. The
agency notes that neither Guideline
suggests such separation.
III. Enforcement Program
An individual commented that GDL is
not enforced by the police. The agency
agrees that challenges exist for GDL
enforcement due to the inherent
difficulties of identifying drivers
covered by GDL restrictions. The agency
has included in the existing language
the need for visible and well-publicized
enforcement of the components of the
GDL and zero tolerance laws. AAA
recommended evaluation of
enforcement efforts. The agency agrees
and believes this is part of an overall
evaluation program that is currently
incorporated within the Guideline.
However, the agency added additional
language to this section of the Guideline
to further emphasize evaluation of
enforcement efforts.
IV. Driver Education and Training
Program
DETA suggested that NHTSA
incorporate a section in this Guideline
pertaining to continuing education for
driver education instructors. DETA and
AAA commented in support of
inclusion of standards for driver
education instructors, and indicated
that this Guideline should apply to both
public and commercial schools. DETA
and AAA emphasized that coordination
among all State agencies, not just the
State Highway Safety Office, dealing
with driver education is necessary. The
agency agrees with these comments and
that coordination among State agencies
responsible for driver education is
beneficial and has incorporated these
suggestions into the Guideline.
DETA also suggested the inclusion of
parent involvement in GDL. The agency
agrees and has incorporated language in
the Guideline regarding parental
involvement.
AAA and NRSF recommended
including a more comprehensive ‘‘post
novice’’ or ‘‘adult retraining’’ within the
Guideline. While NHTSA agrees that
this additional training may be
beneficial, States can opt to promote
refresher training for older drivers
through private sources or through a
State agency. The Guideline remains
unchanged in response to these
comments.
AAA supports coordinating driver
education with GDL. The agency agrees
but believes the Guideline already
addresses this concern.
One individual suggested alternate
language for major parts of the elements
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of a training program. Some of these
coincided with DETA
recommendations. The Guideline
incorporates two specific suggestions
pertaining to requiring training in
balanced vehicle movements (through
steering, braking, accelerating, etc.) and
training in new vehicle technology.
DETA recommended that training
vehicles include certain safety
equipment and that driver education
programs include cognitive skills. The
agency agrees and has incorporated this
information into the Guideline.
DETA proposed the inclusion of ‘‘risk
prevention’’ techniques within the
Guideline’s discussion about advanced
driving techniques. Both AAA and an
individual suggested that advanced
driving techniques lack research on
safety benefits and may be inappropriate
for the novice driver. The agency agrees
with these comments and has deleted
the advanced driving techniques
section, replacing it with risk
prevention, as suggested by DETA. A
recommendation by DETA to
incorporate attitudinal awareness
training and peer pressure education
into the Guideline was also accepted.
DETA commented that driver
licensing agencies should require and
review parent driving logs detailing
supervised driving. Because this would
involve significant resources at DMVs
and uncertain benefits, the Guideline
remains unchanged in response to this
comment.
The MSF expressed support for this
Guideline’s inclusion of ‘‘sharing the
roadway’’ language but recommended
that the Guideline also include scooters.
Additionally, the MSF and MRF
commented that driver education
courses should include a motorcycle
awareness component. The agency
agrees with both comments and has
incorporated these suggestions in the
Guideline.
V. Communication Program
An individual commented that
drivers from other countries acquire
licenses too easily and need a longer
education process addressing language
and cultural needs. The agency notes
that within the Communication Program
segment of this Guideline there is
existing language to identify audiences
at particular risk and provide culturally
competent materials. However, the
agency does not agree that there should
be a requirement for extended driver
education for drivers from other
countries.
DETA and the NRSF recommended
the inclusion of language regarding
education for children and youth that
will engender knowledge of safe driving
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practices. The agency agrees and has
incorporated introductory language to
that effect. NRSF also had specific
recommendations, such as the inclusion
of a multi-media campaign and
expanded discussion of parental
responsibilities. The agency does not
agree with those recommendations and
believes States need flexibility to
construct their communication
programs.
VI. Program Evaluation and Data
DETA has suggested that NHTSA
include language encouraging States to
share data to determine whether the
driver education guidelines impact
traffic safety. The agency agrees with
this statement but believes the
Guideline already encourages
evaluation in this section.
C. Comments Regarding Guideline No.
5: Non-Commercial Driver Licensing
The agency received comments
related to Guideline No. 5 from AAA,
DETA, MRF, MSF, NRSF and one
individual. These comments are
addressed below.
I. Program Management
An individual raised issues related to
security within driver license agencies.
The agency has added language in the
program management section of the
Guideline in response to this comment.
II. Legislation, Regulation and Policy
As noted above, DETA commented (in
response to Guideline No. 4 Driver
Education) that the driver license skill
and knowledge tests are too brief and
inadequate to assess a driver’s readiness
to drive. The agency is working with
motor vehicle administrators to develop
a model driver testing program, and
anticipates that the model will provide
a better assessment of readiness to drive.
No changes will be made to the
Guideline at this time.
AAA suggested that the
recommendations for GDL be expanded
with specific passenger age and
nighttime driving restrictions. The
Guidelines are intended to provide
general guidance concerning GDL to
allow States maximum flexibility.
However, NHTSA provides more
extensive GDL recommendations to the
States in other publications.
MSF and MRF commented that GDL
requirements must recognize differences
between motorcycle operators and
drivers to the extent that the
requirements are prohibitive to
motorcycling (e.g., seat belt use,
supervised driving). The agency has
made changes in Guideline No. 4
(Driver Education) to reflect these
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comments; however, in the interest of
keeping GDL recommendations general
in nature to allow States flexibility, this
Guideline remains unchanged in
response to these comments.
NRSF also provided several
comments on this Guideline. It
proposed that license renewals include
skills assessments and examinations.
While the agency does not agree that the
Guideline should be overly prescriptive
in the renewal process, language has
been added that States should re-test, as
appropriate.
This commenter additionally
recommended that NHTSA research the
effectiveness of supervised driving. The
agency did not include this
recommendation in the Guideline,
however research efforts on this issue
are underway. NRSF further
recommended that supervising drivers
should demonstrate driving
qualifications and that States should
implement procedures to help novice
drivers and their guardians to identify
and procure the services of qualified
driving mentors. NHTSA will await the
results of current research before
offering guidance in this area. Strong
parental involvement in the driver
education and licensing of novice
drivers is a critical contributor to a safe
transition to driving. The agency
strongly supports active parental
involvement in assisting novice drivers
in the transition to driving under a GDL
program.
NRSF suggested that States provide
online and print manuals detailing the
requirements for supervised driving.
NRSF further commented that driver
education should be ‘‘integrated as a
phased in process of GDL.’’ The
Guideline remains unchanged in
response to these comments. NHTSA is
developing materials for use by State
licensing agencies and driver education
programs on supervised driving. The
commenter also recommended
including a ban on cell phones and
other personal electronic devices as part
of GDL restrictions. NHTSA has recently
incorporated a restriction on portable
electronic communication and
entertainment devices for drivers in the
permit and intermediate phases in its
GDL recommendations to the States.
This has been noted in Guidelines 4 and
5. Finally, the agency does not agree
with adding language on improvements
to driver education prior to extensive
evaluation of effectiveness.
III. Driver Fitness
AAA commented that experts suggest
driver testing should focus on the
functional limitations produced by a
medical condition, rather than on the
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medical condition itself. Accordingly,
AAA suggested the agency remove the
word ‘‘medical’’ from this section of the
Guideline and replace the phrase
‘‘mental or physical conditions’’ with
‘‘functional limitations.’’ Because there
remains evidence of increased risk
among drivers with some medical
conditions, NHTSA does not agree with
elimination of the ‘‘medical’’ modifier to
‘‘evaluation.’’ Because of this, the
Guideline retains the language as
proposed, but the agency will keep this
recommendation in mind as further
research becomes available.
NRSF commented that medical
evaluation systems should include: (1)
Guidelines for mental and physical
performance; (2) medical standards for
physician reference; (3) methodologies
for determining patient health risks; and
(4) methodologies for communicating
health and fitness standards to patients
and to DMVs. Specifically, NRSF
suggested that training for medical
professionals who work with the driving
population include these components.
NRSF also commented that State
guidelines should include periodic
driver skill retesting to maintain
operational and medical fitness for
drivers of all ages. The Guideline
remains unchanged in response to these
comments. There is insufficient
evidence at this time to suggest that
periodic driver skill retesting, i.e.,
behind-the-wheel testing, is an effective
strategy for identifying at-risk drivers.
Currently, the best available evidence
suggests that in-person renewal is the
most effective approach to identifying
at-risk drivers of all ages.
The Physician’s Guide to Assessing
and Counseling Older Drivers,
developed by NHTSA and the American
Medical Association, identifies red flags
and interventions. Beyond that,
assessment strategies are limited by the
predictive value that a given screening
tool might have. The Physician’s Guide
includes information on making
referrals to the DMV and on counseling
patients. It also includes information on
obtaining Continuing Medical
Education credits for use of the guide.
The agency believes that NRSF’s
comments are addressed in its ongoing
work. While on its face, periodic
retesting seems reasonable, currently
there is no evidence to suggest that such
a strategy would have any safety
benefits. The agency is conducting
research on the safety benefits of
different State licensing practices. Until
that research is completed, any changes
to the Guideline on this issue would be
premature.
In response to the proposed
Guideline’s provision that each State
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should have ‘‘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,’’
an individual recommended adding a
reference to prescription, over-thecounter, and illegal alcohol and drug
use. While there is value in considering
alcohol and drug use for licensing
purposes, the implementation of this
recommendation would not be practical
or feasible given the broad range of
medications, the durations that people
use them, and the different reactions
individuals have to medications.
Including alcohol use in the medical
section’s purview seems worthwhile,
given recognition that addiction to it is
a treatable disease. Language, therefore,
on this issue is included.
V. Driver Records, Data, and
Evaluation
NRSF advocated for driver
improvement action prior to when a
driver demonstrates problematic
behavior (i.e., drivers involved with a
high number of traffic crashes or
violations). The agency has made no
changes to the Guideline in response to
this comment, as the agency believes
that States should have the flexibility to
reassess drivers as States deem
appropriate and institute follow-up
measures accordingly. NHTSA is
undertaking a project to determine best
approaches to identifying and treating
problem drivers.
MSF suggested cross-referencing rider
education training data with operator
licensing records, particularly in States
conditioning licensing upon safety
training. The agency agrees with this
recommendation, and has
recommended that motorcycle rider
licensing and registration records be
linked in State licensing records.
D. Comments Regarding Guideline No. 7
Judicial and Court Services & Guideline
No. 12 Prosecutor Training
GHSA expressed concern regarding
the development of a resource
management plan that would include
specific components concerning the
allocation of funding, personnel, and
facilities. GHSA also stated that this is
not a feasible or appropriate role for a
SHSO. GHSA said that it would be more
appropriate for a national organization
of prosecutors or judges to develop a
model resource management tool for its
members.
These Guidelines were developed to
help the SHSOs effectively incorporate
the criminal justice system into their
traffic safety programs. The intent of
this section is to ensure that the impact
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of SHSO-generated traffic safety law
enforcement activities on the entire
criminal justice system is taken into
account when developing State plans.
The judicial and prosecutor
Guidelines are designed to help the
SHSOs develop a balanced overall
approach that fully engages all elements
of the criminal justice system. They are
intended to provide a basic
understanding of the criminal justice
system, as it relates to traffic safety, and
point out how decisions on funding
various law enforcement activities can
impact the overall effectiveness of the
enforcement, prosecutorial and judicial
outreach efforts. To help clarify that, the
Resource Management section of these
two Guidelines now indicates that the
SHSO should work with the relevant
State enforcement and adjudication
offices to ensure that adequate resources
are allocated throughout the criminal
justice system for SHSO-generated law
enforcement activities, while
acknowledging that this is not meant to
ask the SHSO to develop a resource plan
for another State agency.
E. Comments Regarding Guideline No.
10 Traffic Records
The agency addresses below
comments received from MRF, MSF,
and AAA regarding Guideline No. 10
Traffic Records.
I. Traffic Records System Information
Components
MSF and MRF expressed general
support for a Traffic Records System
(TRS). MRF added that motorcycle
records should be administered and
collected uniformly with ‘‘as little bias
as possible with regard to all safety
equipment.’’ The MSF recommended
adding another category to crash data
components to specifically document
the use of motorcycle helmets and
whether helmets used are DOTcompliant.
The MSF recommendation to
document the use of safety equipment,
specifically motorcycle helmets, is not
appropriate because the Guideline does
not address crash data components at
the data element level. Collecting
information on safety equipment for
motorcycles, including motorcycle
helmet use, is addressed in the revised
Model Minimum Uniform Crash Criteria
(MMUCC). The MMUCC is jointly
developed by States and Federal
agencies and is intended to improve
traffic safety both nationally and locally
by providing a recommended set of
uniform data elements for capturing
information about motor vehicle
crashes. The Third Edition MMUCC
Guideline was published in 2008.
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The proposed Guideline identified
particular elements crash data should
incorporate, including location
characteristics (e.g., roadway type or
specific intersections). Commenting that
crash data should be linked to roadway
data, AAA proposed that NHTSA
replace location characteristics with
‘‘Location’’ (linkable to Roadway Data
Component). The agency intended the
specific terms proposed in the ‘‘Crash
Data Component’’ section to identify
general variables and/or attributes that
one would expect to find in a crash
database for the characteristics of the
persons, locations, vehicles, etc.
involved in a crash. Accordingly, the
Guideline does not incorporate AAA’s
suggested change. The broader issue
that the commenter raised—the State’s
ability to link crash data with roadway
inventory data—is a cogent issue. The
benefit for a State to have data that
permits the integration of databases is
supported and addressed more fully in
Section IV, Data Integration.
The premise of linking the crash data
to a roadway inventory constitutes a
major safety effort for the Federal
Highway Administration (FHWA). The
FHWA is currently working to establish
the Model Minimum Inventory of
Roadway Elements (MMIRE). Once the
MMIRE is established, it will provide a
uniform inventory of roadway data
elements and attributes for locations
(e.g., intersections and roadway
segments). This linkage, which will rely
upon the precise location of crashes,
will permit an analysis on the
contribution of roadway factors to traffic
crashes.
AAA additionally commented that the
Guideline should reflect that project
inventory for the Roadway Data
Component should include initiation
and completion dates as well as
descriptions of projects and project
locations. While NHTSA concurs that
the commenter’s suggested practice for
documenting information regarding
projects is valuable and should be
followed by all agencies responsible for
roadway maintenance/improvement, the
agency believes that this level of detail
in the Guideline extends beyond the
intended scope and purpose of the
Guideline.
MRF and MSF commented that VMT
numbers are inaccurate with respect to
motorcycles. MSF also commented that
States should be required to report
motorcycle VMT. NHTSA collects data
on motor vehicle crashes, including
those involving motorcycles; however,
NHTSA does not collect data on VMT.
VMT data are collected and published
annually by FHWA as part of the
Highway Performance Monitoring
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System (HPMS). The DOT recognizes
the need for the best motorcycle travel
data possible to support calculation of a
more accurate and consistent
measurement of motorcycle travel. State
reporting of motorcycle VMT to the
FHWA was optional prior to this year.
Even for those States that reported
motorcycle VMT, it was often only
measured as a standard proportion of
total VMT rather than being collected
directly through surveys or roadside
counters. FHWA had to then estimate
VMT for States that did not report based
on data from States that did report.
Beginning in 2007, FHWA began
requiring States to collect and report
motorcycle VMT data. Initial data
became available in 2008. Also, the
Department is currently working with
the States to improve and address any
technical issues surrounding the
collection of motorcycle exposure data.
In October 2007, FHWA and NHTSA
held a symposium on motorcycle travel
to exchange State best practices in
motorcycle VMT collection, explore
new data sources and data collection
technologies, and develop a long-term
research and implementation roadmap.
II. Uses of a Traffic Records System
AAA expressed support for the
proposed Guideline’s language
regarding reasonable public access to
data and commented in favor of making
data files available to traffic safety
research organizations. NHTSA believes
traffic safety research organizations are
covered under the Guideline’s language
providing for data access for ‘‘the public
or general non-government user.’’
III. Traffic Records System
Management
MSF suggested cross-referencing rider
education training data with operator
licensing records, particularly in States
conditioning licensing upon safety
training. The agency has addressed this
recommendation in Guideline No. 5
Non-Commercial Driver Licensing.
F. Comments Regarding Guideline No.
17 Pupil Transportation
The State of Michigan Department of
State Police and NSTA submitted
comments on this Guideline. The State
of Michigan’s comments summarized
the State’s current laws relative to this
Guideline, noting that the State
currently has no pending legislation to
conform to several provisions in the
proposed Guideline. This Guideline
remains unchanged in response to the
State of Michigan’s submission. NSTA
conveyed overall support for the
Guideline, particularly its language
regarding prohibiting the operation of
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nonconforming school transportation
vehicles. NSTA’s remaining comments
are addressed below.
safety education for children and youth
designed to engender knowledge of safe
driving practices.
I. Operations
I. Program Management
Each State should have centralized
program planning, implementation, and
coordination to deliver comprehensive
and uniform driver education that
applies to both public and private
programs. Evaluation should be used to
revise existing programs, develop new
programs, and determine progress and
success. The State Highway Safety
Office (SHSO) in collaboration and in
cooperation with other State agencies
involved in driver education, such as
Transportation Departments, Motor
Vehicle Departments, Licensing
Departments, and Education
Departments, should:
• Provide leadership, training, and
technical assistance to public and
private providers of driver education to
ensure consistency and quality;
• Resources permitting, work with
other relevant State agencies to identify
staff resources to provide full-time
oversight over driver education
programs delivered within the State;
and
• Evaluate the effectiveness of the
State’s driver education program.
NSTA commented that with respect to
driver physical qualifications, school
bus inspections and maintenance and
driver daily vehicle inspection reports,
the Guideline differentiates between
operations subject to the Federal Motor
Carrier Safety Regulations (FMCSRs)
and those that are not. NSTA suggested
that NHTSA apply the relevant
provisions of the FMCSRs for all school
bus operations. NHTSA agrees with the
comment and modified this section
accordingly as follows:
Under the Personnel heading, the
Guideline removes the phrase ‘‘if the
driver or the driver’s employer is subject
to those regulations’’ from the physical
qualification standards statement.
Regarding school bus inspections,
under the Vehicle Maintenance heading,
the Guideline removes the references to
FMCSR. The language now reads,
‘‘[r]egularly scheduled vehicle
inspections should be conducted as
specified in accordance with FMCSA
regulations contained in 49 CFR Part
396.3’’ and ‘‘[s]chool bus drivers should
perform daily inspections of their
vehicles, including all safety equipment
and submit a report of their findings
daily as specified in 49 CFR 396.’’
The guidelines published today also
will appear on NHTSA’s Web site in the
Highway Safety Grant Management
Manual in the near future. Guideline
Nos. 4, 5, 7, 10, 12, and 17 are set forth
below. The remaining guidelines are not
addressed by today’s action and remain
unchanged.
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. Resources permitting,
schools should also include traffic
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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:
• 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, portable
electronic communication and
entertainment devices restrictions, and
required seat belt use);
• Ensure that the GDL restrictions
and sanctions for GDL licensure are
adapted for and applicable to
motorcycle operators, and enforceable
for motorcycle operators;
• Develop driver education standards
and guidelines to which all driver
education programs, whether public or
private, 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:
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• Visible and well-publicized law
enforcement of the components of GDL
and zero tolerance laws;
• Licensing sanctions for violations of
these provisions;
• Evaluation of enforcement efforts to
determine effectiveness;
• State agency oversight of driver
education programs to ensure delivery
of approved State curriculum; and
• Administrative or financial
penalties for programs in
noncompliance.
IV. Driver Education and Training
Program
A driver education program should be
available to novice drivers and all
youths of licensing age and include the
following criteria:
• The program is taught by
instructors, public or private, certified
by the State as qualified for these
purposes; examples of such standards
might include: minimum levels of
education and continuing education,
not being convicted of any felony or
certain misdemeanor crimes, holding a
valid driver license, and setting limits
on numbers and types of driving
violations.
• All vehicles used in public or
commercial Behind the Wheel training
have appropriate safety inspections and
are equipped with, at a minimum, a
safety brake accessible by the driver side
passenger, a first aid kit, a fire
extinguisher, an instructor rear view
mirror and an eye check mirror for the
instructor.
• It provides each student with
practice driving and/or instruction in at
least the following:
Æ Basic driving techniques, including
starting, stopping, turning, and basic
interaction in controlled environments
in light and moderate traffic;
Æ Additional driving techniques,
including balanced vehicle movement
through steering, braking, and
accelerating in a precise and timely
manner;
Æ Cognitive aspects of driving,
including gap management, recognizing
blockage and hazards, responding early
and appropriately to hazards and
potential hazards, signaling techniques,
methods for speed management and
effective visual searching, and decisionmaking and habit-development
strategies;
Æ Risk prevention techniques such as
skid prevention;
Æ Rules of the road and other State
laws and local motor vehicle laws and
ordinances;
Æ Attitudinal awareness training that
includes how attitudes can have an
impact on driving behavior;
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Æ Peer pressure training including
how vehicle operators and passengers
can say no in unsafe peer-pressure
situations and how to utilize leadership
skills in managing the driver and the
passengers in a vehicle;
Æ Vehicle technology and the benefit
of braking, traction, intelligent handling,
and stability systems;
Æ Critical vehicle systems and subsystems requiring preventive
maintenance;
Æ Vehicle and highway features
(including different vehicle and
roadway conditions) that:
› Aid the driver in avoiding crashes;
› Protect the driver and passengers
in crashes; and
› Maximize the care of the injured.
Æ Signs, signals, and highway
markings and highway design features
that require understanding for safe
operation of motor vehicles;
Æ Differences in characteristics of
urban and rural driving including safe
use of modern expressways;
Æ 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
Æ Sharing the roadway with other
users, especially pedestrians, bicycles,
scooters, and motorcycles, who are more
physically vulnerable to injury or death
in the event of a crash. This should
include techniques to increase
awareness of motorcycles and other
road users.
Each State should also ensure:
• That research and development
programs include adequate research,
development, and procurement of
practice driving facilities, simulators,
online teaching resources, and other
similar teaching aids for both school
and other driver training use;
• There is a program that engages
parents and/or guardians in the driver
education and GDL programs;
• There is a program for adult driver
training and retraining; and
• Commercial driving schools are
licensed and instructors are certified in
accordance with applicable State laws,
regulations or other criteria.
V. Communication Program
States should develop and implement
communication strategies directed at
supporting policy and program
elements. The SHSO, in collaboration
and cooperation with driver education
and training and highway safety
partners, should consider a statewide
communications plan and campaign
that:
• Informs the public, especially
parents, about State GDL laws;
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14849
• Identifies audiences at particular
risk and develops appropriate messages;
• Provides culturally competent
materials;
• Informs parents/guardians and
young drivers 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, in collaboration and
cooperation with the State agencies
responsible for driver education and
training, 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
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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;
• Provide driver licenses that clearly
indicate if the driver is under 21 years
of age; and
• Ensure that license issuing offices
maintain industry standards for security
to prevent license issuance to ineligible
applicants.
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;
• Submits acceptable proof of identity
in applying for an original, renewal, or
re-application of a driver’s license;
• Passes an examination
demonstrating:
Æ Ability to operate the class(es) of
vehicles(s) for which he or she is
licensed;
Æ Ability to read and comprehend
traffic signs and symbols;
Æ 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 a vehicle, and other
driver responsibilities; and
Æ Visual acuity, which must meet or
exceed State guidelines; and
• Renews the license, in-person,
periodically with skill testing and
medical examinations, as appropriate.
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:
Æ First, the young, novice driver
receives a learner’s permit that:
• Starts no younger than 16 years of
age;
• Requires completion of a minimum
of 6 months driving without an at-fault
crash or traffic violation;
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• Requires supervised driving at all
times in which the supervising licensed
driver is age 21 or older; and
• Prohibits the use of portable
electronic communication or
entertainment devices while driving.
Æ 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;
• Imposes nighttime driving
restrictions;
• Imposes teenage passenger
restrictions;
• Prohibits the use of portable
electronic communication or
entertainment devices while driving;
and
• Mandates adherence to State seat
belt use requirements.
Æ The third and final stage is full
licensure with:
• Passenger, nighttime and portable
electronic devices restrictions until age
18; and
• Maximum blood alcohol limits of
.02 until age 21.
Æ 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 people who the driver
licensing agency has reason to believe
have mental or physical conditions that
might impair their driving abilities;
• 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, including alcohol use
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
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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.
(See Highway Safety Program Guideline
No. 10—Traffic Records.) 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;
• Real-time availability of data 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
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renewal each driver’s record should be
checked.
Motorcycle registration and licensing
records should be linked to ensure that
riders are properly licensed and trained.
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.
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 injuries. 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
VI. Communication Program
achieving and sustaining State traffic
States should develop and implement enforcement and adjudication functions.
The State Highway Safety Office
communication strategies directed at
(SHSO), in conjunction with State and
supporting policy and program
local court administrators, chief judges,
elements. In collaboration with motor
and judicial educators should ensure
vehicle and other State agencies, the
that State traffic safety judicial
SHSO should consider a statewide
education programs are well planned
communications plan and campaign
and coordinated. State SHSOs should
that:
provide leadership, training and
• Informs the public about State
technical assistance to:
licensing requirements;
• Implement and integrate regular
• Identifies audiences at particular
risk and develops appropriate messages; traffic law and safety-related judicial
education in judicial education
• Provides information about driver
programs for all judges;
fitness requirements and mental or
• Generate broad-based support for
physical conditions that might impair
traffic safety programs by informing all
driving abilities;
stakeholders, including court
• Informs motorcycle registrants of
administrators and the judges they
the need to obtain an appropriate
serve, of comprehensive highway safety
motorcycle endorsement or license;
plans for traffic enforcement;
• Provides culturally competent
• Coordinate traffic safety programs
materials;
• Informs parents/guardians about the to include Commercial Motor Vehicle
(CMV) safety activities such as the
role of supervised driving and the
Motor Carrier Safety Assistance
State’s GDL law; and
Program;
• Informs novice drivers about
• Promote the dissemination of
underage drinking and zero tolerance
NHTSA-supported judicial traffic safety
laws (in effect in all 50 States and the
District of Columbia), such as including and education courses through
coordination with State judicial
information in manuals for new drivers
and including a question about the topic educators and nationally based
on the written test for a learner’s permit. institutions such as the National Center
for State Courts, National Council of
Highway Safety Program Guideline No.
Juvenile and Family Court Judges, and
7
the National Judicial College; and
• Support the development and
Judicial and Court Services
ethical implementation of judicial
Each State, in cooperation with its
education programs for State, local,
political subdivisions and tribal
administrative, and tribal courts that
governments, should develop and
will accomplish the following
implement a comprehensive, culturally
objectives:
competent highway safety program,
• Utilize enabling legislation and
reflective of State demographics, to
regulations to provide the public with
achieve a significant reduction in traffic effective and efficient court services;
crashes, fatalities, and injuries on public
• Provide the impetus for judges to be
roads. Each State should have a
thoroughly educated on all facets of
comprehensive judicial services
motor vehicle law;
• Develop cooperative relationships
program as part of its overall highway
with other government branches,
safety program. Such judicial services
agencies, and entities, as well as
programs should support courts in the
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14851
community organizations and traffic
safety stakeholders; and
• 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 plans that identify the
resources necessary to effectively
provide efficient traffic law-related
services throughout the criminal justice
system. The plans should include
specific components concerning the
allocation of funding, personnel, and
facilities and:
• Periodic assessment of traffic lawrelated service demands and the
resources needed to serve the needs of
the public;
• Development of traffic law-related
court service 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
the areas 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
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that are available through the National
Center for State Courts.
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;
• 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, 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:
» Provide records 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 that are
accessible by other State and local
governmental entities, agencies, and
courts;
» Provide for the evidentiary
integrity of information so as to insure
its admissibility in subsequent court
and administrative hearing proceedings;
and
» Work with court administrators to
use the traffic court functional standards
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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 decisionmaking 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 timeconsuming 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 support the analysis of
crashes within specific categories
defined by:
• Person characteristics (e.g., age or
gender);
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• 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:
• Pavement
• Bridges
• Intersections
• Roadside appurtenances
• Traffic control devices
• Guard rails
• Barriers
Traffic
• VMT (vehicle miles traveled)
• Travel by vehicle type
Other
• GIS (Geographic Information
System)
• LRS (Location Reference System)
• 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.’’
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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 vehiclerelated 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.
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
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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 motorvehicle-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
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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., the Model Minimum
Uniform Crash Criteria, the National
EMS Information System) and data
should be collected on uniform forms
that are prescribed by the State for use
by all jurisdictions. The ANSI D16.1–
2007 is the standard for statistical
classification of motor vehicle traffic
crashes and is the primary reference for
classifying motor vehicle crashes. This
standard promotes consistency of motor
vehicle traffic accident statistics. To
view the standard, go to: https://
www.atsip.org/index.php?/atsip/d-16.
• 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;
• 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
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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:
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
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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-todate.
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 the Fatality
Analysis Reporting System (FARS),
Motor Carrier Management Information
System (MCMIS/safetynet), the Highway
Performance Monitoring System
(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
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
program that supports prosecutors in
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the prosecution of traffic-related cases.
Prosecutorial training programs should
be consistent with ethical and
professional requirements in addition to
addressing training and technical
assistance needs. These programs
should encourage prosecutors to make
the prosecution of traffic-related cases a
high priority. This guideline describes
the key components that a State
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 broadbased 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 encourage
prosecutors to develop plans that
identify those resources necessary to
provide efficient traffic law-related
services that include:
• Periodic assessment of traffic lawrelated 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,
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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 highquality 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 the 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
objectives. Using 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
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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 managers,
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
administration; the identification,
operation, and maintenance of buses
used for carrying students; and the
training of passengers, pedestrians, and
bicycle riders. 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 schoolrelated 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
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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; and
• Have a system of mirrors that
conforms to the school bus requirements
of FMVSS No. 111, 49 CFR 571.111.
• 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
Æ Each State should develop a plan
for selecting, training, and supervising
people 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;
Æ Every person who drives a school
bus or school-chartered bus occupied by
school children should, at a minimum:
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• 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;
• 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
• Meet the physical qualification
standards for drivers under the FMCSR
of the FMCSA, 49 CFR Part 391.
• Vehicles
Æ 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.
Æ 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 (Pub.
L. 109–59), prohibiting the purchase by
schools and school systems of new nonconforming 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.
Æ 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
such hazards should include, but not be
limited to:
• Planning safe routes and annually
reviewing routes for safety hazards;
• Planning routes to ensure the most
effective use of school buses and schoolchartered buses to ensure that
passengers are not standing while these
vehicles are in operation;
• Providing loading and unloading
zones off the main traveled part of
highways, whenever it is practical to do
so;
• Establishing restricted loading and
unloading areas for school buses and
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school-chartered buses at or near
schools;
• 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;
• 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
• Prohibiting public or private
schools from purchasing school buses
built prior to April 1, 1977 for school
transportation or school-related events.
Æ 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.
Æ 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
Æ 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.
Æ There should be no auxiliary
seating accommodations such as
temporary or folding jump seats in
school buses.
Æ 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.
Æ Drivers of school buses and schoolchartered buses should be required to
wear occupant restraints whenever the
vehicle is in motion.
Æ 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
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FMVSS Nos. 208, 209 and 210, as they
apply to multipurpose vehicles.
Æ When transporting preschool age
children in a school bus;
• Each child should be properly
secured in a Child Safety Restraint
System, suitable for the child’s weight
and age, that meets applicable FMVSSs;
and
• The Child Safety Restraint System
should be properly secured to the
school bus seat, using anchorages that
meet FMVSSs.
• Emergency exit access
Æ 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.
Æ 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:
Æ School buses should be maintained
in safe operating condition through a
systematic preventive maintenance
program;
Æ Regularly scheduled vehicle
inspections should be conducted as
specified in accordance with FMCSA
regulations contained in 49 CFR Part
396.3; and
Æ School bus drivers should perform
daily inspections of their vehicles,
including all safety equipment and
submit a report of their findings daily as
specified in 49 CFR 396.11.
III. Other Elements of Pupil
Transportation Safety
• At least once during each school
semester, each pupil transported from
home to school in a school bus should
be instructed in safe riding practices,
proper loading and unloading
techniques, proper street crossing to and
from school bus stops and should
participate in supervised and timed
emergency evacuation drills. Prior to
each departure, each pupil transported
on an activity or field trip in a school
bus or school-chartered bus should be
instructed in safe riding practices and
the location and operation of emergency
exits.
• Parents and school officials should
work together to identify and select safe
pedestrian and bicycle routes for the use
of school children. (See Guideline No.
14.)
• All school children should be
instructed in safe transportation
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Federal Register / Vol. 74, No. 61 / Wednesday, April 1, 2009 / Notices
practices for walking to and from
school. For those children who
routinely walk to school, training
should include pre-selected routes and
the importance of adhering to those
routes.
• Children riding bicycles to and
from school should receive bicycle
safety education, be required to wear
bicycle safety helmets, and not deviate
from pre-selected routes.
• Local school officials and law
enforcement personnel should work
together to establish crossing guard
programs.
• Local school officials should
investigate programs that incorporate
the practice of escorting students across
streets and highways when they leave
school buses. These programs may
include the use of school safety patrols
or adult monitors.
• Local school officials should
establish passenger vehicle loading and
unloading points at schools that are
separate from the school bus loading
zones.
• Before chartering any vehicle or
motor coach for school activity
purposes, schools should check the
safety record of charter bus companies
through the FMCSA Safety and Fitness
Electronic Records System. Schools
should also consider using a multifunction school activity bus in place of
charter buses where feasible. A multifunction school activity bus is not
required to be equipped with traffic
control devices (i.e., flashing lights and
stop arm). These buses are not intended
for the roadside picking up and
dropping off of children during service
between home and school. They are
intended for use by schools and other
institutions that need transportation
services for school activity trips or for
other coordinated transportation
activities.
IV. Program Evaluation
The pupil transportation safety
program should be evaluated at least
annually by the State agency having
primary administrative responsibility
for pupil transportation.
V. Definitions
• A ‘‘bus’’ is a motor vehicle designed
for carrying more than 10 persons
(including the driver).
• A ‘‘school bus’’ is a ‘‘bus’’ that is
used for purposes that include carrying
students to and from school or related
events on a regular basis, but does not
include a transit bus or a schoolchartered bus.
• A ‘‘school-chartered bus’’ is a bus
that is operated under a short-term
contract with State or school authorities
VerDate Nov<24>2008
17:46 Mar 31, 2009
Jkt 217001
who have acquired the exclusive use of
the vehicle at a fixed charge to provide
transportation for a group of students to
a special school-related event.
• A ‘‘multi-function school activity
bus’’ is a school bus whose purposes do
not include transporting student to and
from home or school bus stops.
• ‘‘Federal Motor Carrier Safety
Regulations (FMCSR)’’ are the
regulations of the Federal Motor Carrier
Safety Administration (FMCSA) for
commercial motor vehicles in interstate
commerce, including buses with a gross
vehicle weight rating (GVWR) or gross
vehicle weight greater than 10,000
pounds; designed or used to transport
more than 8 passengers (including the
driver) for compensation; or designed or
used to transport more than 15
passengers (including the driver), and
not used to transport passengers for
compensation. (The FMCSR are set forth
in 49 CFR Parts 390–399.)
• A ‘‘child safety restraint system’’ is
any device (except a passenger system
lap seat belt or lap/shoulder seat belt),
designed for use in a motor vehicle to
restrain, seat, or position a child who
weighs less than 65 pounds.
Ronald L. Medford,
Acting Deputy Administrator.
[FR Doc. E9–7241 Filed 3–31–09; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2009–0059]
Notice of Intent To Prepare an
Environmental Impact Statement for
New Corporate Average Fuel Economy
Standards
AGENCY: National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of intent; request for
scoping comments.
SUMMARY: Pursuant to the National
Environmental Policy Act (NEPA),
NHTSA plans to prepare an
Environmental Impact Statement (EIS)
to analyze the potential environmental
impacts of the agency’s Corporate
Average Fuel Economy program for
passenger automobiles (referred to
herein as ‘‘passenger cars’’) and
nonpassenger automobiles (referred to
herein as ‘‘light trucks’’). The EIS will
consider the potential environmental
impacts of new fuel economy standards
for model year 2012–2016 passenger
cars and light trucks that NHTSA will
PO 00000
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14857
be proposing pursuant to the Energy
Independence and Security Act of 2007.
This notice initiates the NEPA
scoping process by inviting comments
from Federal, State, and local agencies,
Indian Tribes, and the public to help
identify the environmental issues and
reasonable alternatives to be examined
in the EIS. This notice also provides
guidance for participating in the scoping
process and additional information
about the alternatives NHTSA expects to
consider in its NEPA analysis.
DATES: The scoping process will
culminate in the preparation and
issuance of a Draft EIS, which will be
made available for public comment. To
ensure that NHTSA has an opportunity
to fully consider scoping comments and
to facilitate NHTSA’s prompt
preparation of the Draft EIS, scoping
comments should be received on or
before May 1, 2009. NHTSA will try to
consider comments received after that
date to the extent the rulemaking
schedule allows.
ADDRESSES: You may submit comments
to the docket number identified in the
heading of this document by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Mail: Docket Management Facility,
M–30, U.S. Department of
Transportation, West Building, Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590.
• Hand Delivery or Courier: U.S.
Department of Transportation, West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m. Eastern time, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Regardless of how you submit your
comments, you should mention the
docket number of this document.
You may call the Docket at 202–366–
9324.
Note that all comments received,
including any personal information
provided, will be posted without change
to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
technical issues, contact Carol HammelSmith, Fuel Economy Division, Office of
International Vehicle, Fuel Economy
and Consumer Standards, National
Highway Traffic Safety Administration,
1200 New Jersey Avenue, SE.,
Washington, DC 20590. Telephone:
202–366–5206. For legal issues, contact
Jessica Wilson, Legislation & General
Law Division, Office of the Chief
Counsel, National Highway Traffic
E:\FR\FM\01APN1.SGM
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Agencies
[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14843-14857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7241]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2008-0178]
Amendments to Highway Safety Program Guidelines
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Revisions to highway safety program guidelines.
-----------------------------------------------------------------------
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.
This notice revises five of the existing guidelines and adds a new
one to reflect program methodologies and approaches that have proven to
be successful and are based on sound science and program
administration. The revised guidelines are Guideline No. 4 Driver
Education; Guideline No. 5 Non-Commercial Driver Licensing; Guideline
No. 7 Judicial and Court Services; Guideline No. 10 Traffic Records;
and Guideline No. 17 Pupil Transportation. The new guideline is
Guideline No. 12 Prosecutor Training.
DATES: The revised guidelines become effective as of the date of
publication of this document in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Susan Kirinich, Research and Program
Development, NTI-100, National Highway Traffic Safety Administration,
1200 New Jersey Avenue SE., Washington, DC 20590; Telephone: 202-366-
1755; Fax: 202-366-7721.
SUPPLEMENTARY INFORMATION:
I. 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
revised guidelines reflects the best available science and the real-
world experience of NHTSA and the States in developing and managing
traffic safety program content. Specifically, NHTSA will update 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 grant funds as well as safety activities funded from other
sources. 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.
[[Page 14844]]
The revised and new guidelines emphasize areas of nationwide
concern and highlight effective countermeasures. As each guideline is
updated or created, it will include a date representing the date of its
revision or development.
All the highway safety guidelines are available on the NHTSA Web
site at https://www.nhtsa.dot.gov/nhtsa/whatsup/tea21/tea21programs/.
In a Notice published in the Federal Register on February 6, 2007
(72 FR 5495), the agency requested comments on the proposed revisions
and additions to the guidelines. The guidelines the agency proposed to
revise were Guideline No. 4 Driver Education; Guideline No. 5 Non-
Commercial Driver Licensing; Guideline No. 7 Judicial and Court
Services; Guideline No. 10 Traffic Records; Guideline No. 17 Pupil
Transportation; and Guideline No. 21 Roadway Safety. The new guideline
is Guideline No. 12 Prosecutor Training. This new Guideline was
developed because NHTSA has found educating prosecutors and judges to
be an important part of broader efforts to enforce and prosecute
traffic safety laws at the State and local levels. Guideline No. 21
Roadway Safety is still under review, and will be addressed in a
subsequent publication. Overall, these revisions and additions will
provide up-to-date and current guidance to States.
II. Comments
The agency received comments in response to the notice from several
organizations or associations: the American Automobile Association
(AAA), the Driver Education and Training Administrators (DETA), the
Governors Highway Safety Association (GHSA), the Motorcycle Riders
Foundation (MRF), the Motorcycle Safety Foundation (MSF), the National
Road Safety Foundation (NRSF), the National School Transportation
Association (NSTA), the National Association of Students Against
Violence Everywhere (SAVE), one State agency (the State of Michigan
Department of State Police); and four individuals.
GHSA submitted general comments on the guidelines. The majority of
guideline-specific comments received focused on Guidelines No. 4 Driver
Education and No. 5 Non-Commercial Driver Licensing. The agency also
received two comments related to Guideline No. 17 Pupil Transportation.
A. Comments in General
SAVE generally supported the guidelines, stating that the
guidelines further encourage States to protect students. MRF and MSF
expressed general support for the proposed additions of motorcycle-
specific safety references.
GHSA provided several general comments on the guidelines and
commented on NHTSA's characterization that the guidelines offer
direction to States in formulating their highway safety plans for
efforts supported with Section 402 and other funds. GHSA also asserted
that the 402 program is a behavioral program rather than a
comprehensive highway safety program. GHSA further commented that a
State's annual Highway Safety Plan is not comprehensive and does not
replace strategic highway safety plan requirements under the Highway
Safety Improvement Program (HSIP) of Section 148 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU), Public Law 109-59.
The HSIP directs State transportation departments to establish and
implement a State strategic highway safety plan in their State. To
receive funds for the program, States must have a process in place to
analyze highway safety problems and opportunities and to produce
strategies to mitigate identified safety problems. The development and
implementation of a strategic highway safety plan within each State
requires that the transportation department conduct extensive
consultation with other organizations within the State and adopt
strategic and performance-based goals that are coordinated with other
State highway safety programs. In and of itself this does not require
changes in existing planning processes, plans, or programs of other
State highway safety agencies; and updating and revising the Highway
Safety Guidelines is not considered to be in conflict with the HSIP
requirements.
Consistent with Congressional direction, NHTSA has issued the
guidelines to provide broad guidance to the States on best practices in
each program area. Research has shown that the most effective traffic
safety countermeasures involve a comprehensive approach that utilizes
education, enforcement, engineering and emergency medical services (the
``4 E's''). This comprehensive approach is cross-cutting by nature and
requires voluntary coordination between various State and local
agencies. A State Highway Safety Office (SHSO) cannot require or
mandate other State or local agencies to participate in this type of
cross-cutting program. That does not mean, however, that the overall
program approach should avoid those areas that are the primary
responsibility of other governmental agencies. A SHSO should seek to
work cooperatively with other State and local agencies to implement the
guidelines and in development and implementation of the strategic
highway safety plan required under Section 148 of SAFETEA-LU. These
guidelines are not meant to supersede that process, but rather to
complement it.
Citing specific examples in three proposed guidelines (Guideline
No. 4 Driver Education; Guideline No. 5 Non-Commercial Driver
Licensing; and Guideline No. 7 Judicial and Court Services), GHSA also
asserted that ``the guidelines recommend that SHSOs play a role that is
beyond their authority or control or that may be unacceptable
politically.'' NHTSA does not expect a SHSO to go beyond its State
mandate to fulfill the guidelines. It can, however, encourage and
support the efforts by other State agencies by providing leadership,
technical guidance, or training in these areas, where appropriate.
GHSA also voiced concerns regarding the use of the guidelines.
Specifically, GHSA asked whether NHTSA would hold a SHSO responsible
for implementing the specific countermeasures in the guidelines,
connecting them to assessments and management reviews. The purpose of
each highway safety guideline is to provide States a description of a
successful comprehensive highway safety program addressing a given
safety issue. The agency does not intend the guidelines to be limited
to activities required by Section 402, but rather to serve as a
blueprint for States in developing and administering their own highway
safety programs. Given the unique and changing circumstances in each
State, certain guidelines and parts of guidelines may have a greater or
lesser impact on the safety plans of different States. NHTSA Regional
Offices can provide guidance to States to help determine how to use the
guidelines most effectively based on individual State needs.
GHSA asked that NHTSA remove from the guidelines references to
SHSOs. NHTSA believes that SHSOs have an important leadership role in
developing comprehensive traffic safety programs that effectively
reduce traffic fatalities. The highway safety guidelines are intended
to provide direction to help SHSOs achieve that goal. As such, the
guidelines remain unchanged in response to GHSA's comments outlined
above.
B. Comments Regarding Guideline No. 4: Driver Education
The agency received comments related to Guideline No. 4 from AAA,
[[Page 14845]]
DETA, GHSA, MRF, MSF, NRSF, and three individuals. The comments are
addressed below under the corresponding Guideline section.
I. Program Management
DETA, AAA, and NRSF provided similar comments regarding the Program
Management section of the Driver Education Guideline. In particular,
DETA suggested that the Guideline should apply to public and private
providers of driver education, that there should be collaboration and
coordination with other State agencies in addition to the highway
safety office, and the inclusion of a full-time State employee to
provide leadership for driver education. The agency agrees with these
suggestions and recommends that, to the extent feasible, States devote
a full-time position for coordination and oversight of its driver
education program.
AAA and NRSF stressed the importance of evaluating driver education
programs and suggested the use of their materials to achieve this. The
agency agrees that this kind of evaluation is important. However, the
Guideline allows States to identify their own tools to help them
accomplish this goal. NRSF also suggested periodic assessment of
drivers. NHTSA believes that the expense of encouraging States to set
up such a system would be prohibitive, particularly in light of unknown
benefits. The Guideline remains unchanged in response to this comment.
DETA and NRSF stressed the importance of educating younger children
about traffic safety. The agency agrees with this comment, and has
added language recommending that States consider driver and highway
safety education for younger students.
NRSF recommended that each State provide financial incentives to
schools to teach driver education. The agency believes that this is
solely within the discretion of each State, and, thus, has not included
language to this effect in the Guideline.
II. Legislation, Regulation, and Policy
The MSF suggested that language regarding graduated driver
licensing (GDL) restrictions may be more appropriate for Highway Safety
Guideline No. 5. The agency retained the language in Guideline No. 4,
but also added it to Guideline No. 5.
The MRF asked for a ``common sense approach'' in adapting GDL
guidelines to motorcycles. NHTSA agrees and has added the language to
this Guideline where GDL pertains to motorcycles. In response to this
Guideline and Guideline No. 5, MRF indicated it would oppose the
Guideline separating motorcycle licenses into categories. The agency
notes that neither Guideline suggests such separation.
III. Enforcement Program
An individual commented that GDL is not enforced by the police. The
agency agrees that challenges exist for GDL enforcement due to the
inherent difficulties of identifying drivers covered by GDL
restrictions. The agency has included in the existing language the need
for visible and well-publicized enforcement of the components of the
GDL and zero tolerance laws. AAA recommended evaluation of enforcement
efforts. The agency agrees and believes this is part of an overall
evaluation program that is currently incorporated within the Guideline.
However, the agency added additional language to this section of the
Guideline to further emphasize evaluation of enforcement efforts.
IV. Driver Education and Training Program
DETA suggested that NHTSA incorporate a section in this Guideline
pertaining to continuing education for driver education instructors.
DETA and AAA commented in support of inclusion of standards for driver
education instructors, and indicated that this Guideline should apply
to both public and commercial schools. DETA and AAA emphasized that
coordination among all State agencies, not just the State Highway
Safety Office, dealing with driver education is necessary. The agency
agrees with these comments and that coordination among State agencies
responsible for driver education is beneficial and has incorporated
these suggestions into the Guideline.
DETA also suggested the inclusion of parent involvement in GDL. The
agency agrees and has incorporated language in the Guideline regarding
parental involvement.
AAA and NRSF recommended including a more comprehensive ``post
novice'' or ``adult retraining'' within the Guideline. While NHTSA
agrees that this additional training may be beneficial, States can opt
to promote refresher training for older drivers through private sources
or through a State agency. The Guideline remains unchanged in response
to these comments.
AAA supports coordinating driver education with GDL. The agency
agrees but believes the Guideline already addresses this concern.
One individual suggested alternate language for major parts of the
elements of a training program. Some of these coincided with DETA
recommendations. The Guideline incorporates two specific suggestions
pertaining to requiring training in balanced vehicle movements (through
steering, braking, accelerating, etc.) and training in new vehicle
technology.
DETA recommended that training vehicles include certain safety
equipment and that driver education programs include cognitive skills.
The agency agrees and has incorporated this information into the
Guideline.
DETA proposed the inclusion of ``risk prevention'' techniques
within the Guideline's discussion about advanced driving techniques.
Both AAA and an individual suggested that advanced driving techniques
lack research on safety benefits and may be inappropriate for the
novice driver. The agency agrees with these comments and has deleted
the advanced driving techniques section, replacing it with risk
prevention, as suggested by DETA. A recommendation by DETA to
incorporate attitudinal awareness training and peer pressure education
into the Guideline was also accepted.
DETA commented that driver licensing agencies should require and
review parent driving logs detailing supervised driving. Because this
would involve significant resources at DMVs and uncertain benefits, the
Guideline remains unchanged in response to this comment.
The MSF expressed support for this Guideline's inclusion of
``sharing the roadway'' language but recommended that the Guideline
also include scooters. Additionally, the MSF and MRF commented that
driver education courses should include a motorcycle awareness
component. The agency agrees with both comments and has incorporated
these suggestions in the Guideline.
V. Communication Program
An individual commented that drivers from other countries acquire
licenses too easily and need a longer education process addressing
language and cultural needs. The agency notes that within the
Communication Program segment of this Guideline there is existing
language to identify audiences at particular risk and provide
culturally competent materials. However, the agency does not agree that
there should be a requirement for extended driver education for drivers
from other countries.
DETA and the NRSF recommended the inclusion of language regarding
education for children and youth that will engender knowledge of safe
driving
[[Page 14846]]
practices. The agency agrees and has incorporated introductory language
to that effect. NRSF also had specific recommendations, such as the
inclusion of a multi-media campaign and expanded discussion of parental
responsibilities. The agency does not agree with those recommendations
and believes States need flexibility to construct their communication
programs.
VI. Program Evaluation and Data
DETA has suggested that NHTSA include language encouraging States
to share data to determine whether the driver education guidelines
impact traffic safety. The agency agrees with this statement but
believes the Guideline already encourages evaluation in this section.
C. Comments Regarding Guideline No. 5: Non-Commercial Driver Licensing
The agency received comments related to Guideline No. 5 from AAA,
DETA, MRF, MSF, NRSF and one individual. These comments are addressed
below.
I. Program Management
An individual raised issues related to security within driver
license agencies. The agency has added language in the program
management section of the Guideline in response to this comment.
II. Legislation, Regulation and Policy
As noted above, DETA commented (in response to Guideline No. 4
Driver Education) that the driver license skill and knowledge tests are
too brief and inadequate to assess a driver's readiness to drive. The
agency is working with motor vehicle administrators to develop a model
driver testing program, and anticipates that the model will provide a
better assessment of readiness to drive. No changes will be made to the
Guideline at this time.
AAA suggested that the recommendations for GDL be expanded with
specific passenger age and nighttime driving restrictions. The
Guidelines are intended to provide general guidance concerning GDL to
allow States maximum flexibility. However, NHTSA provides more
extensive GDL recommendations to the States in other publications.
MSF and MRF commented that GDL requirements must recognize
differences between motorcycle operators and drivers to the extent that
the requirements are prohibitive to motorcycling (e.g., seat belt use,
supervised driving). The agency has made changes in Guideline No. 4
(Driver Education) to reflect these comments; however, in the interest
of keeping GDL recommendations general in nature to allow States
flexibility, this Guideline remains unchanged in response to these
comments.
NRSF also provided several comments on this Guideline. It proposed
that license renewals include skills assessments and examinations.
While the agency does not agree that the Guideline should be overly
prescriptive in the renewal process, language has been added that
States should re-test, as appropriate.
This commenter additionally recommended that NHTSA research the
effectiveness of supervised driving. The agency did not include this
recommendation in the Guideline, however research efforts on this issue
are underway. NRSF further recommended that supervising drivers should
demonstrate driving qualifications and that States should implement
procedures to help novice drivers and their guardians to identify and
procure the services of qualified driving mentors. NHTSA will await the
results of current research before offering guidance in this area.
Strong parental involvement in the driver education and licensing of
novice drivers is a critical contributor to a safe transition to
driving. The agency strongly supports active parental involvement in
assisting novice drivers in the transition to driving under a GDL
program.
NRSF suggested that States provide online and print manuals
detailing the requirements for supervised driving. NRSF further
commented that driver education should be ``integrated as a phased in
process of GDL.'' The Guideline remains unchanged in response to these
comments. NHTSA is developing materials for use by State licensing
agencies and driver education programs on supervised driving. The
commenter also recommended including a ban on cell phones and other
personal electronic devices as part of GDL restrictions. NHTSA has
recently incorporated a restriction on portable electronic
communication and entertainment devices for drivers in the permit and
intermediate phases in its GDL recommendations to the States. This has
been noted in Guidelines 4 and 5. Finally, the agency does not agree
with adding language on improvements to driver education prior to
extensive evaluation of effectiveness.
III. Driver Fitness
AAA commented that experts suggest driver testing should focus on
the functional limitations produced by a medical condition, rather than
on the medical condition itself. Accordingly, AAA suggested the agency
remove the word ``medical'' from this section of the Guideline and
replace the phrase ``mental or physical conditions'' with ``functional
limitations.'' Because there remains evidence of increased risk among
drivers with some medical conditions, NHTSA does not agree with
elimination of the ``medical'' modifier to ``evaluation.'' Because of
this, the Guideline retains the language as proposed, but the agency
will keep this recommendation in mind as further research becomes
available.
NRSF commented that medical evaluation systems should include: (1)
Guidelines for mental and physical performance; (2) medical standards
for physician reference; (3) methodologies for determining patient
health risks; and (4) methodologies for communicating health and
fitness standards to patients and to DMVs. Specifically, NRSF suggested
that training for medical professionals who work with the driving
population include these components.
NRSF also commented that State guidelines should include periodic
driver skill retesting to maintain operational and medical fitness for
drivers of all ages. The Guideline remains unchanged in response to
these comments. There is insufficient evidence at this time to suggest
that periodic driver skill retesting, i.e., behind-the-wheel testing,
is an effective strategy for identifying at-risk drivers. Currently,
the best available evidence suggests that in-person renewal is the most
effective approach to identifying at-risk drivers of all ages.
The Physician's Guide to Assessing and Counseling Older Drivers,
developed by NHTSA and the American Medical Association, identifies red
flags and interventions. Beyond that, assessment strategies are limited
by the predictive value that a given screening tool might have. The
Physician's Guide includes information on making referrals to the DMV
and on counseling patients. It also includes information on obtaining
Continuing Medical Education credits for use of the guide. The agency
believes that NRSF's comments are addressed in its ongoing work. While
on its face, periodic retesting seems reasonable, currently there is no
evidence to suggest that such a strategy would have any safety
benefits. The agency is conducting research on the safety benefits of
different State licensing practices. Until that research is completed,
any changes to the Guideline on this issue would be premature.
In response to the proposed Guideline's provision that each State
[[Page 14847]]
should have ``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,'' an
individual recommended adding a reference to prescription, over-the-
counter, and illegal alcohol and drug use. While there is value in
considering alcohol and drug use for licensing purposes, the
implementation of this recommendation would not be practical or
feasible given the broad range of medications, the durations that
people use them, and the different reactions individuals have to
medications. Including alcohol use in the medical section's purview
seems worthwhile, given recognition that addiction to it is a treatable
disease. Language, therefore, on this issue is included.
V. Driver Records, Data, and Evaluation
NRSF advocated for driver improvement action prior to when a driver
demonstrates problematic behavior (i.e., drivers involved with a high
number of traffic crashes or violations). The agency has made no
changes to the Guideline in response to this comment, as the agency
believes that States should have the flexibility to reassess drivers as
States deem appropriate and institute follow-up measures accordingly.
NHTSA is undertaking a project to determine best approaches to
identifying and treating problem drivers.
MSF suggested cross-referencing rider education training data with
operator licensing records, particularly in States conditioning
licensing upon safety training. The agency agrees with this
recommendation, and has recommended that motorcycle rider licensing and
registration records be linked in State licensing records.
D. Comments Regarding Guideline No. 7 Judicial and Court Services &
Guideline No. 12 Prosecutor Training
GHSA expressed concern regarding the development of a resource
management plan that would include specific components concerning the
allocation of funding, personnel, and facilities. GHSA also stated that
this is not a feasible or appropriate role for a SHSO. GHSA said that
it would be more appropriate for a national organization of prosecutors
or judges to develop a model resource management tool for its members.
These Guidelines were developed to help the SHSOs effectively
incorporate the criminal justice system into their traffic safety
programs. The intent of this section is to ensure that the impact of
SHSO-generated traffic safety law enforcement activities on the entire
criminal justice system is taken into account when developing State
plans.
The judicial and prosecutor Guidelines are designed to help the
SHSOs develop a balanced overall approach that fully engages all
elements of the criminal justice system. They are intended to provide a
basic understanding of the criminal justice system, as it relates to
traffic safety, and point out how decisions on funding various law
enforcement activities can impact the overall effectiveness of the
enforcement, prosecutorial and judicial outreach efforts. To help
clarify that, the Resource Management section of these two Guidelines
now indicates that the SHSO should work with the relevant State
enforcement and adjudication offices to ensure that adequate resources
are allocated throughout the criminal justice system for SHSO-generated
law enforcement activities, while acknowledging that this is not meant
to ask the SHSO to develop a resource plan for another State agency.
E. Comments Regarding Guideline No. 10 Traffic Records
The agency addresses below comments received from MRF, MSF, and AAA
regarding Guideline No. 10 Traffic Records.
I. Traffic Records System Information Components
MSF and MRF expressed general support for a Traffic Records System
(TRS). MRF added that motorcycle records should be administered and
collected uniformly with ``as little bias as possible with regard to
all safety equipment.'' The MSF recommended adding another category to
crash data components to specifically document the use of motorcycle
helmets and whether helmets used are DOT-compliant.
The MSF recommendation to document the use of safety equipment,
specifically motorcycle helmets, is not appropriate because the
Guideline does not address crash data components at the data element
level. Collecting information on safety equipment for motorcycles,
including motorcycle helmet use, is addressed in the revised Model
Minimum Uniform Crash Criteria (MMUCC). The MMUCC is jointly developed
by States and Federal agencies and is intended to improve traffic
safety both nationally and locally by providing a recommended set of
uniform data elements for capturing information about motor vehicle
crashes. The Third Edition MMUCC Guideline was published in 2008.
The proposed Guideline identified particular elements crash data
should incorporate, including location characteristics (e.g., roadway
type or specific intersections). Commenting that crash data should be
linked to roadway data, AAA proposed that NHTSA replace location
characteristics with ``Location'' (linkable to Roadway Data Component).
The agency intended the specific terms proposed in the ``Crash Data
Component'' section to identify general variables and/or attributes
that one would expect to find in a crash database for the
characteristics of the persons, locations, vehicles, etc. involved in a
crash. Accordingly, the Guideline does not incorporate AAA's suggested
change. The broader issue that the commenter raised--the State's
ability to link crash data with roadway inventory data--is a cogent
issue. The benefit for a State to have data that permits the
integration of databases is supported and addressed more fully in
Section IV, Data Integration.
The premise of linking the crash data to a roadway inventory
constitutes a major safety effort for the Federal Highway
Administration (FHWA). The FHWA is currently working to establish the
Model Minimum Inventory of Roadway Elements (MMIRE). Once the MMIRE is
established, it will provide a uniform inventory of roadway data
elements and attributes for locations (e.g., intersections and roadway
segments). This linkage, which will rely upon the precise location of
crashes, will permit an analysis on the contribution of roadway factors
to traffic crashes.
AAA additionally commented that the Guideline should reflect that
project inventory for the Roadway Data Component should include
initiation and completion dates as well as descriptions of projects and
project locations. While NHTSA concurs that the commenter's suggested
practice for documenting information regarding projects is valuable and
should be followed by all agencies responsible for roadway maintenance/
improvement, the agency believes that this level of detail in the
Guideline extends beyond the intended scope and purpose of the
Guideline.
MRF and MSF commented that VMT numbers are inaccurate with respect
to motorcycles. MSF also commented that States should be required to
report motorcycle VMT. NHTSA collects data on motor vehicle crashes,
including those involving motorcycles; however, NHTSA does not collect
data on VMT. VMT data are collected and published annually by FHWA as
part of the Highway Performance Monitoring
[[Page 14848]]
System (HPMS). The DOT recognizes the need for the best motorcycle
travel data possible to support calculation of a more accurate and
consistent measurement of motorcycle travel. State reporting of
motorcycle VMT to the FHWA was optional prior to this year. Even for
those States that reported motorcycle VMT, it was often only measured
as a standard proportion of total VMT rather than being collected
directly through surveys or roadside counters. FHWA had to then
estimate VMT for States that did not report based on data from States
that did report. Beginning in 2007, FHWA began requiring States to
collect and report motorcycle VMT data. Initial data became available
in 2008. Also, the Department is currently working with the States to
improve and address any technical issues surrounding the collection of
motorcycle exposure data. In October 2007, FHWA and NHTSA held a
symposium on motorcycle travel to exchange State best practices in
motorcycle VMT collection, explore new data sources and data collection
technologies, and develop a long-term research and implementation
roadmap.
II. Uses of a Traffic Records System
AAA expressed support for the proposed Guideline's language
regarding reasonable public access to data and commented in favor of
making data files available to traffic safety research organizations.
NHTSA believes traffic safety research organizations are covered under
the Guideline's language providing for data access for ``the public or
general non-government user.''
III. Traffic Records System Management
MSF suggested cross-referencing rider education training data with
operator licensing records, particularly in States conditioning
licensing upon safety training. The agency has addressed this
recommendation in Guideline No. 5 Non-Commercial Driver Licensing.
F. Comments Regarding Guideline No. 17 Pupil Transportation
The State of Michigan Department of State Police and NSTA submitted
comments on this Guideline. The State of Michigan's comments summarized
the State's current laws relative to this Guideline, noting that the
State currently has no pending legislation to conform to several
provisions in the proposed Guideline. This Guideline remains unchanged
in response to the State of Michigan's submission. NSTA conveyed
overall support for the Guideline, particularly its language regarding
prohibiting the operation of nonconforming school transportation
vehicles. NSTA's remaining comments are addressed below.
I. Operations
NSTA commented that with respect to driver physical qualifications,
school bus inspections and maintenance and driver daily vehicle
inspection reports, the Guideline differentiates between operations
subject to the Federal Motor Carrier Safety Regulations (FMCSRs) and
those that are not. NSTA suggested that NHTSA apply the relevant
provisions of the FMCSRs for all school bus operations. NHTSA agrees
with the comment and modified this section accordingly as follows:
Under the Personnel heading, the Guideline removes the phrase ``if
the driver or the driver's employer is subject to those regulations''
from the physical qualification standards statement.
Regarding school bus inspections, under the Vehicle Maintenance
heading, the Guideline removes the references to FMCSR. The language
now reads, ``[r]egularly scheduled vehicle inspections should be
conducted as specified in accordance with FMCSA regulations contained
in 49 CFR Part 396.3'' and ``[s]chool bus drivers should perform daily
inspections of their vehicles, including all safety equipment and
submit a report of their findings daily as specified in 49 CFR 396.''
The guidelines published today also will appear on NHTSA's Web site
in the Highway Safety Grant Management Manual in the near future.
Guideline Nos. 4, 5, 7, 10, 12, and 17 are set forth below. The
remaining guidelines are not addressed by today's action and remain
unchanged.
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. Resources permitting, schools should also include traffic safety
education for children and youth designed to engender knowledge of safe
driving practices.
I. Program Management
Each State should have centralized program planning,
implementation, and coordination to deliver comprehensive and uniform
driver education that applies to both public and private programs.
Evaluation should be used to revise existing programs, develop new
programs, and determine progress and success. The State Highway Safety
Office (SHSO) in collaboration and in cooperation with other State
agencies involved in driver education, such as Transportation
Departments, Motor Vehicle Departments, Licensing Departments, and
Education Departments, should:
Provide leadership, training, and technical assistance to
public and private providers of driver education to ensure consistency
and quality;
Resources permitting, work with other relevant State
agencies to identify staff resources to provide full-time 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:
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, portable
electronic communication and entertainment devices restrictions, and
required seat belt use);
Ensure that the GDL restrictions and sanctions for GDL
licensure are adapted for and applicable to motorcycle operators, and
enforceable for motorcycle operators;
Develop driver education standards and guidelines to which
all driver education programs, whether public or private, 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:
[[Page 14849]]
Visible and well-publicized law enforcement of the
components of GDL and zero tolerance laws;
Licensing sanctions for violations of these provisions;
Evaluation of enforcement efforts to determine
effectiveness;
State agency oversight of driver education programs to
ensure delivery of approved State curriculum; and
Administrative or financial penalties for programs in
noncompliance.
IV. Driver Education and Training Program
A driver education program should be available to novice drivers
and all youths of licensing age and include the following criteria:
The program is taught by instructors, public or private,
certified by the State as qualified for these purposes; examples of
such standards might include: minimum levels of education and
continuing education, not being convicted of any felony or certain
misdemeanor crimes, holding a valid driver license, and setting limits
on numbers and types of driving violations.
All vehicles used in public or commercial Behind the Wheel
training have appropriate safety inspections and are equipped with, at
a minimum, a safety brake accessible by the driver side passenger, a
first aid kit, a fire extinguisher, an instructor rear view mirror and
an eye check mirror for the instructor.
It provides each student with practice driving and/or
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] Additional driving techniques, including balanced vehicle
movement through steering, braking, and accelerating in a precise and
timely manner;
[cir] Cognitive aspects of driving, including gap management,
recognizing blockage and hazards, responding early and appropriately to
hazards and potential hazards, signaling techniques, methods for speed
management and effective visual searching, and decision-making and
habit-development strategies;
[cir] Risk prevention techniques such as skid prevention;
[cir] Rules of the road and other State laws and local motor
vehicle laws and ordinances;
[cir] Attitudinal awareness training that includes how attitudes
can have an impact on driving behavior;
[cir] Peer pressure training including how vehicle operators and
passengers can say no in unsafe peer-pressure situations and how to
utilize leadership skills in managing the driver and the passengers in
a vehicle;
[cir] Vehicle technology and the benefit of braking, traction,
intelligent handling, and stability systems;
[cir] Critical vehicle systems and sub-systems requiring preventive
maintenance;
[cir] Vehicle and highway features (including different vehicle and
roadway conditions) that:
[dec221] Aid the driver in avoiding crashes;
[dec221] Protect the driver and passengers in crashes; and
[dec221] 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, scooters, and motorcycles, who are more physically vulnerable
to injury or death in the event of a crash. This should include
techniques to increase awareness of motorcycles and other road users.
Each State should also ensure:
That research and development programs include adequate
research, development, and procurement of practice driving facilities,
simulators, online teaching resources, and other similar teaching aids
for both school and other driver training use;
There is a program that engages parents and/or guardians
in the driver education and GDL programs;
There is a program for adult driver training and
retraining; and
Commercial driving schools are licensed and instructors
are certified in accordance with applicable State laws, regulations or
other criteria.
V. Communication Program
States should develop and implement communication strategies
directed at supporting policy and program elements. The SHSO, in
collaboration and cooperation with driver education and training and
highway safety partners, should consider a statewide communications
plan and campaign that:
Informs the public, especially parents, about State GDL
laws;
Identifies audiences at particular risk and develops
appropriate messages;
Provides culturally competent materials;
Informs parents/guardians and young drivers 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, in collaboration and cooperation with the State agencies
responsible for driver education and training, 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
[[Page 14850]]
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;
Provide driver licenses that clearly indicate if the
driver is under 21 years of age; and
Ensure that license issuing offices maintain industry
standards for security to prevent license issuance to ineligible
applicants.
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;
Submits acceptable proof of identity in applying for an
original, renewal, or re-application of a driver's license;
Passes an examination demonstrating:
[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 a vehicle, and other driver
responsibilities; and
[cir] Visual acuity, which must meet or exceed State guidelines;
and
Renews the license, in-person, periodically with skill
testing and medical examinations, as appropriate.
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, novice driver receives a learner's permit
that:
Starts no younger than 16 years of age;
Requires completion of a minimum of 6 months driving
without an at-fault crash or traffic violation;
Requires supervised driving at all times in which the
supervising licensed driver is age 21 or older; and
Prohibits the use of portable electronic communication or
entertainment devices while driving.
[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;
Imposes nighttime driving restrictions;
Imposes teenage passenger restrictions;
Prohibits the use of portable electronic communication or
entertainment devices while driving; and
Mandates adherence to State seat belt use requirements.
[cir] The third and final stage is full licensure with:
Passenger, nighttime and portable electronic devices
restrictions until age 18; and
Maximum blood alcohol limits of .02 until age 21.
[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 people who
the driver licensing agency has reason to believe have mental or
physical conditions that might impair their driving abilities;
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, including alcohol use 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. (See Highway Safety Program Guideline No. 10--
Traffic Records.) 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;
Real-time availability of data 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
[[Page 14851]]
renewal each driver's record should be checked.
Motorcycle registration and licensing records should be linked to
ensure that riders are properly licensed and trained.
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. In collaboration
with motor vehicle and other State agencies, the SHSO should consider 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 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
injuries. 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 judicial education
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:
Utilize enabling legislation and regulations to provide
the public with effective and efficient court services;
Provide the impetus for judges to be thoroughly educated
on all facets of motor vehicle law;
Develop cooperative relationships with other government
branches, agencies, and entities, as well as community organizations
and traffic safety stakeholders; and
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 plans that
identify the resources necessary to effectively provide efficient
traffic law-related services throughout the criminal justice system.
The plans should include specific components concerning the allocation
of funding, personnel, and facilities and:
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 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 the areas 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
[[Page 14852]]
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;
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, 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:
[ctrcir] Provide records rapidly and accurately;
[ctrcir] Provide routine compilations of data for management use in
the decision-making process;
[ctrcir] Provide data for operational planning and execution;
[ctrcir] 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;
[ctrcir] Provide for the evidentiary integrity of information so as
to insure its admissibility in subsequent court and administrative
hearing proceedings; and
[ctrcir] 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.,