U.S. Code » Title 23 » Chapter CHAPTER 1— FEDERAL-AID HIGHWAYS

23 U.S.C. § 152

Hazard elimination program

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(a)In General.—(1)Program.—Each State shall conduct and systematically maintain an engineering survey of all public roads to identify hazardous locations, sections, and elements, including roadside obstacles and unmarked or poorly marked roads, which may constitute a danger to motorists, bicyclists, and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement.(2)Hazards.—In carrying out paragraph (1), a State may, at its discretion—(A) identify, through a survey, hazards to motorists, bicyclists, pedestrians, and users of highway facilities; and(B) develop and implement projects and programs to address the hazards.(b) The Secretary may approve as a project under this section any safety improvement project, including a project described in subsection (a).(c) Funds authorized to carry out this section shall be available for expenditure on—(1) any public road;(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or(3) any traffic calming measure.(d) The Federal share payable on account of any project under this section shall be 90 percent of the cost thereof.(e) Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under section 104(b), except that the Secretary is authorized to waive provisions he deems inconsistent with the purposes of this section.(f) Each State shall establish an evaluation process approved by the Secretary, to analyze and assess results achieved by safety improvement projects carried out in accordance with procedures and criteria established by this section. Such evaluation process shall develop cost-benefit data for various types of corrections and treatments which shall be used in setting priorities for safety improvement projects.(g) Each State shall report to the Secretary of Transportation not later than December 30 of each year, on the progress being made to implement safety improvement projects for hazard elimination and the effectiveness of such improvements. Each State report shall contain an assessment of the cost of, and safety benefits derived from, the various means and methods used to mitigate or eliminate hazards and the previous and subsequent accident experience at these locations. The Secretary of Transportation shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than April 1 of each year on the progress being made by the States in implementing the hazard elimination program (including but not limited to any projects for pavement marking). The report shall include, but not be limited to, the number of projects undertaken, their distribution by cost range, road system, means and methods used, and the previous and subsequent accident experience at improved locations. In addition, the Secretary’s report shall analyze and evaluate each State program, identify any State found not to be in compliance with the schedule of improvements required by subsection (a) and include recommendations for future implementation of the hazard elimination program.(h) For the purposes of this section the term “State” shall have the meaning given it in section 401 of this title.(Added Pub. L. 93–87, title II, § 209(a), Aug. 13, 1973, 87 Stat. 286; amended Pub. L. 94–280, title I, § 131, May 5, 1976, 90 Stat. 441; Pub. L. 95–599, title I, § 168(a), Nov. 6, 1978, 92 Stat. 2722; Pub. L. 96–106, § 10(b), Nov. 9, 1979, 93 Stat. 798; Pub. L. 97–375, title II, § 210(b), Dec. 21, 1982, 96 Stat. 1826; Pub. L. 97–424, title I, § 125, Jan. 6, 1983, 96 Stat. 2113; Pub. L. 100–17, title I, § 133(b)(12), Apr. 2, 1987, 101 Stat. 172; Pub. L. 104–59, title III, § 325(c), Nov. 28, 1995, 109 Stat. 592; Pub. L. 105–178, title I, § 1401, June 9, 1998, 112 Stat. 235.)Editorial NotesAmendments

1998—Subsec. (a). Pub. L. 105–178, § 1401(1), inserted subsec. heading, designated existing provisions as par. (1) and inserted par. heading, realigned margins, substituted “motorists, bicyclists, and pedestrians” for “motorists and pedestrians”, and added par. (2).

Subsec. (b). Pub. L. 105–178, § 1401(2), substituted “safety improvement project, including a project described in subsection (a)” for “highway safety improvement project”.

Subsec. (c). Pub. L. 105–178, § 1401(3), substituted “on—

“(1) any public road;

“(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or

“(3) any traffic calming measure” for “on any public road (other than a highway on the Interstate System)”.

Subsec. (e). Pub. L. 105–178, § 1401(4), struck out “apportioned to the States as provided in section 402(c) of this title. Such funds shall be” before “available for obligation” and substituted “section 104(b)” for “section 104(b)(1)”.

Subsecs. (f), (g). Pub. L. 105–178, § 1401(5), substituted “safety improvement projects” for “highway safety improvement projects” wherever appearing.

1995—Subsec. (g). Pub. L. 104–59 substituted “Committee on Transportation and Infrastructure” for “Committee on Public Works and Transportation”.

1987—Subsec. (g). Pub. L. 100–17 substituted “the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives” for “the Congress”.

1983—Subsec. (c). Pub. L. 97–424 substituted provision that funds authorized to carry out this section shall be available for expenditure on any public road (other than a highway on the Interstate System), for provision that funds authorized to carry out this section would be available solely for expenditure for projects on any Federal-aid system (other than the Interstate System) except in the Virgin Islands, Guam, and American Samoa.

1982—Subsec. (g). Pub. L. 97–375 inserted “(including but not limited to any projects for pavement marking)” after “implementing the hazard elimination program”.

1979—Subsec. (g). Pub. L. 96–106 substituted “December 30” for “September 30” and “April 1” for “January 1”.

1978—Subsec. (a). Pub. L. 95–599 substituted “public roads” for “highways” and inserted provisions relating to identification of hazardous sections and elements.

Subsec. (b). Pub. L. 95–599 substituted provisions relating to approval of highway safety improvement proj­ects by the Secretary for provisions authorizing appropriations for fiscal years ending June 30, 1974 through June 30, 1976.

Subsec. (c). Pub. L. 95–599 reenacted subsec. (c) without substantive change.

Subsec. (d). Pub. L. 95–599 substituted provisions prescribing the Federal share payable on account of any project under this section for provisions relating to apportionment of funds made available under subsec. (b) to the States. See subsec. (e) of this section.

Subsec. (e). Pub. L. 95–599 substituted provisions relating to apportionment of funds to the States under this section for provisions relating to progress reports required of the States under this section. See subsec. (g).

Subsecs. (f) to (h). Pub. L. 95–599 added subsecs. (f) and (g) and redesignated former subsec. (f) as (h).

1976—Subsec. (f). Pub. L. 94–280 added subsec. (f).

Statutory Notes and Related SubsidiariesTermination of Reporting Requirements

For termination, effective May 15, 2000, of provisions in subsec. (g) of this section relating to the requirement that the Secretary of Transportation submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives not later than April 1 of each year, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 135 of House Document No. 103–7.

Notes of Decisions
Cited in 33 cases, 1988–2020 · leading case: Guillen v. Pierce Cnty., 31 P.3d 628 (Wash. 2001).
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Guillen v. Pierce Cnty., 31 P.3d 628 (Wash. 2001). · cites it 15× “310(j)—since they were, according to sworn declarations in the record, "compiled" or "collected" by petitioners pursuant to 23 U.S.C. § 152 so as "to identify hazardous locations, sections, and elements" on "all public roads" that might prove to be good candidates for federally…”
Guillen v. Pierce Cnty., 181 A.L.R. Fed. 741 (Wash. 2001). · cites it 15× “310(1)(j) — since they were, according to sworn declarations in the record, “compiled” or “collected” by petitioners pursuant to 23 U.S.C. § 152 so as “to identify hazardous locations, sections, and elements” on “all public roads” that might prove to be good candidates for…”
Gendler v. Batiste, 274 P.3d 346 (Wash. 2012). · cites it 16× “WSP claimed the records were shielded because they were located in an electronic database that the Department of Transportation (DOT) utilized for purposes related to the federal hazard elimination program, 23 U.S.C. § 152 . ¶ 2 Gendler then brought a suit under the PRA and…”
Goza v. Par. of West Baton Rouge, 21 So. 3d 320 (La. Ct. App. 2009). · cites it 8× “It is that information compiled by law enforcement pursuant to its statutory duty that the DOTD seeks to exclude in this matter. To support its assertion that the accident reports were "compiled and collected.”
Robert Zimmerman v. Norfolk S. Corp., 706 F.3d 170 (3rd Cir. 2013). · cites it 2× “The county public works department later acquired the report and used it to apply for funding under 23 U.S.C. § 152 , which was one of the statutes listed in § 409 at the time.”
Carson v. CSX Transp., Inc., 734 S.E.2d 148 (S.C. 2012). · cites it 3× “2d 610 (2003), held that section 409 only protects documents collected specifically *231 for 23 U.S.C. § 152 purposes. 4 While the Supreme Court can be quoted as saying such, Appellant misconstrues the holding of Pierce County.”
Taylor v. Shoemaker, 605 So. 2d 828 (Ala. 1992). · cites it 2× “Furthermore, to the extent that the administrative regulations in question were adopted to comply with Congressional conditions on the receipt of Federal highway funds, see 23 U.S.C. §§ 152 (a) and 402, I question whether the adoption of rules for such a purpose could overcome…”
Ramos-Pinero v. Commonweath of PR, 453 F.3d 48 (1st Cir. 2006). “Specifically, plaintiffs contend that the Commonwealth waived immunity by (1) accepting federal funds under the Hazard Elimination Program, 23 U.S.C. § 152 , and the Highway Safety Act of 1966, 23 U.”
Sevario v. State Ex Rel. Dept. of Transp., 752 So. 2d 221 (La. Ct. App. 1999). · cites it 3× “At this time, DOTD assigns a mile-post number and route number to each accident.”
Martinolich v. S. Pac. Transp. Co., 532 So. 2d 435 (La. Ct. App. 1988). · cites it 2× “and [for the implementation of] a schedule of projects for their "improvement," if compiled in compliance with 23 U.S.C. § 152 . This is similar to the kind of documentary evidence assembled by expert witnesses that is not subject to discovery under Rule 26 of the Federal Rules…”
Telegram Publ'g Co. v. Kansas Dep't of Transp., 69 P.3d 578 (Kan. 2003). “The Supreme Court’s lengthy recitation of the historical development of § 409 discloses the federal, state, and local governments’ ongoing concern about turning 23 U.S.C. § 152 (2000)- — -which was *788 designed to be a safety data compilation and collection statute— into “an…”
Coniker v. State, 181 Misc. 2d 801 (1999). · cites it 4× “” ( 23 USC § 152 [a] [1].) The disclosure demands at issue, as set forth in paragraphs “9” through “12” of claimant’s notice for discovery and inspection dated December 28, 1998, request: *803 • legends keys and/or explanatory notations for the PIL 1 printout; • reports and/or…”
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