United States Department of Transportation
i
Action: 23 U.S.C. 148(g) Highway Safety Improvement Program Special Rules Guidance
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2022-02-02
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Series: Memoranda & Guidance: Guidance
[PDF-747.08 KB]
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Abstract:The Infrastructure Investment and Jobs Act (IIJA) (Pub. L. 117-58, also known as the "Bipartisan Infrastructure Law" (BIL)), was signed into law on November 15, 2021. Among other things, the BIL established a new Special Rule under the Highway Safety Improvement Program (HSIP) for vulnerable road user (VRU) safety and continued the two existing special rules for High-Risk Rural Roads (HRRR) and Older Drivers and Pedestrians without change. The VRU Special Rule is part of a larger focus on non-motorist safety that includes a new requirement for States to complete VRU safety assessments. This memorandum provides guidance to support implementation of the three Special Rules in section 148(g) of title 23 of the United States Code (U.S.C.) as part of the HSIP: HRRR Special Rule (23 U.S.C. 148(g)(1)); Older Drivers and Pedestrians Special Rule (23 U.S.C. 148(g)(2)); and VRU Safety Special Rule (23 U.S.C. 148(g)(3)). For each Special Rule, the guidance includes the statutory reference, purpose, definitions, a description of how FHWA will determine if the special rule applies, and a description of how States should implement each Special Rule. This guidance replaces guidance FHWA issued on December 27, 2012, related to the HRRR Special Rule and on February 13, 2013 and May 19, 2016, related to the Older Drivers and Pedestrians Special Rule. FHWA also issued guidance on December 16, 2021 ("Policy on Using Bipartisan Infrastructure Law Resources to Build a Better America,” hereafter “Policy") that serves as an overarching framework to prioritize the use of BIL resources on projects that will Build a Better America. That Policy is available on FHWA’s BIL implementation website at the following URL: https://www.fhwa.dot.gov/bipartisan-infrastructure-law/docs/building_a_better_americapolicy_framework.pdf.
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Content Notes:Except where required by statute or regulations, the contents of this document do not have the force and effect of law and are not meant to bind States in any way. This document is intended only to provide clarity to States regarding existing requirements under the law or agency 2 policies. While this is non-binding guidance, compliance with applicable statutes or regulations cited is required.
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