Missouri Bicycle News Article

For the terminally curious, following are some of the sections of the senate version of SAFETEA that affect bicyclists & pedestrians, bill version as of 2/5/2004 (NOT the final version passed by the Senate).

Please note that the following may include mistakes or errors.

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· Spending for bike/ped improvements in a state must be AT LEAST in proportion to the percentage of bike/ped fatalities in that state (and SR2S doesn't count within that percentage).

· Federal funds can only be used for installing rumble strips in cases where the rumble strips don't interfere with bike/ped mobility.

· Safe Routes to School is included.

· If bike/ped travel is permitted on both ends of a bridge, then when built/re-built the bridge will have to safely accommodate bike/ped if it can be done at reasonable cost.

The entire text can be found on page S393 of the Congressional Record, 3 Feb 2004. See http://thomas.loc.gov/cgi-bin/query/B?r108:@FIELD(FLD003+s)+ @FIELD(DDATE+20040203)

Beware that the bill text is long, convoluted, and not easy to follow. It contains long sections (indicated by square brackets [] ) that have been amended out and are intended to be omitted in the enacted law.

So the following may include mistakes. And I might have missed/overlooked some important provisions.

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SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM. . . .
``(B) INCLUSIONS.--The term `highway safety improvement project' includes a project for--

``(i) an intersection safety improvement;

``(ii) pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition);

``(iii) installation of rumble strips or another warning device, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists and pedestrians;

``(iv) installation of a skid-resistant surface at an intersection or other location with a high frequency of accidents;


``(v) an improvement for pedestrian or bicyclist safety; . . .

``(xvii) installation and maintenance of signs (including fluorescent, yellow-green signs) at pedestrian-bicycle crossings and in school zones.

. . .

``(2) IDENTIFICATION AND ANALYSIS OF HIGHWAY SAFETY PROBLEMS AND OPPORTUNITIES.--As part of the State strategic highway safety plan, a State shall--

``(A) have in place a crash data system with the ability to perform safety problem identification and countermeasure analysis;

``(B) based on the analysis required by subparagraph (A), identify hazardous locations, sections, and elements (including roadside obstacles, railway-highway crossing needs, and unmarked or poorly marked roads) that constitute a danger to motorists, bicyclists, pedestrians, and other highway users; . . .

``(D) advance the capabilities of the State for traffic records data collection, analysis, and integration with other sources of safety data (such as road inventories) in a manner that--

``(i) complements the State highway safety program under chapter 4 and the commercial vehicle safety plan under section 31102 of title 49;

``(ii) includes all public roads; and

``(iii) identifies hazardous locations, sections, and elements on public roads that constitute a danger to motorists, bicyclists, and pedestrians; . . .

``(d) ELIGIBLE PROJECTS.--

``(1) IN GENERAL.--A State may obligate funds apportioned to the State under this section to carry out--

``(A) any highway safety improvement project on any public road or publicly owned bicycle or pedestrian pathway or trail; or . . .


SEC. 1405. SAFE ROUTES TO SCHOOLS PROGRAM.

(a) IN GENERAL.--Subchapter I of chapter I of title 23, United States Code, is amended by inserting after section 149 the following:``§150. Safe routes to schools program

``(a) DEFINITIONS.--In this section:

``(1) PRIMARY AND SECONDARY SCHOOL.--The term `primary and secondary school' means a school that provides education to children in any of grades kindergarten through 12.

``(2) PROGRAM.--The term `program' means the safe routes to schools program established under subsection (b).

``(3) VICINITY OF A SCHOOL.--The term `vicinity of a school' means the area within 2 miles of a primary or secondary school.

``(b) ESTABLISHMENT.--The Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary and secondary schools in accordance with this section.

``(c) PURPOSES.--The purposes of the program shall be--

``(1) to enable and to encourage children to walk and bicycle to school;

``(2) to encourage a healthy and active lifestyle by making walking and bicycling to school safer and more appealing transportation alternatives; and

``(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety in the vicinity of schools. [ETC. . . . . ]

SEC. 1607. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

(a) IN GENERAL.--Section 217 of title 23, United States Code, is amended--

(1) in subsection (a), by inserting ``pedestrian and'' after ``safe'';

{EDITOR'S NOTE: this will now read certain funds can be used for "for carrying out nonconstruction projects related to safe pedestrian and bicycle use."}

(2) in subsection (e), by striking ``bicycles'' each place it appears and inserting ``pedestrians or bicyclists'';

{EDITOR'S NOTE: This section will now read "(e) Bridges. - In any case where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which pedestrians or bicyclists are permitted to operate at each end of such bridge, and the Secretary determines that the safe accommodation of pedestrians or bicyclists can be provided at reasonable cost as part of such replacement or rehabilitation, then such bridge shall be so replaced or rehabilitated as to provide such safe accommodations."}

(3) by striking subsection (f) and inserting the following:

``(f) FEDERAL SHARE.--The Federal share of the construction of bicycle transportation facilities and pedestrian walkways, and for carrying out nonconstruction projects relating to safe pedestrian and bicycle use, shall be determined in accordance with section 120(b).'';

{EDITOR'S NOTE: This improves the phraseology of (f) but more importantly adds to current law the phrase "and for carrying out nonconstruction projects relating to safe pedestrian and bicycle use"}


(4) by redesignating subsection (j) as subsection (l);

(5) by inserting after subsection (i) the following:

``(j) BICYCLE AND PEDESTRIAN SAFETY GRANTS.--

``(1) IN GENERAL.--The Secretary shall select and make grants to a national, nonprofit organization engaged in promoting bicycle and pedestrian safety--

``(A) to operate a national bicycle and pedestrian clearinghouse;

``(B) to develop information and educational programs regarding walking and bicycling; and

``(C) to disseminate techniques and strategies for improving bicycle and pedestrian safety.

``(2) FUNDING.--The Secretary may use funds apportioned under section 104(n) to carry out this subsection.

``(3) APPLICABILITY OF TITLE 23.--Funds authorized to be appropriated to carry out this subsection shall be available for obligation in the same manner as if the funds were apportioned under section 104, except that the funds shall remain available until expended.

``(k) FUNDS FOR BICYCLE AND PEDESTRIAN SAFETY.--A State shall allocate for bicycle and pedestrian improvements in the State a percentage of the funds remaining after implementation of sections 130(e) and 150, in an amount that is equal to or greater than the percentage of all fatal crashes in the States involving bicyclists and pedestrians.''; and

{EDITOR'S NOTE: I understand this to mean that the state takes its total funding, subtracts out 130(e), Railway Crossing improvements, and 150, Safe Routes to Schools, and then must ensure that the percentage of this remainder spent on bike/ped improvements is AT LEAST as high as the percentage of bike/ped fatalities in the state.}

(6) in subsection (l) (as redesignated by paragraph (4))--

(A) by redesignating paragraph (4) as paragraph (5); and

(B) by inserting after paragraph (3) the following:

``(4) SHARED USE PATH.--The term `shared use path' means a multiuse trail or other path that is--

``(A) physically separated from motorized vehicular traffic by an open space or barrier, either within a highway right-of-way or within an independent right-of-way; and

``(B) usable for transportation purposes (including by pedestrians, bicyclists, skaters, equestrians, and other nonmotorized users).''.

(b) RESERVATION OF FUNDS.--Section 104 of title 23, United States Code (as amended by section 1601(b)), is amended by adding at the end the following:

``(n) BICYCLE AND PEDESTRIAN SAFETY GRANTS.--On October 1 of each of fiscal years 2004 through 2009, the Secretary, after making the deductions authorized by subsections (a) and (f), shall set aside $500,000 of the remaining funds apportioned under subsection (b)(3) for use in carrying out the bicycle and pedestrian safety grant program under section 217.''.


SEC. 2101. RESEARCH AND TECHNOLOGY PROGRAM. . . .

``(2) SAFETY.--The term `safety' includes highway and traffic safety systems, research, and development relating to--

``(A) vehicle, highway, driver, passenger, bicyclist, and pedestrian characteristics; . . .

``(d) ADVANCED, HIGH-RISK RESEARCH.--

``(1) IN GENERAL.--The Secretary shall establish and carry out, in accordance with the surface transportation research and technology development strategic plan developed under section 508(c) and research priority areas described in subsection (c), an advanced research program that addresses longer-term, higher-risk research with potentially dramatic breakthroughs for improving the durability, efficiency, environmental impact, productivity, and safety (including bicycle and pedestrian safety) aspects of highway and intermodal transportation systems.

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