Highlights of federal transportation law

The Federal Highway Administration has provided a handy summary of the main points of federal transportation law. This law must be followed whenever federal funds are used in building or improving a roadway:
* "Bicyclists and pedestrians shall be given due consideration in the comprehensive transportation plans developed by each metropolitan planning organization and State." (Section 1202(a) of TEA-21)

* "Bicycle transportation facilities and pedestrian walkways shall be considered, where appropriate, in conjunction with all new construction and reconstruction and transportation facilities, except where bicycle and pedestrian use are not permitted." (Section 1202(a) of TEA-21)

* "Transportation plans and projects shall provide due consideration for safety and contiguous routes for bicyclists and pedestrians." (Section 1202(a) of TEA-21)

* In any case where a highway bridge deck is being replaced or rehabilitated with Federal financial participation, and bicyclists are permitted on facilities at or near each end of such bridge, and the safe accommodation of 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." (23 U.S.C. Section 217)

* "The Secretary shall not approve any project or take any regulatory action under this title that will result in the severance of an existing major route or have significant adverse impact on the safety for nonmotorized transportation traffic and light motorcycles, unless such project or regulatory action provides for a reasonable alternate route or such a route exists." (23 U.S.C. Section 109(n))

While these sections stop short of requiring specific bicycle and pedestrian accommodation in every transportation project, Congress clearly intends for bicyclists and pedestrians to have safe, convenient access to the transportation system and sees every transportation improvement as an opportunity to enhance the safety and convenience of the two modes. "Due consideration" of bicycle and pedestrian needs should include, at a minimum, a presumption that bicyclists and pedestrians will be accommodated in the design of new and improved transportation facilities.

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