Murkowski Amendment to Improve Motorcyclist Safety

AMENDMENT NO. __

Calendar No. __

Purpose: To improve motorcyclist safety.

IN THE SENATE OF THE UNITED STATES-108th Cong., 1st Sess.

S. 1072

To authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes.

Referred to the Committee on _____________ and ordered to be printed

Ordered to lie on the table and to be printed

AMENDMENTS intended to be proposed by Ms. MURKOWSKI to the amendment (No. __) proposed by Mr. INHOFE

Viz:

On page 4-4, line 8, after "highway safety matters", insert the following: "(including motorcyclist safety)".

On page 4-5, line 2, after "transportation", insert the following: "(including motorcycling)".

On page 4-7, line 19, strike "motorists," and insert "motorists (including motorcyclists),".

On page 4-8, line 16, strike "motorists," and insert "motorists (including motorcyclists),".

At the end of subtitle D of title I, add the following:

SEC. 14__. MOTORCYCLIST SAFETY.

(a) MOTORCYCLIST ADVISORY COUNCIL.-Section 153 of title 23, United States Code, is amended-

(1) by redesignating subsections (i), (j), and (k) as subsections (j), (k), and (l), respectively; and

(2) by inserting after subsection (h) the following:

"(i) MOTORCYCLIST ADVISORY COUNCIL.-

"(1) IN GENERAL.-The Secretary, acting through the Administrator of the Federal Highway Administration, shall appoint a Motorcyclist Advisory Council (referred to in this subsection as the 'Council') to review proposed regulations, coordinate with planners of the Federal Highway Administration, and advise the Administrator on matters of concern to motorcyclists, including-

"(A) barrier design;

"(B) road maintenance practices; and

"(C) the architecture and implementation of intelligent transportation system technologies.

"(2) COMPOSITION.-The Council shall consist of not more than 10 members of the motorcycling community with professional expertise in national motorcyclist safety advocacy, including-

"(A) at least-

"(i) 1 member recommended by the American Motorcyclist Association;

"(ii) 1 member recommended by the Motorcycle Riders Foundation;

"(iii) 1 representative of the National Association of State Motorcycle Safety Administrators; and

"(iv) 2 members of State motorcyclists' organizations, recommended jointly by the Motorcycle Riders Foundation and the American Motorcyclist Association; and

"(B) at least 1, and not more than 5, motorcyclists who are traffic system design engineers or State transportation department officials.".

(b) MOTORCYCLIST SAFETY TRAINING AND MOTORIST AWARENESS PROGRAMS.-

(1) IN GENERAL.-Chapter 4 of title 23, United States Code (as amended by section __), is amended by adding at the end the following:

"§__. Motorcyclist safety training and motorist awareness programs

"(a) DEFINITIONS.-In this section:

"(1) MOTORCYCLIST SAFETY TRAINING.-The term 'motorcyclist safety training' means any formal program of instruction that-

"(A) provides accident avoidance and other safety-oriented operational skills to motorcyclists, including innovative training opportunities to meet unique regional needs; and

"(B) is approved for use in a State by the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State Motorcycle Safety Administrator or a motorcycle advisory council appointed by the Governor of the State.

"(2) MOTORIST AWARENESS.-The term 'motorist awareness' means individual or collective motorist awareness of-

"(A) the presence of motorcycles on or near roadways; and

"(B) safe driving practices that avoid injury to motorcyclists, bicyclists, and pedestrians.

"(3) MOTORIST AWARENESS PROGRAM.-The term 'motorist awareness program' means any informational or public awareness program designed to enhance motorist awareness that is developed by or in coordination with the designated State authority having jurisdiction over motorcyclist safety issues, which may include the State Motorcycle Safety Administrator or, in the absence of a State Administrator, a motorcycle advisory council appointed by a Governor of the State.

"(4) STATE.-The term 'State' means-

"(A) a State;

"(B) the District of Columbia; and

"(C) the Commonwealth of Puerto Rico.

"(b) ELIGIBILITY.-Not later than 90 days after the date of enactment of this section, on September 1, 2004, and on September 1 of each fiscal year thereafter, and based on a letter of certification provided by the Governor of each State, the Secretary shall develop and publish a list of States that, as of the date of publication of the list, have established motorcyclist safety training programs and motorist awareness programs, including information that indicates-

"(1) the level of base funding provided for each such program for the applicable fiscal year; and

"(2) whether the level of base funding provided for each such program for the applicable fiscal year was increased, decreased, or maintained from the level of funding provided for the program for the previous fiscal year.

"(c) ALLOCATION.-Not later than 120 days after the date of enactment of this section, on October 1, 2004, and on October 1 of each fiscal year thereafter, the Secretary shall allocate to each State for which the base funding allocated for motorcyclist safety training and motorist awareness programs was not less than the amount allocated for the previous year, not less than $100,000, to be used only for motorcyclist safety training and motorist awareness programs, including-

"(1) improvements to motorcyclist safety training curricula;

"(2) improvements in program delivery to both urban and rural areas, including-

"(A) procurement or repair of practice motorcycles;

"(B) instructional aides;

"(C) mobile training units; and

"(D) leasing or purchase of facilities for classroom instruction and closed-course skill training;

"(3) an increase in the recruitment or retention of motorcyclist safety training instructors certified by a State Motorcycle Safety Administrator or motorcycle advisory council appointed by the Governor; and

"(4) public awareness, public service announcements, and other outreach programs to enhance motorist awareness.

"(d) CONTRACTS WITH ORGANIZATIONS.-The Secretary may enter into an agreement with an organization that is recommended by and represents the interests of State Motorcycle Safety Administrators to review, determine, and disseminate a description of best practices in motorcycle safety training and motorist awareness, and to recommend such practices, to State administrators, governors, State legislative bodies, and chief licensing officers of States.

"(e) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated to carry out this section from the Highway Trust Fund (other than the Mass Transit Account) $5,200,000 for each of fiscal years 2004 through 2009.".

(2) CONFORMING AMENDMENT.-The analysis for chapter 4 of title 23, United States Code (as amended by section __), is amended by adding at the end the following:

"__. Motorcyclist safety training and motorist awareness programs.".

(c) REDUCTION OF CRASHES INVOLVING MOTORCYCLES.-Section 402 of title 23, United States Code, is amended by inserting after subsection (g) the following:

"(h) REDUCTION OF CRASHES INVOLVING MOTORCYCLES.-

"(1) IN GENERAL.-As part of the program carried out under this section, the Secretary shall make annual grants to States to pay the Federal share of expanding programs to reduce single- and multiple-vehicle crashes involving motorcycles.

"(2) ELIGIBILITY.-To be eligible for a grant under this subsection, a State shall demonstrate to the Secretary that for each of fiscal years 2004 and 2005, at least 1, for fiscal years 2006 and 2007, at least 2, and for fiscal years 2008 and 2009, at least 3, of the programs or conditions described in the following subparagraphs apply to the State:

"(A) DRIVERS LICENSE SUSPENSION OR REVOCATION SYSTEM.-The State has implemented a statewide drivers license suspension or revocation system that suspends a drivers license for at least 1 year for an individual who operates a motor vehicle in a reckless or negligent manner that causes-

"(i) an accident with a motorcycle or other motor vehicle; and

"(ii) injury or death to an individual.

"(B) REDUCTION OF CRASH RATE INVOLVING MOTORCYCLES.-The State demonstrates to the Secretary that, for the year following receipt of a grant under this section, there has been a reduction in the crash rate of motor vehicles involving motorcycles in the State (expressed as a function of crashes per 10,000 motorcycle registrations as compared to the previous year).

"(C) MOTORCYCLE RIDER TRAINING COURSES.-The State demonstrates to the Secretary that, between the fiscal year for which a grant is received under this section and the preceding fiscal year, there has been no reduction in the number of individuals enrolled in motorcycle rider training based on a course of instruction approved for the State by the State Motorcycle Safety Administrator or, in the absence of a State Administrator, by a motorcycle advisory council appointed by the Governor of the State.

"(D) MOTORIST AWARENESS.-The State-

"(i) has implemented a statewide program to enhance motorist awareness of motorcyclists; and

"(ii) demonstrates to the Secretary that, between each fiscal year for which a grant is received under this section and the preceding fiscal year, there has been a reduction in the rate of multiple-vehicle collisions in the State involving motorcycles (expressed as a function of crashes per 10,000 motorcycle registrations).

"(E) IMPAIRED MOTORCYCLE OPERATION.-The State-

"(i) has implemented a statewide program to reduce impaired motorcycle operation; and

"(ii) demonstrates to the Secretary that, between each fiscal year for which a grant is received under this section and the preceding fiscal year, there has been a reduction in the rate of reported accidents involving alcohol- or drug-impaired motorcycle operators (expressed as a function of 10,000 motorcycle registrations).

"(F) MOTORCYCLIST TRAINING.-The State-

"(i) has implemented a statewide program to expedite delivery of motorcyclist training to urban and rural areas; and

"(ii) demonstrates to the Secretary that, between each fiscal year for which a grant is received under this section and the preceding fiscal year, there has been a reduction in the rate of reported accidents involving motorcyclists with improper licenses or lacking a motorcycle endorsement (expressed as a function of 10,000 motorcycle registrations).

"(3) FEDERAL SHARE.-The Federal share of the cost of implementing and enforcing a program described in paragraph (2) for a fiscal year shall not exceed (as determined by the Secretary)-

"(A) for the first 3 years for which a State receives a grant under this subsection, 50 percent; and

"(B) for each additional year for which a State receives a grant under this subsection, 25 percent.

"(4) MAINTENANCE OF EFFORT.-No grant may be made to a State under this subsection for any fiscal year unless the State enters into such agreement with the Secretary as the Secretary may require to ensure that the State will maintain the aggregate expenditures of the State from all other sources for motorcycle safety programs at a level that is at or above the average level of such expenditures for each of the 2 fiscal years preceding the date of enactment of this section, as determined by the Secretary.

"(5) FUNDING.-

"(A) IN GENERAL.-Subject to subparagraph (B), the Secretary shall use funds authorized to be appropriated to carry out this section for a fiscal year to carry out this subsection for the fiscal year.

"(B) LIMITATION.-The amount of a grant made to a State under this subsection for a fiscal year shall not exceed 10 percent of the amount apportioned to the State under this section for fiscal year 2002.".

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