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Home / MAP-21 / Guidance / Section 148: Older Drivers and Pedestrians Special Rule Interim Guidance

Section 148: Older Drivers and Pedestrians Special Rule Final Guidance


Date Issued

May 19, 2016, FHWA Office of Safety

Purpose:

On July 6, 2012, the President signed into law the Moving Ahead for Progress in the 21st Century Act (MAP-21) (P.L. 112-141), which created a Special Rule for Older Drivers and Pedestrians. The Fixing America's Surface Transportation (FAST) Act (P.L. 114-94) continued that Special Rule. The purpose of this guidance is to clarify: 1) the circumstances in which the Highway Safety Improvement Program (HSIP) Special Rule applies to States; 2) which information States should report to the Federal Highway Administration (FHWA); and 3) how States should implement the Special Rule. This guidance supersedes guidance FHWA issued on February 13, 2013, related to the Older Drivers and Pedestrians Special Rule under MAP-21.

STATUTORY REFERENCE

23 U.S.C. 148(g)(2) provides:

If traffic fatalities and serious injuries per capita for drivers and pedestrians over the age of 65 in a State increases during the most recent 2-year period for which data are available, that State shall be required to include, in the subsequent Strategic Highway Safety Plan of the State, strategies to address the increases in those rates, taking into account the recommendations included in the publication of the Federal Highway Administration entitled 'Highway Design Handbook for Older Drivers and Pedestrians' (FHWA-RD-01-103), and dated May 2001, or as subsequently revised and updated.

In June 2014, FHWA revised and renamed its Handbook to incorporate new research findings and treatments to improve the safety of the transportation system for the aging population. Accordingly, for purposes of implementation of this Special Rule, States should refer to FHWA's Handbook for Designing Roadways for the Aging Population (FHWA-SA-14-103), available at: http://safety.fhwa.dot.gov/older_users/handbook/aging_driver_handbook_2014_final%20.pdf.

Definitions:

The Department of Transportation has developed performance measures, as required in 23 U.S.C. 150(d), and provided the definition of "serious injury" as it relates to those measures. A serious injury is defined as any crash involving a motor vehicle traveling on a public roadway that is coded "Suspected Serious Injury (A)" using the KABCO injury classification scale (23 CFR 490.207(c)). States that do not currently use KABCO may use the National Highway Traffic Safety Administration (NHTSA) serious injuries conversion tables to determine the equivalent definition and attributes for their crash database. States will have 36 months to report serious injuries in accordance with the Model Minimum Uniform Crash Criteria (MMUCC) 4th Edition definition and attribute for "Suspected Serious Injury (A)" (23 CFR 490.207(c)). States should use existing reporting systems, crash data, and forms. States will not need to make any changes to their crash data systems based on this Special Rule.

HOW TO DETERMINE WHETHER THE OLDER DRIVERS SPECIAL RULE APPLIES:

To determine whether the Special Rule applies in your State, you should consider older drivers and older pedestrians collectively. If the rate of traffic fatalities and serious injuries for drivers and pedestrians 65 years of age and older (hereafter referred to as "older drivers and pedestrians") in a State increases during the most recent 2-year period, then the Older Drivers Special Rule applies.

Specifically, the State should–

This approach allows for data stability (by covering multiple years) while still providing a recent accurate trend (by using the most recent available data). Attachment 1 provides details of the calculation. Attachment 2 provides the latest population figures (65 years of age and older), in thousands, which States should use in making their own calculations. Beginning in 2017, FHWA anticipates providing updated population figures to the States by March 1 of each year.

When determining whether a rate has increased (and whether the Special Rule applies), a State should round to the nearest tenth of each of the two rates being compared. The Special Rule applies only if the increase is sufficiently large to show up at this level of rounding. For example:

The State of Lincoln's 5-year average rate of fatalities and serious injuries per capita for older drivers and pedestrians was 202.12 for the period ending 2012 and 202.14 for the period ending 2014. Rounded to the nearest tenths, these rates are 202.1 and 202.1, respectively. Therefore the Special Rule would not apply to the State of Lincoln.

The State of Jefferson's 5-year average rate of fatalities and serious injuries per capita for older drivers and pedestrians for the periods was 202.30 for the period ending 2012 and 202.39 for the period ending 2014. Rounded to the nearest tenths, these rates are 202.3 and 202.4, respectively. Therefore, the Special Rule would apply to the State of Jefferson.

Reporting to FHWA

States must submit their annual HSIP reports to FHWA by August 31, per 23 U.S.C. 148(h)(2) and 23 CFR 924.15(a). In those reports, States should include the calculations described above, and should verify whether the Older Drivers and Pedestrians Special Rule applies in the State.

Report Date for Older Driver Special Rule 5-Year Moving Average of Fatalities and Serious Injuries for
Drivers and Pedestrians 65 years of age and older.
August 31, 2016 2008-2012 to 2010-2014
August 31, 2017 2009-2013 to 2011-2015
August 31, 2018 2010-2014 to 2012-2016
August 31, 2019 2010-2014 to 2012-2016
August 31, 2020 2012-2016 to 2014-2018

State Implementation of the Special Rule

If a State determines that the Special Rule applies, the State must include, in its subsequent SHSP, strategies to address the increase in the older driver and older pedestrian fatal and serious injuries rate. In considering possible strategies, FHWA encourages States to take into account the treatments listed in the 2014 FHWA publication, "Handbook for Designing Roadways for the Aging Population" and any subsequently revised and updated versions. The State also should conduct a secondary analysis to determine whether the increase is attributable to driver fatalities and injuries, pedestrian fatalities and injuries, or a combination of the two. This helps a State determine whether the emphasis on safety programs and countermeasures should be focused on drivers and/or pedestrians.

Attachment 1: Example Calculation

Calculate Rate of Fatal (F) and Serious Injuries (SI) per capita for Drivers and Pedestrians 65 years of age and older for year ending in 2014 (2014, 2013, 2012, 2011, 2010) and 2012 (2012, 2011, 2010, 2009, 2008).

For purposes of this calculation, the term "Annual rate, year XXXX" (or "AR, year XXXX") means the following:

F + SI for drivers and pedestrians 65 years of age and older, year XXXX
Pop. of drivers and pedestrians 65 years of age or older, year XXXX

1. Calculate Rate for 2014

Calculate the following to two decimal places, then round to the nearest tenth:

AR, 2014 + AR, 2013 + + AR, 2012 +AR, 2011 +AR,2010
5

2. Calculate Rate for 2012:

Calculate the following to two decimal places, then round to the nearest tenth:

AR, 2012 + AR, 2011 + AR, 2010 + AR, 2009 +AR,2008
5

3. Compare Rate for 2014 to Rate for 2012

If the rate for 2014 (under step #1) exceeds the rate for 2012 (under step #2), then the Special Rule applies.

Attachment 2: POPULATION OF 65 YEARS AND OLDER (IN THOUSANDS)

STATE 2008 2009 2010 2011 2012 2013 2014
Alabama 639 649 658 674 700 722 747
Alaska 48 52 55 58 62 66 70
Arizona 864 867 887 923 971 1,019 1,071
Arkansas 404 413 420 429 441 454 465
California 4,116 4,143 4,269 4,398 4,599 4,794 4,990
Colorado 512 534 552 575 611 645 680
Connecticut 477 487 508 515 532 545 556
Delaware 121 126 129 134 141 147 154
District of Columbia 71 70 69 70 72 74 74
Florida 3,183 3,199 3,273 3,359 3,509 3,644 3,791
Georgia 983 1,011 1,034 1,076 1,139 1,191 1,249
Hawaii 190 189 198 203 210 220 228
Idaho 182 185 197 204 211 223 235
Illinois 1,572 1,596 1,615 1,643 1,696 1,740 1,788
Indiana 813 828 843 856 889 916 941
Iowa 444 444 453 458 470 480 491
Kansas 367 367 379 382 394 406 418
Kentucky 563 570 580 594 614 636 653
Louisiana 539 554 560 571 598 607 631
Maine 199 205 211 217 226 236 243
Maryland 679 691 710 732 763 794 822
Massachusetts 870 894 906 922 961 990 1,016
Michigan 1,301 1,338 1,366 1,388 1,443 1,487 1,531
Minnesota 651 669 687 701 730 755 778
Mississippi 369 375 383 387 403 414 427
Missouri 802 822 843 855 884 908 932
Montana 136 141 147 151 159 165 170
Nebraska 240 241 248 250 257 265 271
Nevada 295 307 327 340 359 381 401
New Hampshire 169 178 180 185 194 203 209
New Jersey 1,150 1,169 1,191 1,207 1,250 1,284 1,312
New Mexico 262 265 275 283 294 307 318
New York 2,605 2,617 2,624 2,665 2,759 2,830 2,896
North Carolina 1,133 1,189 1,240 1,276 1,347 1,405 1,461
North Dakota 94 95 98 98 101 103 105
Ohio 1,572 1,601 1,626 1,648 1,708 1,752 1,797
Oklahoma 491 495 510 517 536 548 562
Oregon 504 515 535 553 582 605 634
Pennsylvania 1,908 1,945 1,966 1,982 2,042 2,090 2,134
Rhode Island 150 152 152 154 159 163 167
South Carolina 595 619 635 655 695 725 762
South Dakota 116 117 118 120 121 125 129
Tennessee 816 836 860 879 921 950 987
Texas 2,467 2,535 2,619 2,708 2,838 2,967 3,096
Utah 245 251 251 258 272 283 295
Vermont 87 89 91 94 98 103 107
Virginia 936 955 980 1,010 1,062 1,105 1,147
Washington 783 801 830 861 908 951 993
West Virginia 285 287 299 301 311 320 329
Wisconsin 748 760 780 792 824 849 876
Wyoming 66 67 70 72 75 78 80

U.S. Census American Community Survey 1-Year Estimates for population 65 and older. Supporting documentation on code lists, subject definitions, data accuracy, and statistical testing can be found on the American Community Survey (ACS) website (http://www.census.gov/acs/www) in the Data and Documentation section. Sample size and data quality measures (including coverage rates, allocation rates, and response rates) can be found on the ACS website in the Methodology section at http://www.census.gov/programs-surveys/acs/methodology.html. Although the ACS produces population, demographic and housing unit estimates, it is the Census Bureau's Population Estimates Program that produces and disseminates the official estimates of the population for the nation, States, counties, cities and towns and estimates of housing units for States and counties.

Page last modified on May 20, 2016
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