Highway Law Research Articles

Comparison and optimization analysis of highway law enforcement agencies in the context of Sichuan and Chongqing integration

At present, Chongqing expressway operation has entered a new stage, and how to improve its operation and management effectiveness has become a new research topic. The article first summarizes and analyzes the development characteristics and experiences of Chongqing expressway management system, and points out that the development of China's expressway management system should not only strengthen the specialization of managers in various functional departments, but also establish a corresponding coordination and control mechanism to improve the efficiency of management; then, it focuses on comparing and analyzing the similarities and differences of expressway law enforcement in Chongqing and Sichuan in the context of Sichuan-Chongqing integration; Finally, countermeasure suggestions are made based on the opportunities and challenges of Chongqing expressways under the integration of Sichuan and Chongqing, which provide some reference values for decision-making bodies at Chongqing and Sichuan levels when formulating policies on expressway operation and management.

SOSIALISASI UU NO. 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN SEBAGAI UPAYA MENINGKATKAN KESADARAN BERLALU LINTAS BAGI PELAJAR

The World Health Organization (WHO) as an agency of the United Nations, noted that in Indonesia, traffic accidents are the third leading cause of death after coronary heart disease and tuberculosis (TB). It is recorded that around 1.2 million people die each year in traffic accidents. Traffic accidents are the leading cause of death for adolescents, aged 15 to 29 years. Of this number, 73% are dominated by teenage boys. The number of traffic accidents among adolescents can occur due to several factors, one of which is the lack of understanding of adolescents about the laws and regulations governing traffic problems. In Indonesia, there is a law that regulates traffic, namely Law no. 22 of 2009. An understanding of the substance of the Traffic Law is deemed necessary for teenagers, especially for those who are still in high school. Therefore, this activity is one of the means to minimize the death rate among teenagers caused by traffic accidents, by increasing the knowledge and understanding of teenagers about Traffic laws. It is hoped that a better understanding of the Traffic Law, can reduce the number of traffic accidents among teenagers. Broadly speaking, the implementation method in this activity can be divided into three stages, first, namely pre-activity which includes licensing activities, surveys, and program preparation. Second, implementation starts with giving questionnaires before and after lectures and lectures. Third, evaluation, which includes the preparation of reports. The results of this activity showed an increase in the understanding of service participants regarding the Traffic Law and the forms of violations regulated in it.
 Keywords: Traffic Violations, Sanctions, Traffic and Highway Laws, Youth

Drivers’ self-perceptions about being an eco-driver according to their concern for the environment, beliefs on eco-driving, and driving behavior

Technological progress has allowed motorized transportation to make a step toward more sustainable mobility but remains one of the main causes of air pollution in France. One way to help reduce the detrimental impact of motorized road transportation is to lead drivers, particularly car-dependent ones, to adopt eco-driving. However numerous drivers do not abide by highway laws or display driving-anger behaviors, which are in opposition to eco-driving. Unfortunately, few people practice eco-driving and many new adopters often have trouble maintaining this driving style. What is more, most studies on this issue have focused on eco-driving gains, the ability of people to put it into effect, and/or the continuous decline in the number of people who practice eco-driving. They usually do not take into account people’s self-perceptions about their driving style, nor the associated beliefs. The aim of the present self-report study was twofold: identify drivers’ self-perceptions about being an eco-driver, and determine how these self-perceptions about being an eco-driver or not are linked to eco-driving-friendly behaviors, levers favoring eco-driving (concern for the environment), and brakes on eco-driving (driving anger and road violations), according to gender. An online survey was carried out with 300 French drivers (127men) ages 19–83. In our sample, 11.3% of the drivers said they felt they were eco-drivers (G1); 50% said they feel trying to eco-drive (G2); 9.7% said they had never heard of eco-driving and 25% said they knew about eco-driving but didn’t do it (G3, felt they were not eco-driver), and 4% said they felt they had abandoned eco-driving (G4). The differences between the first three groups (G1vs. G2/G3) were in line with their eco-driving self-perceptions: G1 had higher scores on three eco-driving-friendly behavior scale components and on environmental conservation, and lower scores on one factor of the driving-anger scale. Also in line with the groups’ eco-driving self-perceptions, G2’s scores were higher than G3’s scores on one eco-driving friendly behavior component. A gender-by-group interaction was found for G1vs. G3 on one eco-driving friendly behavior component, with a larger increase in the men’s than the women’s scores on eco-driving self-perceptions. Finally, violation scores, once again, were higher for men than for women on the speed and anger subscales. The findings of this study are discussed with respect to improving eco-driving learning.

Exploring the effects of state highway safety laws and sociocultural characteristics on fatal crashes

ABSTRACTObjective: Distinguished from the traditional perspectives in crash analyses, which examined the effects of geometric design features, traffic factors, and other relevant attributes on the crash frequencies of roadway entities, our study focuses on exploring the effects of highway safety laws, as well as sociocultural characteristics, on fatal crashes across states.Methods: Law and regulation related data were collected from the Insurance Institute for Highway Safety, State Highway Safety Offices, and Governors Highway Safety Association. A variety of sociodemographic characteristics were obtained from the U.S. Census Bureau. In addition, cultural factors and other attributes from a variety of resources are considered and incorporated in the modeling process. These data and fatal crash counts were collected for the 50 U.S. states and the District of Columbia and were analyzed using zero-truncated negative binomial (ZTNB) regression models.Results: The results show that, in law and regulation–related factors, the use of speed cameras, no handheld cell phone ban, limited handheld cell phone ban, and no text messaging ban are found to have significant effects on fatal crashes. Regarding sociocultural characteristics, married couples with both husband and wife in the labor force are found to be associated with lower crash frequencies, the ratios of workers traveling to work by carpool, those driving alone, workers working outside the county of residence, language other than English and limited English fluency, and the number of licensed drivers are found to be associated with higher crash frequencies.Conclusions: Through reviewing and modeling existing state highway safety laws and sociocultural characteristics, the results reveal new insights that could influence policy making. In addition, the results would benefit amending existing laws and regulations and provide testimony about highway safety issues before lawmakers consider new legislation.

Analyzing the effectiveness of implemented highway safety laws for traffic safety across U.S. states

ABSTRACTSince highway safety laws vary greatly from state to state in the U.S., there is a need to analyze the effectiveness and performances of the implemented highway safety laws. The random-parameter zero-truncated negative binomial (RZTNB) models are proposed to analyze the effects of highway safety laws on fatal crashes at state levels. The results show that the proposed models are useful in describing the relationships between the fatal crashes and the explanatory variables with better goodness of fit. By accounting for the heterogeneities, the RZTNB model outperforms the negative binomial model and reveals new insights. The findings indicate that (1) compared to the secondary ban, the primary handheld cellphone ban is more effective; (2) establishing reasonable and acceptable speed limits can enhance the traffic safety; and (3) the implemented speed camera system and ignition interlock device have weaknesses and alternative methods should be considered when upgrading laws and regulations.

Active transportation: Do current traffic safety policies protect non-motorists?

ObjectiveThis study investigated the impact that state traffic safety regulations have on non-motorist fatality rates. MethodsData obtained from the National Highway Traffic Safety Administration (NHTSA), the Federal Highway Administration (FHWA), and the National Institute on Alcohol Abuse and Alcoholism (NIAAA) were analyzed through a pooled time series cross-sectional model using fixed effects regression for all 50 states from 1999 to 2009. Two dependent variables were used in separate models measuring annual state non-motorist fatalities per million population, and the natural log of state non-motorist fatalities. Independent variables measuring traffic policies included state expenditures for highway law enforcement and safety per capita; driver cell phone use regulations; graduated driver license regulations; driver blood alcohol concentration regulations; bike helmet regulations; and seat belt regulations. Other control variables included percent of all vehicle miles driven that are urban and mean per capita alcohol consumption per year. ResultsNon-motorist traffic safety was positively impacted by state highway law enforcement and safety expenditures per capita, with a decrease in non-motorist fatalities occurring with increased spending. Per capita consumption of alcohol also influenced non-motorist fatalities, with higher non-motorist fatalities occurring with higher per capita consumption of alcohol. Other traffic safety covariates did not appear to have a significant impact on non-motorist fatality rates in the models. ConclusionOur research suggests that increased expenditures on state highway and traffic safety and the initiation/expansion of programs targeted at curbing both driver and non-motorist intoxication are a starting point for the implementation of traffic safety policies that reduce risks for non-motorists.

Artere Urbane: Tre Diversi Esperimenti Nelle Citta Americane (Urban Freeway Decisions: Different Outcomes and Explanations in Three American Cities)

Using three case studies, Syracuse New York, Memphis Tennessee and, Interstate 105 in Los Angeles, I trace the changing regulatory environment for decision-making on interstate highway construction within inner cities in the United States. Syracuse saw construction before the evolution of a modern environmental, historical, transportation and housing law; in Memphis the freeway was stopped by citizen actions resulting in judicial interpretations of federal highway law; and the Los Angeles resolution was molded by a consent decree entered after a law suit brought by a new public interest law firm.

Twists and Turns in Ancient Roads: As Unidentified Corridors Become a Reality in 2010, Act 178's Shortcomings Come into Focus

Act 178 is a Vermont law passed in 2006 to resolve Vermont’s ancient roads problem: the problem of legal highways that fell into disuse, were largely invisible to an observer on the ground, and increasingly clouded landowner’s titles. On its face, Act 178’s solution seems simple: by 2010, towns must map the ancient roads they wish to preserve; in 2010, unmapped ancient roads become Unidentified Corridors; and in 2015, Unidentified Corridors are discontinued – seemingly ending the ancient roads problem. Many ancient roads were mapped by the 2010 deadline, and will therefore be preserved by towns while putting landowners on notice about the roads’ existence. However, as Unidentified Corridors become a reality in 2010, new problems with Act 178 are coming into focus. Act 178’s Unidentified Corridor provisions fail to achieve the legislature’s goal to provide a comprehensive solution to ancient roads. Rights like prescriptive public easements, private rights of access, trails, and “clearly observable” highways appear to fall outside the statutory definition of Unidentified Corridors and therefore likely constitute ancient roads that will survive despite the Act. Furthermore, the statutory language allowing a town to reclassify an Unidentified Corridor into a permanent class of road may inadvertently lead to invalid unconstitutional takings which require towns to pay compensation to landowners. In its Unidentified Corridor provisions, Act 178 therefore fails landowners that should be able to rely on the Act to extinguish ancient roads that may now be clouding their titles. Similarly, the Act fails towns that should be able to rely on it to systematically discontinue the ancient roads they do not want, while preserving those they do want. This article analyzes these lurking shortcomings in Act 178’s Unidentified Corridor provisions that take effect in 2010. It does so in three parts. First, is a background of the statutes and common law that together make up Vermont highway law. Second, is a discussion of the ancient roads problem in Vermont and how Act 178 purports to solve the problem. Finally, third, is an analysis of how Act 178’s Unidentified Corridor provisions fail to fully resolve the ancient roads problem and thus fail to achieve the purpose of the Act.

2006 ENA National Scorecard on State Highway Laws: A Road Map for Injury Prevention

Ninety-five percent of all transportation-related deaths and 99% of all transportation-related injuries occur as a result of motor vehicle crashes (MVCs).1 Even more alarming is the fact that MVCs continue to be the leading cause of death for U.S. children who are 3 years old and for persons of every age from 5 to 33 years.1

2006 ENA National Scorecard on State Highway Laws: A Road Map for Advocacy

This article discusses the release of the 2006 Emergency Nursing Advocacy (ENA) National Scorecard on State Highway Laws (NSSHL), which distinguished the ENA as the first nursing organization to conduct an outreach effort designed to reach lawmakers, via the public, in all 50 states and the District of Columbus. The NSSHL was envisioned to enhance ENA's mission aimed at reducing the number of preventable injuries and deaths by raising awareness and promoting healthy behaviors through public education and legislative advocacy. The scorecard considers 5 issue areas, four of which involved traffic safety laws that promote injury prevention: Primary Enforcement Seatbelt Law, Child Passenger Safety Law, Graduated Driver Licensing (GDL), and Universal/All-Rider Motorcycle Helmet Law; the fifth issue addressed the capacity for establishing a statewide trauma system for responding to injuries. The article focuses on the use of advocacy to further promote public safety in this area of preventable injury. The author provides ideas to spark ENA members' imaginations for thoughtfully engaging and participating in the advocacy and decision-making process.

Traffic Safety Diagnostics and Application of Countermeasures for Rural Roads in Burkina Faso

The government of Burkina Faso has recently been making important macroeconomic changes to encourage the economic growth of the country. To maintain this growth, the government has implemented a transportation program to improve road network efficiency and safety. A 2000 study to improve the safety of rural roads in Burkina Faso is described. The primary objectives were to assess traffic safety problems and propose countermeasures to reduce the number and severity of collisions on rural roads. Many rural roads were evaluated on site; all accident data and important socioeconomic variables were collected; and key staff members from various governmental and private agencies were interviewed. The study has shown that traffic safety problems in Burkina Faso are multidimensional, involving inefficient traffic safety management and policy, inadequate road networks, untrained drivers, and defective vehicles. Several traffic safety countermeasures have been proposed for immediate, short-, and long-term application. The most important countermeasures are to create a new institutional framework for improving traffic safety management and train the key personnel responsible for implementing these countermeasures. For the short term, the counter-measures mainly relate to roadway infrastructure improvements and better enforcement tools. For the long term, the countermeasures include a review of current highway traffic laws and their application, evaluation of existing countermeasures, and driver training improvement.

Taxing Booze for Health and Wealth

Alcohol, taken in moderation, may be beloved of poets1 and even of physicians,2 but the costs of excess are truly astonishing. Alcohol figures in 100,000 to 200,000 American deaths a year;3 directly and indirectly it burdens society to the tune of some $120 billion annually.4 Drinking-driving tragedies make the most news, but alcohol is also less noticably implicated in half or more of all drownings, child and wife abuse, rapes, and homicides. Physiologically, alcohol affects almost every organ and, in sufficient quantity, causes brain damage, liver cirrhosis, birth defects, heart disease, and cancers of the liver, mouth, throat, esophagus, and larynx. Even short of death, overuse can cause broken families, school failures, lost productivity, considerable medical expenses, and career upheaval. It is no surprise, then, that most experts consider alcohol the number-one drug problem in America.5 A variety of efforts are addressing these problems, from highway law enforcement to on-the-job rehabilitation for problem drinkers. One method of combating alcohol problems-probably the most powerful-began to receive adequate attention from policy makers only recently. In this article I argue that a well-established federal tool-excise taxationis an effective, nonintrusive, easily implemented, fair, and remunerative means of preventing alcohol harm. Policy analysts have laid the intellectual groundwork showing that taxation works as intended, contrary to the facile argument that drinkers will drink regardless of price; they have also petitioned Congress rather dramatically for change.

Scenic and recreational highway study for the state of Washington

Abstract This study, undertaken for the Legislative Transportation Committee of the State of Washington, redefines the concept of the scenic and recreational highway system in that state. It develops criteria for measuring the quality of scenic and recreational resources along state highways, applies these criteria to the development of alternative plans for the system, and proposes means for the implementation of the plan adopted by the legislative committee. A noncontinuous system of existing state routes was examined, both scenic and recreational components being considered equally. Existing scenic highway laws and regulations, resource evaluation criteria and scenic systems in other states are reviewed, goals for the system are defined and alternative policies examined. A random survey of state citizens' views on a scenic and recreational highway system is summarized. The field survey method is given. Alternative plans are described based on a systematic evaluation of resources within route segments determined by physiographic unity, using the clearly defined criteria to establish within each segment the quality of its resources, their ecological sensitivity and the pressures of demand upon them. The recommended plan is 1,479 miles (2,366 km) long. All segments are separately prioritized for management, the scenic portions for conservation and enhancement and the recreational portions for recreational development.

Scenic and recreational highway study for the state of Washington

This study, undertaken for the Legislative Transportation Committee of the State of Washington, redefines the concept of the scenic and recreational highway system in that state. It develops criteria for measuring the quality of scenic and recreational resources along state highways, applies these criteria to the development of alternative plans for the system, and proposes means for the implementation of the plan adopted by the legislative committee. A noncontinuous system of existing state routes was examined, both scenic and recreational components being considered equally. Existing scenic highway laws and regulations, resource evaluation criteria and scenic systems in other states are reviewed, goals for the system are defined and alternative policies examined. A random survey of state citizens' views on a scenic and recreational highway system is summarized. The field survey method is given. Alternative plans are described based on a systematic evaluation of resources within route segments determined by physiographic unity, using the clearly defined criteria to establish within each segment the quality of its resources, their ecological sensitivity and the pressures of demand upon them. The recommended plan is 1,479 miles (2,366 km) long. All segments are separately prioritized for management, the scenic portions for conservation and enhancement and the recreational portions for recreational development.

Book Notes

Book review in this Article Regional Government for North‐East England Tyneside Fabian Society Encyclopedia of Highway Law and Practice General Editor: C. A. Cross. Federalism in India Asok Chanda.

Photogrammetry and Highway Law

The increasing number of land measurement transactions for various government projects has caused the development of photogrammetry as a method of land measurement. One of the problems of this development has been the admissibility of photogrammetrically prepared exhibits into court and other legal proceedings. Demonstrative evidence, particularly in the form of aerial photographs and other photogrammetrically prepared exhibits, has great potential in the field of eminent domain. Research of the relevant case law indicates that admissibility of demonstrative evidence generally has been a question for the discretion of the trial judge in any given litigation. The use of photogrammetry will increase as its possibilities become evident and as legislatures revise their statutes to recognize photogrammetry as a metrical science.

The Law Must Hurry to Catch Up

Following World War II the need for highway improvement came into such prominence that it could not be ignored. Today, under the expanded federal-aid program, we are building the highways we need for years to come. The danger here lies in trying to superimpose new and ultramodern facilities on what is hardly more than a "horse-and-buggy" governmental structure for regulation and control of highway use. It is important that states now turn their attention to the operational problems posed by these new facilities—and especially those which are certain to be created by the increased traffic demands of the future. A first approach to this is mod ernization of the laws on which are based all state functions bearing on motor vehicle ownership and use. Only by long- range factual study of functions involved can we hope to provide sound foundations and guidance for legislative action. A movement to evaluate state highway laws in light of the new huge construction program has been underway for some time, and already is proving its value. So far, only one state has directed comparable attention to laws regulating and controlling motor vehicle and highway use. This pioneering study effort is underway now in Minnesota. Other states are beginning to move in that direction, to the end that use of new roads and streets might be safer and more efficient.

Some Points of Highway Law. ["Macmorran"] (Book Review)

Some Points of Highway Law. ["Macmorran"] (Book Review)

Torts. Responsibility of Owner of Automobile for Negligence of Co-Owner. Effect of Highway Laws

Torts. Responsibility of Owner of Automobile for Negligence of Co-Owner. Effect of Highway Laws

Automobiles. Joint Ownership. Liability of Co-Owner under 282-e of the New York Highway Law

Automobiles. Joint Ownership. Liability of Co-Owner under 282-e of the New York Highway Law