Recommendation: The Administrator of NHTSA should document an evaluation plan for the Crash Injury Research and Engineering Network pedestrian pilot program that includes criteria for determining whether and how to scale the pilot program to ensure that the piloted data-collection and analysis procedures will address NHTSA's data needs related to pedestrian injuries and vehicle characteristics. (Recommendation 1)

Agency: Department of Transportation: National Highway Traffic Safety Administration
Status: Open

Comments: As of July 2020, NHTSA reported that it plans to develop an evaluation plan for the CIREN pedestrian pilot program by April 30, 2021 to inform decisions about further investigative pedestrian crash studies. According to NHTSA this plan will address research needs categorized as either crash worthiness, crash avoidance, or behavioral in nature, and will include criteria for investigative study elements and the scope or scalability of those studies. NHTSA also reported that in developing the evaluation plan it will consider input from stakeholders, including the first-hand experience from the CIREN pilot study sites. GAO will continue to monitor NHTSA's progress in addressing this recommendation.

Recommendation: The Administrator of NHTSA should document the overall process for making changes to NCAP, including established criteria and milestones for decisions, and share this process with external stakeholders. (Recommendation 2)

Agency: Department of Transportation: National Highway Traffic Safety Administration
Status: Open

Comments: In July 2020, NHTSA reported that it is developing proposed updates to NCAP, which it plans to publish in a notice in the Federal Register by the end of 2020. According to NHTSA this notice will clarify the process by which NHTSA updates NCAP, and after receiving and responding to comments, NHTSA plans to update its website to provide information to stakeholders on how the agency considers and finalizes changes to NCAP. GAO will continue to monitor NHTSA's actions to address this recommendation.

Recommendation: The Administrator of NHTSA should decide whether to include pedestrian safety tests in NCAP and NHTSA should communicate this decision and rationale to relevant stakeholders and the public. (Recommendation 3)

Agency: Department of Transportation: National Highway Traffic Safety Administration
Status: Open

Comments: In July 2020, NHTSA reported that it is developing its proposal on planned changes to NCAP, which is expected to include pedestrian safety tests, and is working to publish a notice to the Federal Register by the end of 2020. According to NHTSA, this process will include receiving public comment on the proposal, which the agency will consider in deciding and communicating NHTSA's next stages. As stated in GAO's report, in the absence of a decision on whether to include pedestrian safety testing in NCAP, and the rationale for that decision, stakeholders lack clarity on whether NHTSA is using all of the policy tools at its disposal to address emerging safety risks and to achieve its strategic objectives. GAO will continue to monitor NHTSA's efforts to address this recommendation.

Recommendation: The Chairman of the Board should require the Safety Recommendation and Communication team to fully document its evaluations when assessing items to propose for Most Wanted List consideration (Recommendation 1).

Agency: National Transportation Safety Board
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Chairman of the Board should take steps to publicly and fully communicate the selection rationale, such as including why NTSB believes an issue is "ripe for action" to its documentation on its website (Recommendation 2).

Agency: National Transportation Safety Board
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The NHTSA Administrator should provide direction and clarification to states to ensure compliance with requirements to assess and report progress made in achieving fatality targets. (Recommendation 1)

Agency: Department of Transportation: National Highway Traffic Safety Administration
Status: Open

Comments: As of January 2020, NHTSA told GAO that they had emailed all State Highway Safety Offices in November 2019 to clarify the requirements for states to assess their progress made in achieving fatality targets. NHTSA also told GAO that they plan to conduct a national webinar for State Highway Safety Offices to provide direction on performance management requirements by July 2020. GAO will continue to monitor NHTSA's implementation of this recommendation.

Recommendation: The NHTSA Administrator should develop and implement a mechanism that communicates to Congress and other stakeholders whether states achieve their fatality and serious injury targets. (Recommendation 2)

Agency: Department of Transportation: National Highway Traffic Safety Administration
Status: Open

Comments: In April 2020, GAO confirmed that NHTSA published each state's required safety targets from calendar year 2020 on it website. NHTSA told GAO that it plans to provide performance data on state's achievement of their 2020 targets on its website when data becomes available in the fall of 2021, and complete implementation of this recommendation in 2022. GAO will continue to monitor NHTSA's implementation of this recommendation.

Recommendation: The Administrator of the National Highway Traffic Safety Administration should recommend to the expert panel of the Model Minimum Uniform Crash Criteria to update the Criteria to provide a standardized definition of underride crashes and to include underride as a recommended data field. (Recommendation 1)

Agency: Department of Transportation
Status: Open

Comments: In the 180-day letter GAO received on July 15, 2019, DOT concurred with this recommendation. DOT also noted that NHTSA will recommend a crash underride data element for inclusion in the Model Minimum Uniform Crash Criteria 6th Edition, tentatively scheduled for issuance in the summer of 2020.

Recommendation: The Administrator of the National Highway Traffic Safety Administration should provide information to state and local police departments on how to identify and record underride crashes. (Recommendation 2)

Agency: Department of Transportation
Status: Open

Comments: In the 180-day letter GAO received on July 15, 2019, DOT concurred with this recommendation. DOT also noted that NHTSA--as well as FMCSA--will develop informational materials for state and local police departments that educate end users, such as police officers, on how to identify and record underride crashes. DOT plans to post the training materials on NHTSA's and FMCSA's public websites by the fall of 2021.

Recommendation: The Administrator of the Federal Motor Carrier Safety Administration should revise Appendix G of the agency's regulations to require that rear guards are inspected during commercial vehicle annual inspections. (Recommendation 3)

Agency: Department of Transportation
Status: Open

Comments: In the 180-day letter GAO received on July 15, 2019, DOT concurred with this recommendation. DOT noted that FMCSA initiated a rulemaking to include rear impact guards on the list of items that must be examined as part of the required annual inspection of commercial motor vehicles. DOT added that the rulemaking would ensure that vehicles with missing or damaged rear guards would not satisfy the annual inspection criteria. FMCSA expects to publish a notice of proposed rulemaking in February 2020.

Recommendation: The Administrator of the National Highway Traffic Safety Administration should conduct additional research on side underride guards to better understand the overall effectiveness and cost associated with these guards and, if warranted, develop standards for their implementation. (Recommendation 4)

Agency: Department of Transportation
Status: Open

Comments: In the 180-day letter GAO received on July 15, 2019, DOT concurred with this recommendation. DOT noted that NHTSA is conducting a review of police accident reports of light vehicle crashes into the side of trailers in order to (1) estimate the number of fatalities from side underride crashes and (2) understand the effectiveness of side underride guards in preventing and mitigating the severity of side underride crashes. NHTSA then plans to conduct an analysis of the impacts of requiring side underride guards on trucks and trailers. NHTSA plans to complete these analyses by September 2020.

Recommendation: The Administrator of FHWA, working with FRA, should evaluate the Section 130 Program's requirements to determine whether they allow states sufficient flexibility to adequately address current and emerging grade-crossing safety issues. As part of this evaluation, FHWA should determine whether statutory changes to the program are necessary to improve its effectiveness. (Recommendation 1)

Agency: Department of Transportation: Federal Highway Administration
Status: Open

Comments: In June 2020, the Federal Highway Administration (FHWA) completed a summary report, in cooperation with the Volpe National Transportation Systems Center, on stakeholder views of the Section 130 program requirements. As part of this evaluation, Volpe obtained feedback from stakeholders about their experience with the program requirements and their views on the flexibility of the requirements to address current and emerging grade-crossing safety issues. The report also contained a literature review. On August 17, 2020, FHWA reported to GAO that FHWA will continue to explore what statutory changes may be appropriate during the upcoming reauthorization cycle. The recommendation remains open because FHWA has not yet determined whether statutory changes to the program are necessary to improve its effectiveness. GAO will continue to monitor FHWA's efforts to implement this recommendation.

Recommendation: To determine whether CSA interventions influence motor carrier safety performance, the Secretary of Transportation should direct the FMCSA Administrator to identify and implement, as appropriate, methods to evaluate the effectiveness of individual intervention types or common intervention patterns to obtain more complete, appropriate, and accurate information on the effectiveness of interventions in improving motor carrier safety performance. In identifying and implementing appropriate methods, FMCSA should incorporate accepted practices for designing program effectiveness evaluations, including practices that would enable FMCSA to more confidently attribute changes in carriers' safety behavior to CSA interventions.

Agency: Department of Transportation
Status: Open

Comments: FMCSA has reviewed the methodology for its effectiveness model and identified many of the same limitations GAO discussed in its report. FMCSA also identified several approaches to address these limitations, including modifying its model to measure individual intervention types. However, as of July 2020, FMCSA had not implemented any of its proposed approaches.

Recommendation: To enable FMCSA management to monitor the agency's progress in achieving its effectiveness and efficiency outcomes for CSA interventions and balance priorities, the Secretary of Transportation should direct the FMCSA Administrator to establish and use performance measures to regularly monitor progress toward both FMCSA's effectiveness outcome and its efficiency outcome.

Agency: Department of Transportation
Status: Open

Comments: The Federal Motor Carrier Safety Administration (FMCSA) plans to establish an inventory of effectiveness and efficiency measures and monitor performance on an ongoing basis. FMCSA is working to modify its model to measure the effectiveness of individual intervention types. However, as of July 2020, it had not implemented any of its proposed modifications.

Recommendation: To promote the transition to improved crash test standards, to strengthen FHWA's oversight of the roadside safety hardware's crash-testing process, and to make more information available to states and industry on how roadside safety hardware performs in actual conditions, the Secretary of Transportation should direct the Administrator of FHWA to provide additional guidance to crash test labs and accreditation bodies to ensure that labs have a clear separation between device development and testing in cases where lab employees test devices that were developed within their parent organization.

Agency: Department of Transportation
Status: Open

Comments: As of January 2020, FHWA has not determined what actions, if any, it plans to take to address this recommendation. During 2019, FHWA officials stated that the agency was planning, in consultation with state departments of transportation, to establish a mechanism for third party verification of results from crash-test labs. The initial plan was to work with an outside organization that would assume responsibility for third party verification by mid to late 2020. This outside organization was to be responsible for developing guidelines with respect to lab independence and dealing with cases where a testing lab and a hardware developer are owned by the same parent company. According to FHWA officials, while the agency engaged with two outside organizations, it has not been able to establish a mechanism for third party verification of results through an outside organization and is considering additional options. As a result, FHWA is re-evaluating actions to address this recommendation.

Recommendation: To promote the transition to improved crash test standards, to strengthen FHWA's oversight of the roadside safety hardware's crash-testing process, and to make more information available to states and industry on how roadside safety hardware performs in actual conditions, the Secretary of Transportation should direct the Administrator of FHWA to develop a process for third-party verification of results from crash-test labs.

Agency: Department of Transportation
Status: Open

Comments: As of January 2020, FHWA has not determined what actions, if any, it plans to take to address this recommendation. During 2019, FHWA officials stated that the agency was planning, in consultation with state departments of transportation, to establish a mechanism for third party verification of results from crash-test labs. The initial plan was to work with an outside organization that would assume responsibility for third party verification by mid to late 2020. According to FHWA officials, while the agency engaged with two outside organizations, it has not been able to establish a mechanism for third party verification of results through an outside organization and is considering additional options. As a result, FHWA is re-evaluating actions to address this recommendation.

Recommendation: To promote the transition to improved crash test standards, to strengthen FHWA's oversight of the roadside safety hardware's crash-testing process, and to make more information available to states and industry on how roadside safety hardware performs in actual conditions, the Secretary of Transportation should direct the Administrator of FHWA to support additional research and disseminate results on roadside safety hardware's in-service performance, either as part of future phases of FHWA's current pilot study on guardrail end terminals' performance or as part of FHWA's broader research portfolio.

Agency: Department of Transportation
Status: Open

Comments: As of January 2020, FHWA officials stated that the agency expects the pilot program report to be issued in December 2020, but it will not report results because the sample sizes were too small. In addition, officials told us that no further research into in-service performance evaluations are planned.

Recommendation: In order to provide states with greater flexibility to pursue a range of strategies to address the various factors contributing to motorcycle crashes and fatalities, Congress should consider allowing states to use the Motorcyclist Safety Grants for purposes beyond motorcyclist training and raising motorist awareness of motorcycles.

Agency: Congress
Status: Open

Comments: As of September 2020, Congress has taken no action to implement this matter. GAO will continue to monitor Congressional action related to this matter to determine if either an extension or reauthorization of the current surface transportation program includes changes that would allow states to use the Motorcyclist Safety Grants for purposed beyond motorcyclist training and raising motorist awareness of motorcycles.

Recommendation: In order to develop an approach to decision making and the development of evidence on high-clockspeed trends affecting highway safety that are characterized by uncertainty, the Secretary of Transportation should consider and evaluate practices and principles for making decisions under conditions of uncertainty and for using data in such decision making and, on that basis, develop an approach to guide decision making on high-clockspeed trends that, although somewhat uncertain, may affect highway safety.

Agency: Department of Transportation
Status: Open

Comments: In GAO-09-56, GAO recommended the Secretary of Transportation consider and evaluate practices and principles for making conditions under uncertainty and for using data in light of issues encountered in developing evidence on high-clockspeed trends affecting highway safety that are characterized by uncertainty. GAO had studied driver distraction involving electronic devices, in particular cell phones with texting capability and identified these evolving electronic devices as a high clockspeed trend. DOT reports several actions on distracted driving, specifically: (1) an Executive Order to federal employees not to engage in text messaging while driving government-owned vehicles; when using electronic equipment supplied by the government while driving; or while driving privately owned vehicles when they are on official business; (2) the Secretary called on state and local governments to (a) make distracted driving part of their state highway plans, (b) pass state and local laws against distracted driving in all types of vehicles, (c) back up public awareness campaigns with high-visibility enforcement actions; (3) the Secretary directed the Department to establish an on-line clearinghouse on the risks of distracted driving and also (4) pledged to continue the Department's research on how to best combat distracted driving. DOT also notes that the Department's www.distraction.gov website provides information on the latest data on distracted driving and that 34 states have passed laws against texting and driving since the 2009 announcement by the Secretary of DOT.

Recommendation: The Secretary of Transportation should evaluate whether or not new approaches to data collection are needed to better track new trends related to highway safety.

Agency: Department of Transportation
Status: Open

Comments: DOT has not responded to this recommendation.

Recommendation: In order to improve the information available to the Congress for reauthorization, the Secretary of Transportation should analyze and report on trends currently anticipated to affect highway safety through 2020 and beyond in a systematic fashion--including information on high-clockspeed trends, discussion of evidence about these and other individual trends, their implications and potential interactions, and DOT responses.

Agency: Department of Transportation
Status: Open

Comments: DOT has not responded to this recommendation, but DOT announced a distracted driving summit September 30-October 1, 2009, with a limited number of invitees, and invited the GAO Assistant Director on this report to participate. U.S. Transportation Secretary Ray LaHood stated that the purpose of the summit is to "to address the dangers of text-messaging and other distractions behind the wheel." The summit will include "senior transportation officials, elected officials, safety advocates, law enforcement representatives and academics" who will convene in Washington, DC "to discuss ideas about how to combat distracted driving."

Recommendation: In order to improve the information available to the Congress for reauthorization, the Secretary of Transportation should determine, in consultation with relevant congressional committees, schedules for periodic reporting that will be sufficiently frequent to update the Congress on fast-changing trends.

Agency: Department of Transportation
Status: Open

Comments: DOT has not responded to this recommendation.

Recommendation: To improve the effectiveness of the federal investment in surface transportation, meet the nation's transportation needs, and ensure a sustainable commitment to transportation infrastructure, Congress may wish to consider reexamining and refocusing surface transportation programs to be responsive to these principles so that they institute tools and approaches to that emphasize the return on the federal investment.

Agency: Congress
Status: Open

Comments: As of November 2019, Congress has not yet acted on this recommendation. The Fixing America's Surface Transportation Act (FAST Act; P.L. 114-94), signed into law in December 2015, is due to be reauthorized in fiscal year 2021.

Recommendation: To improve the effectiveness of the federal investment in surface transportation, meet the nation's transportation needs, and ensure a sustainable commitment to transportation infrastructure, Congress may wish to consider reexamining and refocusing surface transportation programs to be responsive to these principles so that they address the current imbalance between federal surface transportation revenues and spending.

Agency: Congress
Status: Open

Comments: As of November 2019, Congress has not yet acted on this recommendation. The Fixing America's Surface Transportation Act (FAST Act; P.L. 114-94), signed into law in December 2015, did not address the current imbalance between federal surface transportation revenues and spending. The Act is due to be reauthorized in fiscal year 2021.