New procurement rules for US roads will boost innovation

The Federal Highway Administration (FHWA) in the US has repealed a 103-year-old federal procurement rule.
September 27, 2019 Read time: 2 mins

The 2410 Federal Highway Administration (FHWA) in the US has repealed a 103-year-old federal procurement rule. According to the 920 American Road & Transportation Builders Association (ARTBA), this should spur deployment of new technologies to help save lives, minimise congestion and improve the performance of the nation’s highways,

The FHWA rescinded 23 CFR 635.411 (commonly known as the “proprietary products rule”), a federal regulation that prohibits state and local governments from using patented or proprietary products on highway and bridge projects that receive federal funding. The rule was adopted in 1916 by the US Department of Agriculture, which then managed the emerging federal-aid highway program.

 ARTBA formally petitioned the 2364 US Department of Transportation (US DOT) in March 2018 seeking repeal. In response, the agency issued a “Notice of Proposed Rulemaking” in November 2018.

“This archaic regulation was a roadblock to innovation,” ARTBA president & CEO Dave Bauer explained. “The status quo is the only thing that should be off the table as we seek to deliver and fund transportation solutions.”

 In its decision, FHWA characterised the rule as a “barrier to innovation in highway technology” and noted that its repeal “best provides State DOTs [Departments of Transportation] greater flexibility to use innovative technologies in highway transportation.”

The FHWA action will free up states to use federal highway funds on a host of patented or proprietary road and bridge technologies that can help deliver a safer and more efficient roadway system for motorists and businesses. These include reflective road lane dividers that deter tired motorists from drifting into oncoming traffic, traffic signs that minimise injury by collapsing at the slightest impact and road barriers on wheels that provide physical but movable walls between traffic and construction workers.  

“This is only the first step in an important process,” Bauer noted. “We must continue to explore how best to integrate new technologies into the transportation marketplace and ensure that new, beneficial ideas are not prevented from reaching the driving public. At the same time, we have confidence transportation agencies will work to protect the integrity of procurement processes in their respective states,” Bauer said.

ARTBA was assisted in the petition action by the Washington, DC, law firm, Venable, LLP.  The Venable team was led by former US Secretary of Transportation James Burnley.

Related Content

  • No flash in the pan
    August 13, 2012
    Carmanah Technologies Corporation claims its new R920 Rectangular Rapid Flashing Beacon (RRFB) has features proven to significantly improve crosswalk safety. The pedestrian-activated system provides a high-intensity rapid flash pattern to alert vehicles approaching a crosswalk that pedestrians are present. The R920 RRFB Series adds to what Carmanah describes as its industry proven line of solar flashing beacons which have been successfully used by City, County, and DOT (Department of Transportation) Agencie
    Read More
  • Policy proposed for US on emissions
    July 5, 2012
    Stricter standards for particulate matter (PM) or soot proposed by the US Environmental Protection Agency (EPA) could endanger transportation improvements. That is the message from the American Road & Transportation Builders Association (ARTBA), which believes that the tougher PM standards could put federal highway funds in jeopardy. Marc Herbst, executive director of the Long Island Contractors’ Association (LICA) and chairman of ARTBA’s Council of State Executives, explained that EPA’s proposed new standa
    Read More
  • ARTBA calls for more bridge repairs in US
    February 18, 2016
    The American Road & Transportation Builders Association (ARTBA) is calling for more bridge repairs in the US. There are still too many structurally deficient bridges in the US according to a recent analysis. This report states that while there were 2,574 fewer structurally deficient bridges in 2015 compared to the number in 2014, there are still 58,500 on the structurally deficient list. Worse still, at the current pace of bridge investment it will take at least 21 years before these bridges are all replace
    Read More
  • Reducing congestion while maximising safety in road construction work zones
    April 30, 2015
    Mike Dreznes, executive vice president at the International Road Federation (IRF) discusses road safety for work zone areas. Work zones around the world can create significant congestion and can cost society billions of dollars. Estimates in the United States alone include approximately 87,600 work zone crashes involving 37,500 injuries that result in 482 million lost hours, valued at approximately US$6.5 billion. When considering these numbers worldwide, it becomes clear that work zone safety and work zone
    Read More

Highlighted Content