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The Federal Highway Administration (FHWA) in the US has repealed a 103-year-old federal procurement rule.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The 2410 Federal Highway Administration (FHWA) in the US has repealed a 103-year-old federal procurement rule.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The FHWA rescinded 23 CFR 635.411 (commonly known as the “proprietary products rule”), a federal regulation that prohibits state and local governments from using patented or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

  • Saving lives, funding roads the focus of IRF – RA Regional Conference in Sydney in May
    April 8, 2015
    Road safety, funding and financing will be among the key issues on the table at the inaugural IRF - Roads Australia Regional Conference for Asia and Australasia, to be held in Sydney from May 4th - 6th, 2015. The Conference coincides with UN Global Road Safety Week, with safer roads, worksites and driver behaviour being a central focus of discussions. Speakers from across the Asia Pacific are expected to share learnings and experiences in tackling regional road safety and the challenges and opportunities fo
    Read More
  • Top US industry figure welcomes movement on highway bill
    March 19, 2012
    A senior US construction association figure has praised congressional leaders for breaking the “logjam” over the introduction of a highway bill to generate jobs and improve transport infrastructure.
    Read More
  • Reauthorisation of US Federal Highway Programme
    May 15, 2014
    The Senate Environment & Public Works Committee in the US has approved a six-year reauthorisation of the federal highway programme. The move will be of major importance for the transportation construction industry, which has suffered from low levels of business in recent years. This six year package will provide a major stimulus to business for contractors and equipment firms alike, providing new jobs, as well as helping boost improvements to the US transportation network. The president of the American Roa
    Read More
  • FHWA offer US DOTs Dynatest 6875H highway friction tester demos
    April 8, 2014
    The Federal Highway Administration (FHWA) in the United States is offering demonstrations of its Dynatest 6875H Highway Friction Tester (HFT) to state departments of transportation (DOTs). The HFT is a self-contained testing vehicle that maps friction at one-foot intervals continuously along a pavement section. Agencies can use friction data provided by the HFT for both network-level and project-level applications. Continuous friction testing can improve agencies' ability to measure friction through inte
    Read More

Highlighted Content