Monday, April 11, 2011
 

AASHTO thinks bike/ped facilities requirement is "undue burden on states"

At last year's National Bike Summit USDOT Secretary LaHood announced new Federal policy recommendations to state DOT's to ensure that bicyclists and pedestrians are treated as equals with other transportation modes. See our earlier blog entry about the announcement.

Now the American Association of State Highway Transportation Officials (AASHTO) thinks that this requirement is an "undue burden on states." From a supplement to an April 1 letter from AASHTO to USDOT:
The law clearly states that bicycle and pedestrian facilities shall be considered where appropriate. However, FHWA guidance has embellished the law from "consider where appropriate" to a must include condition unless not doing so can be justified. Furthermore, it states that "there must be exceptional circumstances" for not providing such facilities. This regulation presents an undue burden on states to justify exceptional circumstances when not including provisions for bicyclists and pedestrians in a project.

Recommendation: FHWA should rescind their guidance on the meaning of "due consideration."
AASHTO doesn't say why this is an undue burden.

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