The Federal Highway Administration (FHWA) granted a repeal last week of a 103-year-old federal procurement rule that the American Road & Transportation Builders Association (ARTBA) filed a formal petition to repeal in March 2018.
The repealed rule prohibited state and local governments from using patented or proprietary products on highway and bridge products that receive federal funding, save under limited exceptions. ARTBA claims the change will encourage new technology, save lives, reduce congestion, and improve highway performance.
“This archaic regulation was a roadblock to innovation,” ARTBA President and CEO Dave Bauer said. “The status quo is the only thing that should be off the table as we seek to deliver and fund transportation solutions.”
The FHWA seemingly agreed, with its decision labeling the aging rule a “barrier to innovation in highway technology.” With the decision now in place, the FHWA can allow states to use federal highway funds on various patented and proprietary road and bridge technologies, such as reflective road dividers, collapsible traffic signs and road barriers on wheels.
“This is only the first step in an important process,” Bauer said. “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.”