Each State shall develop, establish, and implement, on a continuing basis, a TMS to be used for obtaining highway traffic data when:

The data are supplied to the U.S. Department of Transportation (U.S. DOT);

The data are used in support of transportation management systems;

The data are used in support of studies or systems which are the responsibility of the U.S. DOT;

The collection of the data is supported by the use of Federal funds provided from programs of the U.S. DOT;

The data are used in the apportionment or allocation of Federal funds by the U.S. DOT;

The data are used in the design or construction of an FHWA funded project; or

The data are required as part of a federally mandated program of the U.S. DOT.

The TMS for highway traffic data should be based on the concepts described in the American Association of State Highway and Transportation Officials (AASHTO) “AASHTO Guidelines for Traffic Data Programs” 4 and the FHWA “Traffic Monitoring Guide (TMG),” 5 and shall be consistent with the FHWA “Highway Performance Monitoring System Field Manual.” 6

4 AASHTO Guidelines for Traffic Data Programs, 1992, ISBN 1-56051-054-4, can be purchased from the American Association of State Highway and Transportation Officials, 444 N. Capitol Street, NW., Suite 249, Washington, D.C. 20001. Available for inspection as prescribed in 49 CFR part 7, appendix D.

5 Traffic Monitoring Guide, DOT/FHWA, publication No. FHWA-PL-95-031, February 1995. Available for inspection and copying as prescribed in 49 CFR part 7, appendix D.

6 Highway Performance Monitoring System (HPMS) Field Manual for the Continuing Analytical and Statistical Data Base, DOT/FHWA, August 30, 1993 (FHWA Order M5600.1B). Available for inspection and copying as prescribed in 49 CFR part 7, appendix D.

The TMS shall cover all public roads except those functionally classified as local or rural minor collector or those that are federally owned. Coverage of federally owned public roads shall be determined cooperatively by the State, the FHWA, and the agencies that own the roads.

The State's TMS shall apply to the activities of local governments and other public or private non-State government entities collecting highway traffic data within the State if the collected data are to be used for any of the purposes enumerated in § 500.203(a) of this subpart.

Procedures other than those referenced in this subpart may be used if the alternative procedures are documented by the State to furnish the precision levels as defined for the various purposes enumerated in § 500.203(a) of this subpart and are found acceptable by the FHWA.

Nothing in this subpart shall prohibit the collection of additional highway traffic data if such data are needed in the administration or management of a highway activity or are needed in the design of a highway project.

Transit traffic data shall be collected in cooperation with MPOs and transit operators.

The TMS for highways and public transportation facilities and equipment shall be fully operational and in use by October 1, 1997.