Amends TCA Title 39; Title 54 and Title 55.

This bill imposes the following requirements and penalties regarding crash cushions or guardrail end terminals:<br /> <br /> (1) All crash cushion or guardrail end terminals located on public roads, or highways, and maintained by the department of transportation must receive all applicable crash tests. These tests must be conducted in accordance with the standards established by the federal highway administration prior to installation;<br /> <br /> (2) A manufacturer requesting a crash cushion or guardrail end terminal be approved for use must submit to the department a written certification attesting that that crash cushion or guardrail end terminal has been tested in accordance with the standards established by the federal highway administration;<br /> <br /> (3) If a crash cushion or guardrail end terminal has been approved for use and the manufacturer makes a change to the item, its material makeup, or installation of the item after the date of the original crash tests conducted, the manufacturer must notify the department of the change. The crash cushion or guardrail end terminal must be removed and replaced until the manufacturer commits a retest and submits certification of that retesting to the department. An altered crash cushion or guardrail end terminal that does not meet the standard established by this bill must not be used on any public road or highway maintained by the department and must be removed and replaced. Failure to notify the department of a change will constitute a material change to the crash cushion or guardrail end terminal and the manufacturer will be subject to a civil penalty of at least $25,000 and not to exceed $100,000;<br /> <br /> (4) The commissioner of transportation may assess and collect a civil penalty of $10,000 from a manufacturer who violates the requirements imposed by this bill.<br /> <br /> (5) Manufacturers must notify the department of any inspection of the crash cushion or guardrail end terminal prior to the scheduled inspection. The manufacturers must also notify the department if an item requires repair; and<br /> <br /> (6) Within 60 days of the effective date of this bill, the department must notify each manufacturer of any guardrail end terminal or crash cushion that is currently approved for use on public roads or highways, of the requirements imposed by this bill. The notification must state that unauthorized repairs or tampering with a crash cushion or guardrail end terminal will be considered a violation of this bill and vandalism of a state highway structure. Generally under present law, vandalism of a state highway structure is a Class A misdemeanor.<br /> <br /> ON FEBRUARY 28, 2022, THE SENATE ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1671, AS AMENDED.<br /> <br /> AMENDMENT #1 retains the short title the "Hannah Eimers Memorial Tennessee Roadside Safety Hardware Act," but otherwise rewrites this bill to require the state department of transportation keep abreast of the United States secretary of transportation's implementation of federally required third-party verification of full-scale crash testing results from crash test labs, including a method for formally verifying the testing outcomes and providing for an independent pass/fail determination, and adopting such results to the greatest extent feasible under state law, with the goal being that the state department of transportation will be in compliance with applicable federal requirements under the Infrastructure Investment and Jobs Act.<br />