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Alas, few of these improvements are landing where the rubber meets the road, because American contracting procedures discourage the use of novel techniques. In Europe, governments dictate only how long a highway should last under what conditions, and contractors are left to their own devices to deal with the challenge. In the U.S., contractors must meet an avalanche of government specifications on materials and procedures but are not required to guarantee the road's performance. "The Europeans create a contract climate that stimulates innovation; here we squash it," laments Douglas Bernard, director of the Office of Technology Applications in the Federal Highway Administration.
Bernard and other highway officials would like to see the U.S. move to a performance-contract system, similar to one advocated by the National Academy of Sciences, but they face roadblocks from builders. Heavy lobbying from the construction industry eliminated such a provision in the 1991 federal highway act, passed last fall. The industry especially dreads being asked to guarantee the life-span of its products, arguing that it is unreasonable without knowing for certain what the traffic will be like, despite the fact that European contractors routinely make these assurances. Such warranties, insists David Lukens of the Associated General Contractors of America, are "an invitation to litigation and a field day for lawyers."
In fact, many U.S. road builders are small mom-and-pop operations that would be hard pressed to pay for the new equipment and training that innovative techniques sometimes require, let alone to post the insurance bond necessary to guarantee their product over several years. In France, by contrast, the highway-construction business is dominated by half a dozen or so well-financed giants.
The 1991 highway act does address some of the problems with American road building by giving more emphasis to maintenance and research and development. In part, the government is recognizing the exciting possibilities that truly lie down the road: innovations that go well beyond surface improvements. Initial government contracts are already out for an "intelligent vehicle" system involving electronics embedded in roadways that will someday permit drivers to punch in their destinations and watch TV or snooze while their cars or trucks race merrily on their way. But before the country can turn to such 21st century roadway wizardry, it must first win the battle against pesky and dangerous potholes.