1.National standards to prevent
distracted driving
(a)Chapter 1 of title
23, United States Code, is amended by adding at the end the following:
167.National
standards to prevent distracted driving
(a)On
October 1, 2011, and October 1 of each fiscal year thereafter, if a State does
not meet the requirement of subsection (b), the Secretary shall withhold from
amounts apportioned to the State on that date under each of sections 104(b)(1),
104(b)(3), and 104(b)(4) an amount equal to the amount specified in subsection
(c).
(b)
(1)A State meets the requirement of this subsection if the
State has enacted and is enforcing a law that prohibits a person from operating
a motor vehicle in the State while the person is using a wireless
communications device to compose, read, or send an electronic message, when the
vehicle is in motion or part of traffic.
(2)Paragraph (1) does not apply if a wireless
communications device is used—
(A)solely in a voice-activated or other
hands-free mode;
(B)for making a cellular phone call;
(C)for obtaining emergency assistance
to—
(i)report a traffic
accident, medical emergency, or serious traffic hazard; or
(ii)prevent a crime
about to be committed;
(D)in the reasonable
belief that a person's life or safety is in immediate danger;
(E)in an authorized emergency vehicle while in
the performance of official duties;
(F)when a motor
vehicle is stopped and the driver has the motor vehicle transmission in neutral
or park; and
(G)in other
circumstances, as identified by the Secretary by regulation, in which use of a
wireless communications device does not adversely affect safety.
(c)If a State is
subject to a penalty under subsection (a), the Secretary shall withhold for a
fiscal year from the apportionments of the State described in subsection (a) an
amount equal to a percentage of the funds apportioned to the State under each
of sections 104(b)(1), 104(b)(3), and 104(b)(4) for fiscal year 2009. The
percentage shall be as follows:
(1)For fiscal year
2012, 2 percent.
(2)For fiscal year
2013, 4 percent.
(3)For fiscal year
2014, 6 percent.
(4)For fiscal year
2015, and each fiscal year thereafter, 8 percent.
(d)Effect of
compliance and noncomplianceIf, within 4 years from the date
that an apportionment for a State is withheld in accordance with this section,
the Secretary determines that the State meets the requirement of subsection
(b), the apportionment of the State shall be increased by an amount equal to
the amount withheld. If, at the end of such 4-year period, a State does not
meet the requirement of subsection (b) any amounts so withheld from the State
shall lapse.
(e)In
this section, the following definitions apply:
(1)
(A)The term electronic message means a
self-contained piece of digital communication that is designed or intended to
be transmitted between physical devices.
(B)The
term includes e-mail, a text message, an instant message, a command or request
to access a World Wide Web page, or other data that uses a commonly recognized
electronic communications protocol. An electronic message does not include
voice or other data transmitted as a result of making a phone call, or data
transmitted automatically by a wireless communications device without direct
initiation by a person.
(2)Wireless
communications device
(A)The term wireless communications device
means—
(i)a
cellular phone; or
(ii)a
portable electronic device that is capable of receiving and transmitting data,
including to text messages and e-mail, without an access line for
service.
(B)The
term does not include a device that is permanently affixed to the vehicle,
including a global positioning system or navigation
system.
.
(b)The analysis for such chapter is amended by adding at
the end the following:
167. National standards to prevent
distracted
driving.
.