[Senate Report 111-355]
[From the U.S. Government Publishing Office]
111th Congress Report
SENATE
2d Session 111-355
_______________________________________________________________________
Calendar No. 656
DISTRACTED DRIVING PREVENTION ACT OF 2009
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1938
November 30, 2010.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eleventh congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota JOHN ENSIGN, Nevada
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas
TOM UDALL, New Mexico MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
Ellen Doneski, Staff Director
James Reid, Deputy Staff Director
Bruce Andrews, General Counsel
Ann Begeman, Republican Staff Director
Brian Hendricks, Republican General Counsel
Todd Bertoson, Republican Senior Counsel
Calendar No. 656
111th Congress Report
SENATE
2d Session 111-355
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DISTRACTED DRIVING PREVENTION ACT OF 2009
_______
November 30, 2010.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1938]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1938) to establish a program to
reduce injuries and deaths caused by cell phone use and texting
while driving, having considered the same, reports favorably
thereon with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1938, as reported, is to establish a
program to reduce injuries and deaths caused by cell phone use
and texting while driving.
Background and Needs
The National Highway Traffic Safety Administration (NHTSA)
estimates that in 2008, nearly 16 percent of all motor vehicle
fatalities and 22 percent of all motor vehicle injuries
occurred in crashes in which at least one form of distracted
driving was reported in the crash report. As large as these
numbers are, they still may not state the true size of the
problem, as the identification of distraction by law
enforcement and its role in a crash can be very difficult to
ascertain. What is clear is that exposure to distracted driving
has skyrocketed with the explosion of cell phones and other
personal wireless devices. Today, 87 percent of Americans own
some form of wireless device.
Distracted driving encompasses a wide range of behavior,
including cell phone use, that takes the driver's attention
away from his or her primary driving responsibilities. As
overall cell phone use and text messaging have increased year-
to-year, the proportion of vehicle fatalities associated with
driver distraction has risen--from 12 percent in 2004 to 16
percent in 2008. In a 2009 poll conducted by the AAA Foundation
for Traffic Safety, 67 percent of drivers self-reported using a
cell phone while driving, and 21 percent self-reported that
they send and receive text messages while driving.
DISTRACTED DRIVING DATA
As cell phone use increased dramatically during the past
decade, NHTSA researchers began looking into the safety risks
of cell phone use by drivers. The NHTSA staff collected and
summarized more than 100 private, university, and foreign
clinical studies examining driver attention span, the effect of
telephone conversations on a driver's cognitive abilities, and
driver reaction times when distracted. Looking at its own
limited crash data at the time, NHTSA researchers estimated
that in 2002, cell phone use was a contributing factor in
crashes that killed an estimated 508 to 1,248 people. An exact
figure was impossible to determine due to the lack of
definitive data.
U.S. Department of Transportation (DOT) Secretary Ray LaHood
and NHTSA have focused considerable time and attention on
distracted driving research and awareness. At the DOT's
Distracted Driving Conference on September 30 and October 1,
2009, NHTSA released a compilation of safety statistics related
to cell phone use and texting in passenger cars.\1\ The data
was drawn from NHTSA's Fatality Analysis Reporting System
(FARS) and the National Automotive Sampling System's General
Estimates System (NASS GES). The FARS annually collects
fatality crash data from the States. The NASS GES is a
nationally representative sample of police-reported crashes
across a range of causes and accident severity.
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\1\The entire report is available at www.nhtsa.gov.
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According to NHTSA, in 2008, 2.3 million people were injured
in motor vehicle traffic crashes. Of these, 37,261 people were
killed. Driver distraction played a role in 515,000 vehicle
injuries, or 22 percent of all injuries, and played a role in
5,870 fatalities, or 16 percent of all vehicle fatalities.
Drivers under 20 years of age accounted for the greatest
proportion of distracted driving fatalities.
NHTSA conducts an annual survey of seat belt use in each
State, referred to as the National Occupant Protection Use
Survey. The survey recently began recording information on the
use of electronic devices while driving. In 2008, the survey
results show that 11 percent of drivers at any given daylight
hour were using an electronic device, whether hand-held or
hands-free. The same survey results show that 6 percent of
drivers at any given daylight hour, or 812,000 drivers, were
holding a cell phone to their ears. That usage rate was a
reduction from 2007, when the survey results show that more
than one million drivers held a cell phone to their ears at any
given daylight hour. The decrease, however, may be the result
of more drivers using hands-free devices.
NHTSA's Motor Vehicle Occupant Safety Survey (MVOSS) is a
periodic telephone survey to obtain data on attitudes,
knowledge, and behavior on seat belt use, child safety, and
other aspects of occupant protection. In 2007, the survey
showed that 81 percent of drivers have a wireless phone with
them when they drive.\2\ Of those that have a wireless phone in
the vehicle, 64 percent of respondents said they always or
usually answer incoming phone calls and 16 percent said they
talk while driving during most or all of their trips.\3\ Only
10 percent said they never make a phone call while in the
car.\4\
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\2\See NHTSA 2007 Motor Vehicle Occupant Safety Survey, Volume 4:
Crash Injury and Emergency Medical Services Report at 20.
\3\Id. at 23-4.
\4\Id. at 29.
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Prior to NHTSA's compilation of the above statistics, several
news reports about distracted driving cited studies that mostly
consisted of artificial environments, such as driving
simulators in university labs, or placing cameras inside a
limited number of passenger cars or trucks to record driver
behavior. The most frequently cited study (funded by NHTSA and
the Federal Motor Carrier Safety Administration (FMCSA), and
performed by Virginia Tech's Transportation Institute)
installed video and other recording equipment in 100 passenger
vehicles and recorded driver behavior during a one-year
period.\5\ The researchers also tracked drivers in 100
commercial vehicles for a period of 18 months. NHTSA warned
that the ``findings of the 100-car study cannot be generalized
to represent the behavior of the Nation's population or the
potential causal factors for the crashes that occur across the
Nation's roadways.''\6\ Texting was studied only for commercial
drivers, but not passenger car drivers.
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\5\See The 100-Car Naturalistic Driving Study Phase II--Results of
the 100-Car Field Experiment. April 2006. Accesssible at http://
www.nhtsa.gov/DOT/NHTSA/NRD/Multimedia/PDFs/Crash%20Avoidance/
Driver%20Distraction/100CarMain.pdf.
\6\National Highway Traffic Safety Administration. Traffic Safety
Facts Research Note: An Examination of Driver Distraction as Recorded
in NHTSA Databanks, at 6. September 2009.
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The Virginia Tech study concluded that:
Drivers of passenger vehicles are
2.8 times more likely to be in a
crash when dialing a cell phone;
1.3 times more likely to be in a
crash when talking or listening on a cell
phone; and
1.4 times more likely to be in a
crash when reaching for an object.
Drivers of heavy vehicles and trucks are
5.9 times more likely to be in a
crash when dialing a cell phone;
1.0 times more likely to be in a
crash when talking or listening on a cell
phone;
6.7 times more likely to be in a
crash when using or reaching for an electronic
device; and
23.2 times more likely to be in a
crash when text messaging. Text messaging risk
is high because that distraction had the
longest duration of a driver's eyes leaving
sight of the road.
Drivers' eyes diverted during text messaging
for an average of 4.6 seconds over a 6 second interval.
A driver traveling 55 miles per hour would cover the
length of a football field by the time he or she looked
up after 4.6 seconds.\7\
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\7\See Virginia Tech Transportation Institute, ``New Data from VTTI
Provides Insight Into Cell Phone Use and Driving Distraction,'' July
27, 2009.
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This driving data comes against the backdrop of the overall
surge in cell phone subscriptions and cell phone use. In 2008,
there were 270 million wireless subscribers in the U.S.\8\ From
1995 to 2008, the number of wireless subscribers increased by 8
times, and the number of minutes talked increased by 58 times.
In 2008, wireless consumers used 2.2 trillion minutes and sent
and received 110 billion text messages each month.\9\
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\8\See Federal Communications Commission, Annual Report and
Analysis of Competitive Market Conditions with Respect to Mobile
Wireless, Including Commercial Mobile Services, Fourteenth Report. May
20, 2010.
\9\ Id.
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FEDERAL AND STATE ROLES
Driver licensing, rules of the road, and traffic enforcement
are generally a State responsibility. However, the Federal
government, through FMCSA, regulates motor carrier and
motorcoach safety, and certain aspects of school bus safety.
NHTSA regulates the safety of vehicles, and conducts a number
of programs, including incentive-based programs with the
States, to encourage safer driver behavior.
STATE LAWS ON DISTRACTED DRIVING
There are great variations among State distracted driving
laws, including what constitutes a violation, and the penalties
for a violation. Some States make the law a ``secondary''
offense, meaning that a law enforcement officer must have a
separate enforcement reason (e.g., speeding) other than the
cell phone or texting violation to pull over a driver.
Currently, no State has banned all use of cell phones while
driving. 7 states (California, Connecticut, Delaware, New
Jersey, Oregon, Utah (2nd),\10\ Washington (2nd)) and the
District of Columbia have banned the use of a hand-held phone
while driving. Texas has banned the use of a hand-held phone in
school crossing zones and Illinois has banned the use of a
hand-held phone in construction and school zones. Texting while
driving has been targeted by a majority of the States as well.
As of this writing, 30 States and the District of Columbia ban
all drivers from texting.\11\
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\10\``2nd'' denotes the restriction to be a ``secondary'' offense
under the State law.
\11\Alaska, Arkansas, California, Colorado, Connecticut, Delaware,
Georgia, Illinois, Iowa (2nd for adult; primary for teens), Kentucky,
Louisiana (2nd), Maryland, Michigan, Minnesota, Nebraska (2nd), New
Hampshire, New Jersey, New York (2nd), North Carolina, Oregon, Rhode
Island, Tennessee, Utah, Virginia (2nd), Washington, Wisconsin, and
Wyoming.
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A number of States have placed greater restrictions on teen
drivers. 25 States and the District of Columbia ban teen
drivers from talking on all cell phones.\12\ Also, a number of
States with no general prohibition on texting prohibit such
behavior for teen drivers.\13\
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\12\Arkansas, California, Colorado, Connecticut, Delaware,
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana (2nd), Maine,
Maryland (2nd), Massachusetts, Minnesota, Nebraska (2nd), New Jersey,
North Carolina, Oregon, Rhode Island, Tennessee, Texas (intermediate
license holders only), Virginia (2nd), Washington, and West Virginia.
\13\Alabama, Indiana, Kansas, Maine, Mississippi, Montana, Nebraska
(2nd), Texas, and West Virginia.
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Maine takes a broad view of distracted driving. Maine's
distracted driving law defines ``operation of a motor vehicle
while distracted'' as an activity that is not necessary for the
operation of the vehicle, and that actually impairs, or would
reasonably be expected to impair, the ability of the driver to
safely operate the vehicle.
FEDERAL LAW ON DISTRACTED DRIVING FOR COMMERCIAL VEHICLES
Unlike most passenger vehicle drivers, commercial motor
vehicles often serve as office space for their drivers. Devices
to receive directions, follow-up on orders, or maintain contact
with dispatchers are necessary for a truck or bus driver to
perform his or her duties. These devices, too, may be
distracting if they divert a driver's attention away from the
roadway.
In 2006, the National Transportation Safety Board (NTSB)
recommended that the FMCSA publish regulations prohibiting cell
phone use by commercial driver's license (CDL) holders with
passenger or school bus endorsements while operating a
motorcoach or bus, except in emergency situations. This
recommendation followed an NTSB investigation of a 2004 bus
accident in Alexandria, Virginia, that injured 11 of the 27
passengers. The NTSB found that the probable cause of the
accident was the bus driver's failure to notice and respond to
warning signs due to cognitive distraction resulting from
conversing on a hands-free cellular telephone while driving.
The NTSB has since added this recommendation to its ``Most
Wanted'' list of transportation safety improvements.
On January 27, 2010, Secretary LaHood issued guidance for
commercial motor vehicle drivers regarding an existing motor
carrier safety rule to make clear that texting while driving is
prohibited. On April 1, 2010, the Secretary formally proposed a
rule to directly prohibit texting by commercial motor vehicle
drivers operating in interstate commerce, and to impose
sanctions and penalties for violations. The proposed rule would
also revoke the CDL of any school bus driver convicted of
texting while driving a school bus. Comments were due on May 3,
2010.
Although the FMCSA has not yet issued a final rule regarding
distracted drivers for CDL holders, commercial motor vehicle
drivers are covered by most State laws that have banned hand-
held phone use and texting while driving for all drivers. Many
States have exceptions for emergencies and emergency workers.
Illinois and Oregon reference commercial motor vehicle drivers
in their exceptions. In Illinois, a commercial motor vehicle
driver is permitted to read a message displayed on a
permanently installed communications device that does not
exceed 10 square inches. Oregon permits hand-held cell phone
use while driving if the person is operating within the scope
of the person's employment and if the operation of the motor
vehicle is necessary for the person's job.
ROLE FOR THE FEDERAL COMMUNICATIONS COMMISSION
The Federal Communications Commission (FCC) is an independent
United States government agency established by the
Communications Act of 1934 (Communications Act). The agency is
charged with regulating interstate and international
communications by radio, television, wire, satellite, and
cable. Title III of the Communications Act provides the FCC
with authority to regulate ``radio communications,'' or
wireless spectrum and services. In practice, that means the
agency oversees a wide variety of issues that affect the
consumer wireless experience and access to spectrum for
commercial wireless providers.
As wireless phones and mobile devices have surged in
popularity in recent years, the FCC's focus on wireless issues
has increased. To date, however, the agency has not used its
regulatory authority to address distracted driving. While there
are limits to the FCC's jurisdiction in this area, the agency
can use its authority to work with technology companies to
promote solutions. For example, some have proposed technology
that would disable certain cell phone functions when inside a
car, or send automated responses to callers that the owner of
the phone is driving, and thus cannot answer the phone. The FCC
may be a natural forum to promote such technological solutions.
The FCC can play an important role in determining the technical
feasibility and potential issues with proposed devices for
jamming cell phone signals in vehicles to stop distracted
driving.
The wireless phone industry has recognized that it is in its
best interest to address distracted driving. To this end,
CTIA--The Wireless Association has begun a campaign with the
National Safety Council to educate teenagers about the dangers
of texting while driving. This campaign includes a website,
educational materials, and a public service announcement for
television.
THE FEDERAL ROLE IN TRAFFIC SAFETY
When traffic safety issues of national importance arise, the
Federal government has used Federal funding incentives and
penalties to influence States. Highway safety programs under
the jurisdiction of the Senate Commerce Committee use
incentives to affect highway safety behaviors and practices.
During past multi-year reauthorizations of the transportation
bill, the Commerce Committee has created grant programs that
give funding incentives to States to enact highway safety laws
and programs. Under the Safe, Accountable, Flexible, Efficient
Transportation Equity Act--A Legacy For Users, or ``SAFETEA-
LU'' (P.L. 109-59), the last multi-year reauthorization that
passed in 2005, the Commerce Committee authorized grant
programs that send roughly $500 million a year to States for
highway safety programs and funding incentives to enact safety
belt and drunk driving laws.
S. 1938 uses this approach to encourage States to
aggressively address the deaths and injuries caused by
distracted driving.
Summary of Provisions
The Distracted Driving Prevention Act would create a new
program to make grants to States as an incentive to pass laws
against distracted driving. The program is modeled after
similar incentive-based programs that have granted States money
to fight drunk driving and encourage safety belt use.
To qualify for a grant, a State must adopt a law or amend an
existing law to meet certain minimum criteria. Specifically,
the State must enact a ban on all texting while driving,
require drivers using a cell phone to use a hands-free device,
and prohibit drivers under the age of 18 from using any cell
phone device while driving. The State must make a violation of
the statute a primary offense and enact an unspecified minimum
penalty for a violation. The State must also enact increased
civil and criminal penalties for a driver who causes an
accident while texting or using a cell phone. The State grants
for distracted driving would be funded with existing surpluses
in the primary safety belt incentive program.
The bill would also create and fund a national education and
advertising program to educate the public about the dangers of
distracted driving. The campaigns within these programs are
meant to be comprehensive and include more than just direct
appeals to drivers not to use a cell phone or text while
driving. Part of the reason drivers make calls and send texts
while driving is that employers, friends, and family members
pressure drivers for immediate responses in non-emergency
situations.
The Secretary of Transportation would be required to
prescribe regulations on the use of electronic or wireless
devices, including cell phones and other distracting devices,
by commercial motor vehicle and school bus drivers during the
performance of their duties. The regulations would cover
commercial motor vehicles, with gross vehicle weight greater
than 10,000 pounds, buses with more than 16 passengers
(including the driver), vehicles used to transport hazardous
materials in a quantity that requires placarding, and certain
school buses. In recognition of the fact that motor carriers
and commercial motor vehicle drivers rely on a variety of
devices to run their businesses and operations, the Committee's
direction allows the Secretary flexibility regarding the
regulations to be issued. However, the Committee expects the
Secretary to base the regulations on a robust analysis of
safety data and research, and ensure the safety of motor
vehicle drivers, passengers, and other users of our roads and
highways.
To improve safety research, the bill would direct DOT to
study distracted driving by passenger and commercial drivers,
and direct the FCC to identify technologies with the potential
to reduce the dangers of distracted driving. The bill would
also require States to collect data on distracted driving
accidents as part of the crash data they already collect.
To reduce distractions in new vehicles, the Secretary of
Transportation would be required to issue regulations that
prohibit screens for visual entertainment in new vehicles that
are in the driver's view. Exceptions would be made for images
related to vehicle operation, communications systems, and
navigation systems.
S. 1938 would not increase the budget deficit. The grant
program in section 2, and the national advertising campaign in
section 3, are paid for by redirecting unused surpluses from
the SAFETEA-LU grants for States that enact a new primary
safety belt law. The number of States enacting a new primary
safety belt law has slowed in recent years, leaving only a few
eligible States.
Any State that enacts a new primary safety belt law in 2010
and 2011 would still receive their safety belt grant from the
pool of $124 million. But funding not claimed for new primary
safety belt laws would be redirected to the distracted driving
grant program. The first $7.5 million through the first fiscal
quarter of FY 2011 would be directed to the national
advertising campaign in section 3. Funding for section 3 is
expected to be annualized at $30 million, which Congress
reauthorizes or extends through the highway and transit
program, which currently expires on December 31, 2010. The
remaining funds--approximately $94 million dollars--would be
divided by existing safety funding formulas among States with a
qualifying distracted driving law under section 2. Any
surpluses from the safety belt program in fiscal year 2010
would be rolled over into the same account in fiscal year 2011
to add to the pool of funds for States that qualify for a
distracted driving grant in fiscal year 2011.
Legislative History
The Distracted Driving Prevention Act of 2009, S. 1938, was
introduced on October 27, 2009, by Chairman Rockefeller,
Ranking Member Hutchison, and Senators Lautenberg, Thune,
Klobuchar and Schumer, and referred to the Committee on
Commerce, Science and Transportation. The bill has five
additional co-sponsors: Senators Casey, Nelson of Florida,
Udall of New Mexico, Vitter, and Warner. On October 28, 2009,
the Committee held a hearing on distracted driving. The
witnesses were Secretary of Transportation Ray LaHood and FCC
Chairman Julius Genachowski. The Committee considered S. 1938
in Executive Session on June 9, 2010, at which time a
substitute amendment was offered. The Committee favorably
reported the bill, as amended, by a roll call vote of 17 yeas
and 8 nays.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
July 15, 2010.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1938, the Distracted
Driving Prevention Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Sarah Puro
(for federal costs) and Samuel Wice (for the impact on the
private sector).
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1938--Distracted Driving Prevention Act of 2010
Summary: S. 1938 would authorize the National Highway
Transportation Safety Administration (NHTSA) to use previously
appropriated contract authority (the authority to incur
obligations in advance of appropriations and a mandatory form
of budget authority) for activities related to preventing
distracted driving (such as using a cell phone while driving)
in fiscal year 2011. CBO estimates that enacting the
legislation would have no significant impact on the federal
budget.
Enacting S. 1938 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures would not apply.
S. 1938 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA). Any costs to state,
local, or tribal governments would result from complying with
conditions of assistance.
The bill would impose private-sector mandates as defined in
UMRA on commercial drivers and on the manufacturers and owners
of motor vehicles. Because the cost of the requirements on
commercial drivers would depend upon future regulations, CBO
cannot estimate whether the aggregate cost of the mandates
would exceed the annual threshold established in UMRA for the
private sector ($141 million in 2010, adjusted annually for
inflation).
Estimated cost to the Federal Government: S. 1938 would
authorize NHTSA to use $7.5 million of previously appropriated
contract authority during the first quarter of fiscal year 2011
for activities related to preventing distracted driving. Those
activities include providing grants to states and conducting
educational outreach and research.
CBO assumes that use of the contract authority would
continue to be controlled by obligations on limitations
contained in appropriation acts. CBO expects that the rate of
expenditures for activities to prevent distracted driving would
be similar to spending that would otherwise occur; therefore,
enacting the bill would have no significant impact on the
federal budget.
Estimated impact on State, local, and tribal governments:
S. 1938 contains no intergovernmental mandates as defined in
UMRA. Any costs to State, local, or tribal governments would
result from complying with conditions of assistance.
Estimated impact on the private sector: The bill would
impose private-sector mandates as defined in UMRA on commercial
drivers and on the manufacturers and owners of motor vehicles.
Because the cost of the requirements on commercial drivers
would depend upon future rules and regulation, CBO cannot
estimate whether the aggregate cost of the mandates on private-
sector entities would exceed the annual threshold established
in UMRA for such mandates ($141 million in 2010, adjusted
annually for inflation).
Commercial motor vehicles and school buses
The bill would prohibit drivers of commercial vehicles and
school buses from using electronic or wireless devices in
circumstances where such use interferes with their safe
operation of the vehicles. The cost of the mandate would be any
income forgone by those commercial drivers, typically truck
drivers, whose income depends on the distance driven. That cost
would depend on the specific regulations the Federal Motor
Carrier Safety Administration (FMCSA) imposes. According to
FMCSA, there are seven million commercial drivers, and the
average full-time driver of a truck makes slightly less than
$20 an hour.
Prohibition on electronic visual entertainment in driver's view
S. 1938 would direct the Department of Transportation to
establish a new standard that would prohibit electronic screens
from displaying broadcast television, movies, video games, and
other visual entertainment that is visible to the driver while
driving. According to information from industry sources, no
vehicle manufacturers offer or plan to offer in the future
devices providing entertainment in the driver's view while
driving. Thus, CBO estimates that the cost of the mandate would
be minimal if any.
Similarly, vehicle owners would be prohibited from adding
after-market devices providing such entertainment in the
driver's view. The cost of the mandate would be minimal.
Estimate prepared by: Federal Costs: Sarah Puro; Impact on
State, Local, and Tribal Governments: Ryan Miller; Impact on
the Private Sector: Samuel Wice.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The majority of the bill focuses on Federal and State
government initiatives. State distracted driving laws would
apply to an estimated population of 208 million licensed
drivers. Section 8 would apply to commercial motor vehicle
drivers, estimated at 3.4 million persons, although that number
can fluctuate based on economic conditions. Section 10 would
require the Secretary to issue new regulations that would
prohibit auto manufacturers from installing entertainment
screens in new cars that are in the view of the driver while
driving.
ECONOMIC IMPACT
S. 1938 would not increase the budget deficit because it
would redirect existing highway trust fund money already
allocated to the primary safety belt program. Minimal
regulatory costs of prohibiting commercial vehicle drivers from
using distracting electronic devices and prohibiting
entertainment screens in new cars from the view of drivers
would be be more than offset by the economic cost savings of
reducing traffic accidents that cause property damage, serious
injuries, and death.
PRIVACY
This bill would not have any adverse impact on the privacy of
individuals.
PAPERWORK
The Committee does not anticipate a major increase in
paperwork burdens resulting from this legislation.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title and table of contents
The section would provide that S. 1938 may be cited as
Distracted Driving Prevention Act of 2010.
Section 2. Distracted driving incentive grants
The section would amend chapter 4 of title 23, United States
Code, by adding a new section 413 entitled ``Distracted driving
incentive grants.'' Subsection 413(a) would direct the
Secretary of Transportation to create a new program to make
grants to States that enact and implement a statute that meets
the requirements set forth in subsections 413(b) and (c).
Specifically, a State statute would meet the requirements of
subsections 413(b) and (c) if it prohibits the use of a
wireless communications device for texting while driving;
prohibits a driver from holding a wireless communications
device to make a call while driving; requires distracted
driving issues to be tested as part of the State driver's
license examination; makes a violation a primary offence;
creates a minimum fine for a first-time violation of the
statute; imposes increased penalties for repeat violations; and
provides increased civil and criminal penalties for a driver
that causes an accident while using a device in violation of
the statute.
A State statute meeting the requirements of the section would
be permitted under section 413(d) to provide exceptions for a
driver contacting emergency services; the use of hands-free
devices for drivers 18 or older; manipulation of a device to
use the hands-free functionality; use of a wireless
communications device by emergency services in the performance
of their duties; and use of a device by commercial motor
vehicle drivers, if such use is permitted under the regulations
promulgated pursuant to section 31152 of title 49.
Subsection 413(e) would require the Secretary to make a grant
to a State beginning in fiscal year 2011 that enacts a
qualifying law before July 1 or maintains a qualifying statute
enacted in the previous year that is in effect through the end
of June of the grant year. Under subsection 413(f), grants
would be apportioned among qualifying States according to the
same formula as safety belt and drunk driving grant programs.
Subsection 413(g) would direct a State receiving a grant to
use at least 50 percent of funds to educate the public and
advertise information about the dangers of texting or using a
cellphone while driving; for traffic signs notifying the public
of distracted driving laws; for enforcement of the distracted
driving law; or for a combination of such efforts. Up to 50
percent of the grant money could be devoted to other projects
that improve traffic safety.
Subsection 413(h) sets forth the definition of several terms
used in the section.
Section 3. Distracted driving national education program
The section would require NHTSA to establish and administer
two nationwide, high-visibility education and advertising
campaigns to educate drivers about the dangers of texting and
cellphone use while driving. In addition to the national
campaigns, the section would allow NHTSA to use funds for
targeted advertising campaigns in States or local jurisdictions
that have enacted distracted driving laws and would require
NHTSA to give consideration to advertising directed at non-
English speaking populations. Subsection 3(d) would allow NHTSA
to coordinate with States to carry out the educational and
advertising campaigns under this section to coincide with high-
visibility enforcement of State laws prohibiting texting or use
of a cellphone while driving. Subsection 3(e) would require
NHTSA to evaluate the effectiveness of the campaigns each year
and report the results to Congress.
Section 4. Research and data collection
The section would amend section 408(e)(2) of title 23, United
States Code, to revise the data elements regarding vehicle
crash causation collected by States that receive certain grants
from NHTSA. New subsection 408(e)(2)(A) would add data
elements, as determined appropriate by the Secretary, in
consultation with the States and law enforcement, on the impact
on traffic safety of the use of electronic devices while
driving.
In meeting the requirements of subparagraph (A), subsection
408(e)(2)(B) would require that States and local governments to
include a space in official vehicle accident investigation
reports to record whether a wireless communications device was
in use at the time of an accident; require that all law
enforcement officers inquire about and record the use of such
device; and incorporate the information into its traffic safety
information system.
The section would apply to grants under section 408 of title
23, United States Code, for fiscal years beginning after fiscal
year 2010.
Section 5. Research program
The section would require the Secretary of Transportation to
establish a dedicated program at the Federal level to study
distracted driving by passenger and commercial drivers. The
program would include studies of driver behavior, vehicle
technology, and portable electronic devices that are commonly
brought into passenger or commercial vehicles. The section
would allow the Secretary to grant research contracts to
nongovernmental entities provided that the entities do not
produce or sell passenger or commercial vehicles, electronic
equipment used in vehicles, or portable electronic equipment
commonly brought into vehicles.
Section 6. FCC Report on distracted driving technology
The section would require the FCC within 180 days after the
date of enactment to submit a report identifying data the FCC
can collect to help understand the problem of distracted
driving; existing and developing technologies with potential to
reduce the dangers of distracted driving; and existing FCC
authority to take the initiative to reduce the dangers of
distracted driving.
Section 7. Provision of information to the states
The section would provide a limited exception to the
prohibition on NHTSA from conveying safety information to
States unless specifically requested to do so by a State
entity. NHTSA would be permitted to provide government-
sponsored research and highway safety data or technical
assistance relating to legislative proposals addressing the
potential dangers of texting and cell phone use.
Section 8. Commercial motor vehicles and school buses
The section would amend subchapter II of chapter 311 of title
49, United States Code, by adding a new section 31152. Within
one year of the date of enactment, the Secretary would be
required to prescribe regulations on the use of electronic or
wireless devices--including cell phones and other distracting
devices--by commercial motor vehicle and school bus drivers
during the performance of their duties. The regulations would
cover commercial motor vehicles, including large trucks (gross
vehicle weight greater than 10,000 pounds), buses with more
than 16 passengers (including the driver), vehicles used to
transport hazardous materials in a quantity that requires
placarding, and certain school buses. The section would require
the Secretary to prohibit the use of such devices in
circumstances in which the Secretary determines that their use
would interfere with the safe operation of the vehicle. The
Secretary would be allowed to permit the use of wireless and
electronic devices that would otherwise be prohibited, if the
Secretary determines that they are necessary for the safety of
the driver or the public in emergency circumstances.
Section 9. Funding
The section would amend section 2001(a)(4) of Public Law 109-
59 to fund the State grant program and the national advertising
campaign, by redirecting unused surpluses from the SAFETEA-LU
grants for States to enact a new primary safety belt law. The
section would designate $7.5 million for carrying out the
national advertising campaign established for the first quarter
of FY 2010 in section 3. Unallocated funds available for grants
for States to enact a new primary safety belt law would be
carried over to the next year for use under section 406 and 413
(the distracted driving incentive grants).
Section 10. Prohibition on electronic visual entertainment
The section would require the Secretary of Transportation to
issue regulations, within two years after the date of
enactment, that prohibit electronic screens in cars from
displaying visual entertainment that is visible to the driver
while driving. The section would require that the regulation
allow electronic screens that display information or images
regarding vehicle operation, vehicle surroundings,
communications systems, and navigation systems. The section
also provides that, if the Secretary determines a deadline for
a final rule cannot be met, the Secretary shall notify Congress
and establish a new deadline for that rule.
Rollcall Votes in Committee
In executive session on June 9, 2010, Senator Rockefeller
offered an amendment in the nature of a substitute to S. 1938.
Senator Wicker then requested a rollcall vote on the bill, as
amended. The Committee favorably reported S. 1938 by a vote of
17 ayes and 8 nays.
YEAS--17 NAYS--8
Mr. Inouye\1\ Ms. Snowe
Mr. Kerry Mr. Ensign\1\
Mr. Dorgan Mr. DeMint
Mrs. Boxer\1\ Mr. Wicker
Mr. Nelson Mr. LeMieux
Ms. Cantwell Mr. Isakson
Mr. Lautenberg Mr. Brownback\1\
Mr. Pryor Mr. Johanns
Mrs. McCaskill
Ms. Klobuchar
Mr. Udall
Mr. Warner
Mr. Begich
Mrs. Hutchison
Mr. Thune
Mr. Vitter\1\
Mr. Rockefeller
\1\By proxy.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
UNITED STATES CODE
TITLE 23. HIGHWAYS
CHAPTER 4. HIGHWAY SAFETY
406. Safety belt performance grants
(a) In General.--The Secretary shall make grants to States in
accordance with the provisions of this section to encourage the
enactment and enforcement of laws requiring the use of safety
belts in passenger motor vehicles.
(b) Grants for Enacting Primary Safety Belt Use Laws.--
(1) In general.--The Secretary shall make a single
grant to each State that either--
(A) enacts for the first time after December
31, 2002, and has in effect and is enforcing a
conforming primary safety belt use law for all
passenger motor vehicles; or
(B) in the case of a State that does not have
such a primary safety belt use law, has after
December 31, 2005, a State safety belt use rate
of 85 percent or more for each of the 2
calendar years immediately preceding the fiscal
year of a grant, as measured under criteria
determined by the Secretary.
(2) Amount.--The amount of a grant available to a
State in fiscal year 2006 or in a subsequent fiscal
year under paragraph (1) shall equal 475 percent of the
amount apportioned to the State under section 402(c)
for fiscal year 2003.
(3) July 1 cut-off.--For the purpose of determining
the eligibility of a State for a grant under paragraph
(1)(A), a conforming primary safety belt use law
enacted after June 30th of any year shall--
(A) not be considered to have been enacted in
the Federal fiscal year in which that June 30th
falls; but
(B) be considered as if it were enacted after
October 1 of the next Federal fiscal year.
(4) Shortfall.--If the total amount of grants
provided for by this subsection for a fiscal year
exceeds the amount of funds available for such grants
for that fiscal year, the Secretary shall make grants
under this subsection to States in the order in which--
(A) the conforming primary safety belt use
law came into effect; or
(B) the State's safety belt use rate was 85
percent or more for 2 consecutive calendar
years (as measured under by criteria determined
by the Secretary), whichever first occurs.
(5) Catch-up grants.--The Secretary shall make a
grant to any State eligible for a grant under this
subsection that did not receive a grant for a fiscal
year because of the application of paragraph (4), in
the next fiscal year if the State's conforming primary
safety belt use law remains in effect or its safety
belt use rate is 85 percent or more for the 2
consecutive calendar years preceding such next fiscal
year (subject to the condition in paragraph (4)).
[(c) Grants for pre-2003 Laws.--
[(1) In general.----To the extent that amounts made
available for grants under this section for any of
fiscal years 2006 through 2009 exceed the total amount
of grants to be awarded under subsection (b) for the
fiscal year, including amounts to be awarded for catch-
up grants under subsection (b)(5), the Secretary shall
make a single grant to each State that enacted, has in
effect, and is enforcing a conforming primary safety
belt use law for all passenger motor vehicles that was
in effect before January 1, 2003.
[(2) Amount; installments.--The amount of a grant
available to a State under this subsection shall be
equal to 200 percent of the amount of funds apportioned
to the State under section 402(c) for fiscal year 2003.
The Secretary may award the grant in annual
installments.
[(d) Allocation of Unallocated Funds.--
[(1) Additional grants.--The Secretary shall make
additional grants under this section of any amounts
made available for grants under this section that, on
July 1, 2009, have not been allocated to States under
this section.
[(2) Allocation.--The additional grants made under
this subsection shall be allocated among all States
that, as of that date, have enacted, have in effect,
and are enforcing conforming primary safety belt laws
for all passenger motor vehicles. The allocations shall
be made in accordance with the formula for apportioning
funds among the States under section 402(c).]
(e) Use of Grant Funds.--
(1) In general.--Subject to paragraph (2), a State
may use a grant under this section for any safety
purpose under this title or for any project that
corrects or improves a hazardous roadway location or
feature or proactively addresses highway safety
problems, including--
(A) intersection improvements;
(B) pavement and shoulder widening;
(C) installation of rumble strips and other
warning devices;
(D) improving skid resistance;
(E) improvements for pedestrian or bicyclist
safety;
(F) railway-highway crossing safety;
(G) traffic calming;
(H) the elimination of roadside obstacles;
(I) improving highway signage and pavement
marking;
(J) installing priority control systems for
emergency vehicles at signalized intersections;
(K) installing traffic control or warning
devices at locations with high accident
potential;
(L) safety-conscious planning; and
(M) improving crash data collection and
analysis.
(2) Safety activity requirement.--Notwithstanding
paragraph (1), the Secretary shall ensure that at least
$1,000,000 of amounts received by States under this
section are obligated for safety activities under this
chapter.
(3) Support activity.--The Secretary or his designee
may engage in activities with States and State
legislators to consider proposals related to safety
belt use laws.
(f) Carry-forward of Excess Funds.--If the amount available
for grants under this section for any fiscal year exceeds the
sum of the grants made under this section for that fiscal year,
the excess amount and obligational authority shall be carried
forward and made available for grants under this section in the
succeeding fiscal year.
(g) Federal Share.--The Federal share payable for grants
under this section shall be 100 percent.
(h) Passenger Motor Vehicle Defined.--In this section, the
term ``passenger motor vehicle'' means--
(1) a passenger car;
(2) a pickup truck; and
(3) a van, minivan, or sport utility vehicle with a
gross vehicle weight rating of less than 10,000 pounds.
408. State traffic safety information system improvements
(a) Grant Authority.--Subject to the requirements of this
section, the Secretary shall make grants to eligible States to
support the development and implementation of effective
programs by such States to--
(1) improve the timeliness, accuracy, completeness,
uniformity, integration, and accessibility of the
safety data of the State that is needed to identify
priorities for national, State, and local highway and
traffic safety programs;
(2) evaluate the effectiveness of efforts to make
such improvements;
(3) link the State data systems, including traffic
records, with other data systems within the State, such
as systems that contain medical, roadway, and economic
data; and
(4) improve the compatibility and interoperability of
the data systems of the State with national data
systems and data systems of other States and enhance
the ability of the Secretary to observe and analyze
national trends in crash occurrences, rates, outcomes,
and circumstances.
(b) First-year Grants.--To be eligible for a first-year grant
under this section in a fiscal year, a State shall demonstrate
to the satisfaction of the Secretary that the State has--
(1) established a highway safety data and traffic
records coordinating committee with a multidisciplinary
membership that includes, among others, managers,
collectors, and users of traffic records and public
health and injury control data systems; and
(2) developed a multiyear highway safety data and
traffic records system strategic plan--
(A) that addresses existing deficiencies in
the State's highway safety data and traffic
records system;
(B) that is approved by the highway safety
data and traffic records coordinating
committee;
(C) that specifies how existing deficiencies
in the State's highway safety data and traffic
records system were identified;
(D) that prioritizes, on the basis of the
identified highway safety data and traffic
records system deficiencies of the State, the
highway safety data and traffic records system
needs and goals of the State, including the
activities under subsection (a);
(E) that identifies performance-based
measures by which progress toward those goals
will be determined; and
(F) that specifies how the grant funds and
any other funds of the State are to be used to
address needs and goals identified in the
multiyear plan.
(c) Successive Year Grants.--A State shall be eligible for a
grant under this subsection in a fiscal year succeeding the
first fiscal year in which the State receives a grant under
subsection (b) if the State--
(1) certifies to the Secretary that an assessment or
audit of the State's highway safety data and traffic
records system has been conducted or updated within the
preceding 5 years;
(2) certifies to the Secretary that its highway
safety data and traffic records coordinating committee
continues to operate and supports the multiyear plan;
(3) specifies how the grant funds and any other funds
of the State are to be used to address needs and goals
identified in the multiyear plan;
(4) demonstrates to the Secretary measurable progress
toward achieving the goals and objectives identified in
the multiyear plan; and
(5) submits to the Secretary a current report on the
progress in implementing the multiyear plan.
(d) Grant Amount.--Subject to subsection (e)(3), the amount
of a year grant made to a State for a fiscal year under this
section shall equal the higher of--
(1) the amount determined by multiplying--
(A) the amount appropriated to carry out this
section for such fiscal year, by
(B) the ratio that the funds apportioned to
the State under section 402 for fiscal year
2003 bears to the funds apportioned to all
States under such section for fiscal year 2003;
or
(2)(A) $300,000 in the case of the first fiscal year
a grant is made to a State under this section after the
date of enactment of this subparagraph; or
(B) $500,000 in the case of a succeeding fiscal year
a grant is made to the State under this section after
such date of enactment.
(e) Additional Requirements and Limitations.--
(1) Model data elements.--The Secretary, in
consultation with States and other appropriate parties,
shall determine the model data elements that are useful
for the observation and analysis of State and national
trends in occurrences, rates, outcomes, and
circumstances of motor vehicle traffic accidents. In
order to be eligible for a grant under this section, a
State shall submit to the Secretary a certification
that the State has adopted and uses such model data
elements, or a certification that the State will use
grant funds provided under this section toward adopting
and using the maximum number of such model data
elements as soon as practicable.
[(2) Data on use of electronic devices.--The model
data elements required under paragraph (1) shall
include data elements, as determined appropriate by the
Secretary, in consultation with the States and
appropriate elements of the law enforcement community,
on the impact on traffic safety of the use of
electronic devices while driving.]
(2) Data on use of electronic devices.--
(A) The model data elements required under
paragraph (1) shall include data elements, as
determined appropriate by the Secretary, in
consultation with the States and appropriate
elements of the law enforcement community, on
the impact on traffic safety of the use of
electronic devices while driving.
(B) In order to meet the requirements of
subparagraph (A), State and local governments
shall--
(i) require that official vehicle
accident investigation reports include
a designated space to record whether or
not the use of a personal wireless
communications device (as defined in
section 413(h)(3)) was in use at the
time of the accident by any driver
involved in the accident;
(ii) require that all law enforcement
officers, as part of a vehicle accident
investigation, inquire about and record
the information required by clause (i);
and
(iii) incorporate the information
collected under clause (i) into its
traffic safety information system.
(3) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the
State enters into such agreements with the Secretary as
the Secretary may require to ensure that the State will
maintain its aggregate expenditures from all other
sources for highway safety data programs at or above
the average level of such expenditures maintained by
such State in the 2 fiscal years preceding the date of
enactment of the SAFETEA-LU.
(4) Federal share.--The Federal share of the cost of
adopting and implementing in a fiscal year a State
program described in subsection (a) may not exceed 80
percent.
(5) Limitation on use of grant proceeds.--A State may
use the proceeds of a grant received under this section
only to implement the program described in subsection
(a) for which the grant is made.
(f) Applicability of Chapter 1.--Section 402(d) of this title
shall apply in the administration of this section.
413. Distracted driving incentive grants
(a) In General.--The Secretary shall make a grant under this
section to any State that enacts and implements a statute that
meets the requirements of subsections (b) and (c) of this
section.
(b) Prohibition on Texting While Driving.--A State statute
meets the requirements of this subsection if the statute--
(1) prohibits the use of a personal wireless
communications device by a driver for texting while
driving;
(2) makes violation of the statute a primary offense;
(3) establishes--
(A) a minimum fine for a first violation of
the statute; and
(B) increased fines for repeat violations;
and
(4) provides increased civil and criminal penalties
than would otherwise apply if a vehicle accident is
caused by a driver who is using such a device in
violation of the statute.
(c) Prohibition on Handheld Cellphone Use While Driving.--A
State statute meets the requirements of this subsection if the
statute--
(1) prohibits a driver from holding a personal
wireless communications device to conduct a telephone
call while driving;
(2) makes violation of the statute a primary offense;
(3) requires distracted driving issues to be tested
as part of the State driver's license examination;
(4) establishes--
(A) a minimum fine for a first violation of
the statute; and
(B) increased fines for repeat violations;
and
(5) provides increased civil and criminal penalties
than would otherwise apply if a vehicle accident is
caused by a driver who is using such a device in
violation of the statute.
(d) Permitted Exceptions.--A statute that meets the
requirements of subsections (b) and (c) may provide exceptions
for--
(1) use of a personal wireless communications device
by a driver to contact emergency services;
(2) allows the use of hands-free devices that enable
a driver, other than a driver who has not attained the
age of 18, to initiate, conduct, or receive a telephone
call without holding the device;
(3) manipulation of such a device by a driver to
activate, deactivate, or initialize the hands-free
functionality of the device;
(4) use of a personal wireless communications device
by emergency services personnel while operating an
emergency services vehicle and engaged in the
performance of their duties as emergency services
personnel; and
(5) use of a device by an individual employed as a
commercial motor vehicle driver, or a school bus
driver, within the scope of such individual's
employment if such use is permitted under the
regulations promulgated pursuant to section 31152 of
title 49.
(e) Grant Year.--The Secretary shall make a grant under this
section to a State in any year beginning fiscal year 2011 in
which the State--
(1) enacts a law that meets the requirements of
subsections (b) and (c) before July 1; or
(2) maintains a statute, that meets the requirements
of subsections (b) and (c), enacted in a previous year
that is in effect through June 30th of the grant year.
(f) Disbursement and Apportionment.--Grants to qualifying
States shall be disbursed after July 1 each year according to
the apportionment criteria of section 402(c).
(g) Use of Grant Funds.--A State that receives a grant under
this section--
(1) shall use at least 50 percent of the grant--
(A) to educate and advertise to the public
information about the dangers of texting or
using a cellphone while driving;
(B) for traffic signs that notify drivers
about the distracted driving law of the State;
(C) for law enforcement of the distracted
driving law; or
(D) for a combination of such uses; and
(2) may use up to 50 percent of the grant for other
projects that improve traffic safety and that are
consistent with the criteria in section 402(a).
(h) Definitions.--In this section:
(1) Driving.--The term ``driving'' means operating a
motor vehicle on a public road, including operation
while temporarily stationary because of traffic, a
traffic light or stop sign, or otherwise. It does not
include operating a motor vehicle when the vehicle has
pulled over to the side of, or off, an active roadway
and has stopped in a location where it can safely
remain stationary.
(2) Hands-free device.--The term ``hands-free
device'' means a device that allows a driver to use a
personal wireless communications device to initiate,
conduct, or receive a telephone call without holding
the personal wireless communications device.
(3) Personal wireless communications device.--The
term ``personal wireless communications device'' means
a device through which personal wireless services (as
defined in section 332(c)(7)(C)(i) of the
Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i)))
are transmitted. It does not include a global
navigation satellite system receiver used for
positioning, emergency notification, or navigation
purposes.
(4) Primary offense.--The term ``primary offense''
means an offense for which a law enforcement officer
may stop a vehicle solely for the purpose of issuing a
citation in the absence of evidence of another offense.
(5) Public road.--The term ``public road'' has the
meaning given that term in section 402(c).
(6) Texting.--The term ``texting'' means reading from
or manually entering data into a personal wireless
communications device, including doing so for the
purpose of SMS texting, e-mailing, instant messaging,
or engaging in any other form of electronic data
retrieval or electronic data communication.
UNITED STATES CODE
TITLE 49. TRANSPORTATION
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
PART B--COMMERCIAL
CHAPTER 311. COMMERCIAL MOTOR VEHICLE SAFETY
SUBCHAPTER III. SAFETY REGULATION
31152. Regulation of the use of distracting devices in commercial
motor vehicles and school buses
(a) In General.--No later than 1 year after the enactment of
the Distracted Driving Prevention Act of 2010, the Secretary of
Transportation shall prescribe regulations on the use of
electronic or wireless devices, including cell phones and other
distracting devices, by an individual employed as the operator
of--
(1) a commercial motor vehicle while that individual
is engaged in the performance of such individual's
duties as the operator of the commercial motor vehicle;
or
(2) a school bus (as defined in section 30125(a)(1))
that is a commercial motor vehicle (as defined in
section 31301(4)(A)) while that individual is engaged
in the performance of such individual's duties as the
operator of the school bus.
(b) Basis for Regulations.--The Secretary shall base the
regulations required by subsection (a) on accident data
analysis, the results of ongoing research, and other
information, as appropriate.
(c) Prohibited Use.--The Secretary shall prohibit the use of
such devices in circumstances in which the Secretary determines
that their use interferes with the driver's safe operation of a
school bus or commercial motor vehicle.
(d) Permitted Use.--Under the regulations, the Secretary may
permit the use of a device, the use of which is prohibited
under subsection (c), if the Secretary determines that such use
is necessary for the safety of the driver or the public in
emergency circumstances.
PUBLIC LAW 109-59: SAFE, ACCOUNTABLE, FLEXIBLE, EFFICIENT
TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS
SEC. 2001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) Highway safety programs.--For carrying out
section 402 of title 23, United States Code,
$163,680,000 for fiscal year 2005, $217,000,000 for
fiscal year 2006, $220,000,000 for fiscal year 2007,
$225,000,000 for fiscal year 2008, $235,000,000 for
fiscal year 2009, $235,000,000 for fiscal year 2010,
and $58,750,000 for the period beginning on October 1,
2010, and ending on December 31, 2010.
(2) Highway safety research and development.--For
carrying out section 403 of title 23, United States
Code, $71,424,000 for fiscal year 2005, $110,000,000
for fiscal year 2006, $107,750,000 for fiscal year
2007, $107,750,000 for fiscal year 2008, $105,500,000
for fiscal year 2009, $107,329,000 for fiscal year
2010, and $27,061,000 for the period beginning on
October 1, 2010, and ending on December 31, 2010.
(3) Occupant protection incentive grants.--For
carrying out section 405 of title 23, United States
Code, $19,840,000 for fiscal year 2005, $25,000,000 for
fiscal year 2006, $25,000,000 for fiscal year 2007,
$25,000,000 for fiscal year 2008, $25,000,000 for
fiscal year 2009, $25,000,000 for fiscal year 2010, and
$6,250,000 for the period beginning on October 1, 2010,
and ending on December 31, 2010.
(4) Safety belt performance grants.--For carrying out
section 406 of title 23, United States Code,
$124,500,000 for fiscal year 2006, $124,500,000 for
fiscal year 2007, $124,500,000 for fiscal year 2008,
$124,500,000 for fiscal year 2009, $124,500,000 for
fiscal year 2010, and [$31,125,000] $23,625,000 for the
period beginning on October 1, 2010, and ending on
December 31, [2010.] 2010, of which $7,500,000 shall be
for carrying out section 3 of the Distracted Driving
Prevention Act of 2010. If any amount of the funds
authorized by this paragraph has not been allocated to
States meeting the criteria of section 406 of title 23,
United States Code, by July 1 of a fiscal year
beginning after fiscal year 2009, the unallocated
amount shall be allocated to States meeting the
criteria of section 413 of that title. Unallocated
amounts from sections 406 and 413 in a fiscal year
shall be carried over to the next fiscal year for use
under sections 406 and 413.
(5) State traffic safety information system
improvements.--For carrying out section 408 of title
23, United States Code, $34,500,000 for fiscal year
2006, $34,500,000 for fiscal year 2007, $34,500,000 for
fiscal year 2008, $34,500,000 for fiscal year 2009,
$34,500,000 for fiscal year 2010, and $8,625,000 for
the period beginning on October 1, 2010, and ending on
December 31, 2010.
(6) Alcohol-impaired driving countermeasures
incentive grant program.--For carrying out section 410
of title 23, United States Code, $39,680,000 for fiscal
year 2005, $120,000,000 for fiscal year 2006,
$125,000,000 for fiscal year 2007, $131,000,000 for
fiscal year 2008, and $139,000,000 for fiscal year
2009, $139,000,000 for fiscal year 2010, and
$34,750,000 for the period beginning on October 1,
2010, and ending on December 31, 2010.
(7) National driver register.--For the National
Highway Traffic Safety Administration to carry out
chapter 303 of title 49, United States Code, $3,968,000
for fiscal year 2005, $4,000,000 for fiscal year 2006,
$4,000,000 for fiscal year 2007, $4,000,000 for fiscal
year 2008, $4,000,000 for fiscal year 2009, $4,078,000
for fiscal year 2010, and $1,029,000 for the period
beginning on October 1, 2010, and ending on December
31, 2010.
(8) High visibility enforcement program.--For
carrying out section 2009 of this title $29,000,000 for
fiscal year 2006, $29,000,000 for fiscal year 2007,
$29,000,000 for fiscal year 2008, $29,000,000 for
fiscal year 2009, $29,000,000 for fiscal year 2010, and
$7,250,000 for the period beginning on October 1, 2010,
and ending on December 31, 2010.
(9) Motorcyclist safety.--For carrying out section
2010 of this title $6,000,000 for fiscal year 2006,
$6,000,000 for fiscal year 2007, $6,000,000 for fiscal
year 2008, $7,000,000 for fiscal year 2009, $7,000,000
for fiscal year 2010, and $1,750,000 for the period
beginning on October 1, 2010, and ending on December
31, 2010.
(10) Child safety and child booster seat safety
incentive grants.--For carrying out section 2011 of
this title $6,000,000 for fiscal year 2006, $6,000,000
for fiscal year 2007, $6,000,000 for fiscal year 2008,
$7,000,000 for fiscal year 2009, $7,000,000 for fiscal
year 2010, and $1,750,000 for the period beginning on
October 1, 2010, and ending on December 31, 2010.
(11) Distracted driving program.--For carrying out
section 3 of the Distracted Driving Prevention Act of
2010, $7,500,000 for the period beginning on October 1,
2010, and ending on December 31, 2010.
[(11)] (12) Administrative expenses.--For
administrative and related operating expenses of the
National Highway Traffic Safety Administration in
carrying out chapter 4 of title 23, United States Code,
and this title $17,500,000 for fiscal year 2006,
$17,750,000 for fiscal year 2007, $18,250,000 for
fiscal year 2008, and $18,500,000 for fiscal year 2009,
$25,047,000 for fiscal year 2010, and $6,332,000 for
the period beginning on October 1, 2010, and ending on
December 31, 2010.
(b) Prohibition on Other Uses.--Except as otherwise provided
in chapter 4 of title 23, United States Code, and this title,
(including the amendments made by this title), the amounts made
available from the Highway Trust Fund (other than the Mass
Transit Account) for a program under such chapter shall only be
used to carry out such program and may not be used by States or
local governments for construction purposes.
(c) Applicability of Title 23.--Except as otherwise provided
in chapter 4 of title 23, United States Code, and this title,
amounts made available under subsection (a) for each of fiscal
years 2005 through 2011 shall be available for obligation in
the same manner as if such funds were apportioned under chapter
1 of title 23, United States Code.
(d) Transfers.--In each fiscal year, the Secretary may
transfer any amounts remaining available under paragraph (3),
(5), or (6) of subsection (a) to the amounts made available
under any other of such paragraphs in order to ensure, to the
maximum extent possible, that each State receives the maximum
incentive funding for which the State is eligible under
sections 405, 408, and 410 of title 23, United States Code.
(e) Clarifications.--The amounts made available by each of
subsections (a)(1) through (a)(7) shall be less any amounts
made available from the Highway Trust Fund (other than the Mass
Transit Account) by laws enacted before the date of enactment
of this Act for the respective programs referred to in each of
such subsections for fiscal year 2005. Amounts authorized by
such subsections are post-rescission and shall not be subject
to any rescission after the date of enactment of this Act.