S 1938 RCS

To establish a program to reduce injuries and deaths caused by cellphone use and texting while driving.CommentsClose CommentsPermalink

October 27, 2009CommentsClose CommentsPermalink

Mr. ROCKEFELLER (for himself, Mrs. HUTCHISON, Mr. LAUTENBERG, Mr. SCHUMER, Mr. THUNE, Ms. KLOBUCHAR, and Mr. VITTER, Mr. CASEY, Mr. WARNER, Mr. NELSON of Florida, and Mr. UDALL of New Mexico) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

October 29, 2009CommentsClose CommentsPermalink

Committee discharged; referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To establish a program to reduce injuries and deaths caused by cellphone use and texting while driving.CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Distracted Driving Prevention Act of 200910’. CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows: CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink





Sec. 2. Distracted driving incentive grants. CommentsClose CommentsPermalink





Sec. 3. Distracted driving national education program. CommentsClose CommentsPermalink





Sec. 4. Research and data collection. CommentsClose CommentsPermalink





Sec. 5. Research program. CommentsClose CommentsPermalink





Sec. 6. FCC report on distracted driving technology. CommentsClose CommentsPermalink





Sec. 7. Provision of information to States. CommentsClose CommentsPermalink





Sec. 8. Commercial motor vehicles and school buses. CommentsClose CommentsPermalink





Sec. 9. Funding. CommentsClose CommentsPermalink





Sec. 10. Prohibition on electronic visual entertainment in driver’s view. CommentsClose CommentsPermalink

SEC. 2. DISTRACTED DRIVING INCENTIVE GRANTS.

(a) In General- Chapter 4 of title 23, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink

‘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. CommentsClose CommentsPermalink





‘(b) Prohibition on Texting While Driving- A State statute meets the requirements of this subsection if the statute-- CommentsClose CommentsPermalink





‘(1) prohibits the use of a personal wireless communications device by a driver for texting while driving; CommentsClose CommentsPermalink





‘(2) makes violation of the statute a primary offense; CommentsClose CommentsPermalink





‘(3) establishes-- CommentsClose CommentsPermalink





‘(A) a minimum fine for a first violation of the statute; and CommentsClose CommentsPermalink





‘(B) increased fines for repeat violations; and CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(c) Prohibition on Handheld Cellphone Use While Driving- A State statute meets the requirements of this subsection if the statute-- CommentsClose CommentsPermalink





‘(1) prohibits a driver from holding a personal wireless communications device to conduct a telephone call while driving; CommentsClose CommentsPermalink





‘(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) makes violation of the statute a primary offense; CommentsClose CommentsPermalink





‘(43) requires distracted driving issues to be tested as part of the State driver’s license examination; CommentsClose CommentsPermalink





‘(54) establishes-- CommentsClose CommentsPermalink





‘(A) a minimum fine for a first violation of the statute; and CommentsClose CommentsPermalink





‘(B) increased fines for repeat violations; and CommentsClose CommentsPermalink





‘(65) 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. CommentsClose CommentsPermalink





‘(d) Permitted Exceptions- A statute that meets the requirements of subsections (b) and (c) may provide exceptions for-- CommentsClose CommentsPermalink





‘(1) use of a personal wireless communications device by a driver to contact emergency services; CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(3) manipulation of such a device by a driver to activate, deactivate, or initialize the hands-free functionality of the device; CommentsClose CommentsPermalink





‘(34) 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 CommentsClose CommentsPermalink





‘(45) 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. CommentsClose CommentsPermalink





‘(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-- CommentsClose CommentsPermalink





‘(1) enacts a law that meets the requirements of subsections (b) and (c) before July 1; or CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(g) Use of Grant Funds- A State that receives a grant under this section-- CommentsClose CommentsPermalink





‘(1) shall use at least 50 percent of the grant-- CommentsClose CommentsPermalink





‘(A) to educate and advertise to the public information about the dangers of texting or using a cellphone while driving; CommentsClose CommentsPermalink





‘(B) for traffic signs that notify drivers about the distracted driving law of the State; CommentsClose CommentsPermalink





‘(C) for law enforcement of the distracted driving law; or CommentsClose CommentsPermalink





‘(D) for a combination of such uses; and CommentsClose CommentsPermalink





‘(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). CommentsClose CommentsPermalink





‘(h) Definitions- In this section: CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(5) Public road- The term ‘public road’ has the meaning given that term in section 402(c). CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents for chapter 4 of title 23, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink





‘413. Distracted driving incentive grants.’. CommentsClose CommentsPermalink

SEC. 3. DISTRACTED DRIVING NATIONAL EDUCATION PROGRAM.

(a) In General- The Administrator of the National Highway Traffic Safety Administration shall establish and administer a program under which at least 2 high-visibility education and advertising campaigns related to distracted driving will be carried out for the purpose specified in subsection (b) for fiscal years 2010 and 20111 and 2012. CommentsClose CommentsPermalink





(b) Purpose- The purpose of an education and advertising campaign under this section shall be to educate the public about the risks associated with distracted driving, including those associated with-- CommentsClose CommentsPermalink





(1) texting (as defined insection 413(h)(6) of title 23, United States Code) while driving; and CommentsClose CommentsPermalink





(2) the use of personal wireless communications devices (as defined in section 413(h)(3) of that title) while driving. CommentsClose CommentsPermalink





(c) Advertising- The Administrator may use, or authorize the use of, funds available to carry out this section to pay for the development, production, publication, and broadcast of electronic and print media advertising in carrying out traffic safety education and advertising campaigns under this section. The Administrator-- CommentsClose CommentsPermalink





(1) shall give consideration to advertising directed at non-English speaking populations, including those who listen, read, or watch nontraditional media; and CommentsClose CommentsPermalink





(2) may use a portion of the funds available for this program to target local jurisdictions that have enacted laws prohibiting texting or the use of personal wireless communications devices while driving. CommentsClose CommentsPermalink





(d) Coordination With States- The Administrator may coordinate with the States to carry out the education and advertising campaigns under this section to coincide with high-visibility enforcement of State laws prohibiting texting while driving or the use of personal wireless communications devices while driving. CommentsClose CommentsPermalink





(e) Annual Evaluation- The Administrator shall conduct an annual evaluation of the effectiveness of the education and advertising campaigns under this section, and report the results to the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Energy and Commerce. CommentsClose CommentsPermalink

SEC. 4. RESEARCH AND DATA COLLECTION.

(a) In General-Section 408(e)(2) of title 23, United States Code, is amended to read as follows: CommentsClose CommentsPermalink





‘(2) Data on use of electronic devices- CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(B) In order to meet the requirements of subparagraph (A), State and local governments shall-- CommentsClose CommentsPermalink





‘(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; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(iii) incorporate the information collected under clause (i) into its traffic safety information system.’. CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall apply with respect to grants undersection 408 of title 23, United States Code, for fiscal years beginning after fiscal year 2010. CommentsClose CommentsPermalink

SEC. 5. RESEARCH PROGRAM.

(a) In General- The Secretary of Transportation shall establish a research program to study distracted driving by passenger and commercial vehicle drivers. CommentsClose CommentsPermalink





(b) Scope- The program shall include studies of-- CommentsClose CommentsPermalink





(1) driver behavior; CommentsClose CommentsPermalink





(2) vehicle technology; and CommentsClose CommentsPermalink





(3) portable electronic devices that are commonly brought into passenger or commercial vehicles. CommentsClose CommentsPermalink





(c) Research Agreements- CommentsClose CommentsPermalink





(1) In general- In carrying out this section the Secretary may grant research contracts to non-governmental entities to study distracted driving. CommentsClose CommentsPermalink





(2) Limitations- The Secretary may not grant a research contract under this section to any person that produces or sells-- CommentsClose CommentsPermalink





(A) electronic equipment that is used in vehicles; CommentsClose CommentsPermalink





(B) portable electronic equipment commonly brought into passenger or commercial vehicles; or CommentsClose CommentsPermalink





(C) passenger or commercial vehicles. CommentsClose CommentsPermalink

SEC. 6. FCC REPORT ON DISTRACTED DRIVING TECHNOLOGY.

Within 180 days after the date of enactment of this Act, the Federal Communications Commission shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce that identifies-- CommentsClose CommentsPermalink





(1) data the Commission can collect and analyze that will assist in understanding and reducing the problem of distracted driving involving the use of personal communications devices; CommentsClose CommentsPermalink





(2) existing and developing wireless communications technology that may be used to reduce problems associated with distracted driving; and CommentsClose CommentsPermalink





(3) existing authority that the Commission may use to assist in reducing those problems. CommentsClose CommentsPermalink

SEC. 7. PROVISION OF INFORMATION TO STATES.

Section 30105 of title 49, United States Code, shall not apply to providing government-sponsored research and highway safety data, or providing technical assistance, relating to legislative proposals addressing the dangers or potential dangers of-- CommentsClose CommentsPermalink





(1) texting while driving a passenger vehicle, school bus, or commercial vehicle; or CommentsClose CommentsPermalink





(2) the use of personal wireless communications devices (as defined insection 413(h)(3) of title 23, United States Code) while driving a passenger vehicle, school bus, or commercial vehicle. CommentsClose CommentsPermalink

SEC. 8. COMMERCIAL MOTOR VEHICLES AND SCHOOL BUSES.

(a) In General- Subchapter III of chapter 311 of title 49, United States Code, is amended by adding at the end the following: CommentsClose CommentsPermalink

‘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 200910, 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-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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. CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents for chapter 311 of title 49, United States Code, is amended by inserting after the item relating to section 31151 the following: CommentsClose CommentsPermalink





‘31152. Regulation of the use of distracting devices in commercial motor vehicles and school buses.’. CommentsClose CommentsPermalink

SEC. 9. FUNDING.

(a) In General- Section 2001(a) of (4) ofPublic Law 109-59 is amended--

(1) by striking ‘and’ in paragraph (4);

(2) by striking ‘2009.’ in paragraph (4)10.’ and inserting ‘2009, $94,500,000 for fiscal year 2010, and $94,500,000 for fiscal year 201110, 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. ’; and

(3) by redesignating paragraph (11) as paragraph (12) and inserting after paragraph (10) the following:

‘(11) Distracted driving program- For carrying out section 3 of the Distracted Driving Prevention Act of 2009, $30,000,000 for each ofUnallocated amounts from sections 406 and 413 in a fiscal years 2010 and 2011 shall be carried over to the next fiscal year for use under sections 406 and 413.’. CommentsClose CommentsPermalink




(b) Conforming Amendment-Section 406 of title 23, United States Code, is amended by striking subsections (c) and (d). CommentsClose CommentsPermalink