HR 1515 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 1515CommentsClose CommentsPermalink

To provide driver safety grants to States with graduated driver licensing laws that meet certain minimum requirements.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

April 13, 2011CommentsClose CommentsPermalink

Mr. BISHOP of New York (for himself, Mr. HULTGREN, Mr. VAN HOLLEN, Mr. HOLDEN, Mr. HONDA, Mr. ISRAEL, Ms. SPEIER, Mrs. CAPPS, and Mr. DAVIS of Illinois) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide driver safety grants to States with graduated driver licensing laws that meet certain minimum requirements.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Safe Teen and Novice Driver Uniform Protection Act of 2011’ or the ‘STANDUP Act’.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(1) The National Highway Traffic Safety Administration has reported that--CommentsClose CommentsPermalink





(A) motor vehicle crashes are the leading cause of death of Americans between 15 and 20 years of age;CommentsClose CommentsPermalink





(B) between 1999 and 2009, more than 90,000 Americans were killed in motor vehicle crashes involving drivers between 15 and 20 years of age, an average of 155 deaths per week;CommentsClose CommentsPermalink





(C) drivers between 16 and 20 years of age have a fatality rate that is 4 times higher than the rate for drivers between 25 and 70 years of age; andCommentsClose CommentsPermalink





(D) teenage drivers who are 16 years of age have a motor vehicle crash rate that is almost 10 times higher than the crash rate for drivers between 30 and 60 years of age.CommentsClose CommentsPermalink





(2) The National Transportation Safety Board found that during the most recent 10-year period--CommentsClose CommentsPermalink





(A) teen drivers comprised less than 7 percent of the driving population and accounted for more than 13 percent of drivers involved in all deadly crashes; andCommentsClose CommentsPermalink





(B) more than 20 percent of all highway fatalities occurred in crashes that involved teen drivers.CommentsClose CommentsPermalink





(3) Analysis by the Children’s Hospital of Philadelphia Research Institute shows that--CommentsClose CommentsPermalink





(A) teenage drivers comprise approximately 40 percent of the fatalities in motor vehicle crashes in which they are involved; andCommentsClose CommentsPermalink





(B) the other 60 percent of the fatalities in those crashes are--CommentsClose CommentsPermalink





(i) passengers who were riding in the vehicle with the teen driver;CommentsClose CommentsPermalink





(ii) drivers and passengers in other vehicles involved in a crash with the teen driver’s vehicle; andCommentsClose CommentsPermalink





(iii) pedestrians.CommentsClose CommentsPermalink





(4) According to the Insurance Institute for Highway Safety--CommentsClose CommentsPermalink





(A) the chance that a vehicle driven by a 16- or 17-year-old will be involved in an accident--CommentsClose CommentsPermalink





(i) doubles when there are 2 other teens in the vehicle; andCommentsClose CommentsPermalink





(ii) quadruples when there are 4 teens in the vehicle;CommentsClose CommentsPermalink





(B) States with strong nighttime driving restrictions experience lower fatal crash rates among drivers ages 15 to 17 years old; andCommentsClose CommentsPermalink





(C) a higher age requirement for licensing teen drivers is correlated with a lower number of fatal crashes per capita.CommentsClose CommentsPermalink





(5) The National Highway Traffic Safety Administration has found that distraction caused by cellular phones is significant enough to degrade driver performance, and is particularly dangerous for inexperienced drivers between 15 and 20 years of age.CommentsClose CommentsPermalink





(6) That National Transportation Safety Board has found that although only 20 percent of driving by teenage drivers occurs at night, more than 50 percent of the motor vehicle crash fatalities involving teenage drivers occur at night.CommentsClose CommentsPermalink





(7) According to a 2007 report from the Texas Transportation Institute at Texas A & M University--CommentsClose CommentsPermalink





(A) teenage drivers in rural areas are less likely to be aware of the risks and dangers associated with driving, placing them at higher risk of involvement in crashes;CommentsClose CommentsPermalink





(B) teen drivers are more likely than other drivers--CommentsClose CommentsPermalink





(i) to drive with other teenage passengers;CommentsClose CommentsPermalink





(ii) to drive late at night;CommentsClose CommentsPermalink





(iii) to exceed the speed limit;CommentsClose CommentsPermalink





(iv) to use cell phones while driving; andCommentsClose CommentsPermalink





(v) to fail to use seat belts while driving.CommentsClose CommentsPermalink





(8) The National Highway Traffic Safety Administration reports that although 23 percent of the population of the United States lives in rural areas, 57 percent of all traffic fatalities occur on rural roads, underscoring the elevated crash risk for teen drivers in rural areas.CommentsClose CommentsPermalink





(9) The American Academy of Pediatrics has found evidence that the area of the brain responsible for planning, impulse control, and executive decision-making does not fully mature until a person is between 20 and 25 years of age, placing teen drivers at greater risk of being involved in an accident.CommentsClose CommentsPermalink





(10) The Journal of the American Medical Association reports that after Michigan and North Carolina adopted comprehensive graduated driver licensing systems in 1997, crashes involving 16-year-old drivers decreased by 25 percent in Michigan and by 27 percent in North Carolina.CommentsClose CommentsPermalink





(11) According to the Office of the Illinois Secretary of State, teen driving deaths dropped by over 40 percent in Illinois in the first full year following the 2007 implementation of a stronger graduated driver licensing law.CommentsClose CommentsPermalink





(12) The National Transportation Safety Board reports that over 40 States and the District of Columbia have implemented some type of 3-stage graduated driver licensing system. However, most States have not yet enacted all of the lifesaving safety features of graduated driver licensing laws recommended by the National Transportation Safety Board and supported by research to protect the lives of teenage and novice drivers.CommentsClose CommentsPermalink





(13) A 2010 national survey by the Insurance Institute of Highway Safety indicates that--CommentsClose CommentsPermalink





(A) parents of teens favor graduated driver licensing laws that are as strict or stricter than those that currently exist in any State;CommentsClose CommentsPermalink





(B) 2/3 of parents of teens believe that young drivers should begin learning to drive at 16 years of age or older;CommentsClose CommentsPermalink





(C) more than 1/2 of parents of teens believe that the minimum licensing age should be 17 years of age or older;CommentsClose CommentsPermalink





(D) 90 percent of parents of teens support a restriction on unsupervised nighttime driving;CommentsClose CommentsPermalink





(E) more than 75 percent of parents of teens believe that the restriction on unsupervised nighttime driving should begin at 10 p.m. or earlier;CommentsClose CommentsPermalink





(F) 89 percent of parents of teens support restrictions on teen passengers; andCommentsClose CommentsPermalink





(G) more than 75 percent of parents of teens believe that teen drivers should not be permitted to more than 1 teen passenger in their vehicle.CommentsClose CommentsPermalink

SEC. 3. STATE GRADUATED DRIVER LICENSING LAWS.

(a) Minimum Requirements-CommentsClose CommentsPermalink





(1) IN GENERAL- A State is in compliance with this section if the State has a graduated driver licensing law that requires novice drivers younger than 21 years of age to comply with the 2-stage licensing process described in paragraph (2) before receiving an unrestricted driver’s license.CommentsClose CommentsPermalink





(2) LICENSING PROCESS- A State is in compliance with the 2-stage licensing process described in this paragraph if the State’s driver’s license laws include--CommentsClose CommentsPermalink





(A) a learner’s permit stage that--CommentsClose CommentsPermalink





(i) commences at 16 years of age or older;CommentsClose CommentsPermalink





(ii) is at least 6 months in duration;CommentsClose CommentsPermalink





(iii) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation; andCommentsClose CommentsPermalink





(iv) remains in effect until--CommentsClose CommentsPermalink





(I) the commencement of the intermediate stage; orCommentsClose CommentsPermalink





(II) the driver reaches 18 years of age;CommentsClose CommentsPermalink





(B) an intermediate stage that--CommentsClose CommentsPermalink





(i) commences immediately after the expiration of the learner’s permit stage;CommentsClose CommentsPermalink





(ii) is at least 6 months in duration;CommentsClose CommentsPermalink





(iii) prohibits the driver from using a cellular telephone or any communications device in a nonemergency situation;CommentsClose CommentsPermalink





(iv) prohibits driving at night;CommentsClose CommentsPermalink





(v) prohibits the driver from operating a motor vehicle with more than 1 non-familial passenger younger than 21 years of age unless a licensed driver who is at least 21 years of age is in the motor vehicle; andCommentsClose CommentsPermalink





(vi) remains in effect until the driver reaches 18 years of age; andCommentsClose CommentsPermalink





(C) any other requirement that the Secretary of Transportation may require, including--CommentsClose CommentsPermalink





(i) in the learner’s permit stage--CommentsClose CommentsPermalink





(I) at least 40 hours of behind-the-wheel training with a licensed driver who is at least 21 years of age;CommentsClose CommentsPermalink





(II) a driver training course; andCommentsClose CommentsPermalink





(III) a requirement that any such driver be accompanied and supervised by a licensed driver who is at least 21 years of age at all times while such driver is operating a motor vehicle; andCommentsClose CommentsPermalink





(ii) in the learner’s permit or intermediate stage, a requirement that, in addition to any other penalties imposed by State law, the grant of an unrestricted driver’s license be automatically delayed for any individual who, during the learner’s permit or intermediate stage, is convicted of a driving-related offense, such as--CommentsClose CommentsPermalink





(I) driving while intoxicated;CommentsClose CommentsPermalink





(II) misrepresentation of his or her true age;CommentsClose CommentsPermalink





(III) reckless driving;CommentsClose CommentsPermalink





(IV) driving without wearing a seat belt;CommentsClose CommentsPermalink





(V) speeding; orCommentsClose CommentsPermalink





(VI) any other driving-related offense, as determined by the Secretary.CommentsClose CommentsPermalink





(b) Rulemaking-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Transportation shall promulgate regulations necessary to implement this section in accordance with the notice and comment provisions under section 553 of title 5, United States.CommentsClose CommentsPermalink





(2) EXCEPTION- A State that otherwise meets the minimum requirements set forth in subsection (a) shall be deemed by the Secretary to be in compliance with this section regardless of whether a State law, which was enacted by the State before January 1, 2011, establishes a class of license that permits licensees younger than 18 years of age to drive a motor vehicle in connection with work performed on or for the operation of a farm owned by family members who are directly related to the licensees.CommentsClose CommentsPermalink

SEC. 4. INCENTIVE GRANTS.

(a) In General- For each of the first 3 fiscal years beginning after the date of enactment of this Act, the Secretary of Transportation shall award a grant to any State that submits an application under subsection (b) if that State is in compliance with section 3(a) on or before the first day of that fiscal year.CommentsClose CommentsPermalink





(b) Application-CommentsClose CommentsPermalink





(1) IN GENERAL- Any State desiring a grant under this section shall submit an application to the Secretary of Transportation at such time, in such manner, and containing such information as the Secretary may require, including a certification by the Governor of the State that the State is in compliance with section 3(a).CommentsClose CommentsPermalink





(2) REVIEW- The Secretary shall review each State application and determine whether or not the State is in compliance with section 3(a).CommentsClose CommentsPermalink





(c) Grants- Amounts appropriated to carry out this section for each fiscal year shall be apportioned to each State that is in compliance with section 3(a) in an amount determined by multiplying--CommentsClose CommentsPermalink





(1) the amount appropriated to carry out this section for such fiscal year; byCommentsClose CommentsPermalink





(2) the ratio that the amount of funds apportioned to each such State for such fiscal year under section 402 of title 23, United States Code, bears to the total amount of funds apportioned to all such States for such fiscal year under such section.CommentsClose CommentsPermalink





(d) Use of Funds- Amounts received by a State from a grant awarded under this section may be used for--CommentsClose CommentsPermalink





(1) enforcing a 2-stage licensing process that complies with section 3(a)(2);CommentsClose CommentsPermalink





(2) training for law enforcement personnel and other relevant State agency personnel relating to the enforcement described in paragraph (1);CommentsClose CommentsPermalink





(3) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law; andCommentsClose CommentsPermalink





(4) carrying out other administrative activities that the Secretary considers relevant to the State’s 2-stage licensing process.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated $25,000,000, out of the Highway Trust Fund (other than the Mass Transit Account), to carry out this section during each fiscal year described in subsection (a).CommentsClose CommentsPermalink





(f) Applicability of Chapter 1- The provisions contained in section 402(d) of title 23, United States Code, apply to this section.CommentsClose CommentsPermalink

SEC. 5. WITHHOLDING OF FUNDS FOR NONCOMPLIANCE.

(a) In General-CommentsClose CommentsPermalink





(1) FOURTH FISCAL YEAR- On the first day of the fourth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 3 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if the State is not in compliance with section 3(a) on the first day of such fiscal year.CommentsClose CommentsPermalink





(2) FIFTH FISCAL YEAR- On the first day of the fifth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 5 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) on the first day of such fiscal year.CommentsClose CommentsPermalink





(3) SIXTH AND SUBSEQUENT FISCAL YEARS- On the first day of each fiscal year after the fifth fiscal year beginning after the date of the enactment of this Act, the Secretary shall withhold 10 percent of the amount otherwise required to be apportioned to any State for such fiscal year under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, if that State is not in compliance with section 3(a) on the first day of such fiscal year.CommentsClose CommentsPermalink





(b) Period of Availability of Withheld Funds-CommentsClose CommentsPermalink





(1) FUNDS WITHHELD BEFORE THE END OF THE SIXTH FISCAL YEAR- Any amount withheld from any State under subsection (a) on or before the last day of the sixth fiscal year beginning after the date of the enactment of this Act, shall remain available for distribution to the State under subsection (c) until the end of the third fiscal year following the fiscal year for which such amount is appropriated.CommentsClose CommentsPermalink





(2) FUNDS WITHHELD AFTER THE SIXTH FISCAL YEAR- Any amount withheld under subsection (a)(2) from any State after the end of the sixth fiscal year beginning after the date of the enactment of this Act, may not be distributed to the State.CommentsClose CommentsPermalink





(c) Apportionment of Withheld Funds After Compliance-CommentsClose CommentsPermalink





(1) IN GENERAL- If, before the last day of the period for which funds withheld under subsection (a) remain available to a State under subsection (b), the State comes into compliance with section 3(a), the Secretary of Transportation shall, on the first day on which the Secretary determines the State has come into compliance, distribute to the State any amounts withheld under subsection (a) that remains available for apportionment to the State.CommentsClose CommentsPermalink





(2) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED FUNDS- Any amount distributed under paragraph (1) shall remain available for expenditure by the State until the end of the third fiscal year following the year for which the funds are so apportioned. Any amount not expended by the State by the end of such period shall lapse.CommentsClose CommentsPermalink





(3) EFFECT OF NONCOMPLIANCE- If a State is not in compliance with section 3(a) at the end of the period for which any amount withheld under subsection (a) remains available for distribution to the State under subsection (b), such amount shall lapse.CommentsClose CommentsPermalink