Distracted driving: Government pursues texting law

The issue of distracted driving has been propelled to the forefront of top transportation safety issues, but the larger question is what to do about it? Following on the heels of last month’s Department of Transportation two-day Distracted Driving Summit, which discussed the problems and addressed possible solutions, the issue is now hitting Congress. Two bills have been introduced in the Senate that take different approaches to programs and incentives for the states to enact to help combat this growing problem. (Read our highlights from the Distracted Driving Summit.)
 
One bill, titled the Distracted Driving Prevention Act of 2009, was introduced by Senate Commerce Committee chairman John Rockefeller of West Virginia, and Commerce Committee Ranking Member Kay Bailey Hutchinson of Texas, among other Senators. It offers financial incentives to states that enact texting bans, require using a hands-free cell phone device, and prohibit young drivers from using any cell phone while driving. To qualify for the grant money, there are a number of provisions:

• The state law must make a violation a primary offense, which means that police can pull over a driver without any other moving violation.
• Requires a minimum fine for first and increased penalties for subsequent violations.
• Civil and criminal penalties to a driver who causes an accident due to cell phone use.
• The subject of distracted driving must be added to the state’s driver’s license exam.

Some exceptions include calling 911, use by emergency personnel, and using the phone in a parked vehicle.
 
The money for the grants will not involve an additional financial burden as it will come from redirecting unused surpluses from the seat-belt safety program. Once states enact these laws, they can then apply for the funds to use in driver education programs on the dangers of distracted driving and for other projects that improve traffic safety. This program will model the already successful drunk driving and “click it or ticket” seat-belt campaigns.
 
Additional provisions of the bill include a national driver distraction education program run by the National Highway Traffic Safety Administration (NHTSA) and further research, data, and reporting of accidents by police.
 
The second bill, titled the ALERT Drivers Act of 2009, was introduced by Senator Schumer of New York along with three other Senators, earlier this year. Senator Schumer testified at last week’s Commerce Committee hearing in support of his bill; he is also a cosponsor of Senator Rockefeller’s bill. The ALERT Drivers Act takes a “stick” approach, as opposed to the “carrot” approach of the other bill, by reducing the amount of Federal highway funds available to states that do not enact a law prohibiting drivers from writing, sending, or reading text messages or e-mails while operating a motor vehicle. At the hearing, there was debate among the Senators about whether the “carrot” or the “stick” method is the better way to approach this epidemic.
 
Currently 18 states, plus the District of Columbia, have a law addressing texting-while-driving. Use of cell phones by novice drivers is restricted in 21 states and the District of Columbia, and seven states, plus the District of Columbia have statewide hand-held driving bans. 
 
A 2008 government study noted that in any given moment there are 812,000 distracted drivers on the road. This bill aims to make sure that their lives, as well as their passengers and everyone else on the road, are not at risk.
 
—Liza Barth 

For more information on distracted driving see our related reports:
Hands-free cell phone laws: Are they effective?
Distracted driving summit: The highlights

Choosing words wisely in the distracted driving discussion
Distracted Driving Summit: The hands-free debate
Defining the problem: Casting a wide net over driver distraction
Automakers agree to ban
Anti-texting video to scare drivers straight
Using wireless communication devices while driving
Cell phone use and driving laws
Dangers of cell phones while driving
Should cell phone use by drivers be illegal?