The issue of distracted driving has been brought to the top transportation safety issues.
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.
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 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.
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.
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