89–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–338 

EXPRESSING SUPPORT FOR DESIGNATION OF NOVEMBER 

29, 2009, AS ‘‘DRIVE SAFER SUNDAY’’ 

NOVEMBER 16, 2009.—Referred to the House Calendar and ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H. Res. 841] 

The Committee on Transportation and Infrastructure, to whom 

was referred the resolution (H. Res. 841) expressing support for 

designation of November 29, 2009, as ‘‘Drive Safer Sunday,’’ having 

considered the same, report favorably thereon without amendment 

and recommend that the resolution be agreed to. 

PURPOSE OF THE LEGISLATION

H. Res. 841 expresses support for the designation of November 

29, 2009, as ‘‘Drive Safer Sunday.’’ The resolution calls on governments of all levels, community leaders, academic institutions, and 

clergy to join together in raising awareness of the threats to public 

safety due to roadway accidents, particularly those accidents 

caused by distracted driving involving the use of electronic devices, 

such as cell phones and personal data assistants while driving. 

BACKGROUND AND NEED FOR LEGISLATION

According to the National Highway Traffic Safety Administration 

(NHTSA), 37,261 people were killed in motor vehicle traffic crashes 

in 2008. The number of fatalities equates to more than 100 people 

a day lost on the nation’s roadways. Over the past five years, an 

average of 41,500 people have lost their lives on the nation’s roadways. The annual economic cost of motor vehicle crashes to the 

U.S. economy is $289 billion. Many of these fatalities could have 

been prevented by improved driver awareness and the elimination 

of distractions to drivers. 

According to NHTSA data, in 2008, 16 percent of all fatal crashes 

involved distracted driving. On September 30, 2009, Department of 

Transportation (DOT) Secretary Ray LaHood announced new 


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NHTSA research findings that show that nearly 6,000 people died 

in 2008 in crashes involving a distracted or inattentive driver, and 

more than 500,000 people were injured in such accidents. 

The term ‘‘distracted driving’’ can refer to anything that takes a 

driver’s eyes, hands, or mind away from driving, including food and 

beverages, traffic accidents, adjusting the radio, children, pets, objects moving in the vehicle, talking or texting on a cell phone, 

smoking, putting on makeup, shaving, and reading. Recently, particular attention has focused on the impact that driving while talking on a cell phone or texting has on roadway safety. 

In testimony before the Subcommittee on Highways and Transit 

on October 29, 2009, Dr. Tom Dingus of the Virginia Tech Transportation Institute, reported that texting while driving continues to 

present a growing threat to roadway safety, and the complexity of 

the electronic and wireless devices being used while driving today 

require a higher level of visual and cognitive attention from the 

driver, thus making these devices increasingly distracting. Recent 

Virginia Tech Transportation Institute studies have found that text 

messaging using a cell phone was associated with the highest risk 

of all non-driving tasks and is 20 times riskier than driving without distraction. The studies also found that texting required the 

longest duration of eyes-off-road time (an average of 4.6 seconds) 

of all non-driving tasks. This amount of eyes-off-road time is equivalent to a driver traveling the length of a football field at 55 miles 

per hour without looking at the roadway. 

According to the NHTSA National Occupant Protection Use Survey, in 2007, hand-held electronic device use by drivers had increased to six percent of all drivers. This percentage equals 

1,005,000 vehicles on the road at any given daylight moment (7:00 

a.m. to 6:00 p.m.) being driven by someone using a hand-held electronic device. 

According to an American Automobile Association Foundation 

2008 Traffic Safety Culture Index, cell phone use while driving is 

growing among all age groups. Specifically, two of three drivers 

aged 18 to 34 reported using a cell phone while driving, but 53 percent of drivers aged 45 to 54 also admitted using a cell phone while 

driving. The report also found that using a cell phone while driving 

has been found to quadruple your risk of crashing. 

According to the National Safety Council, a nonprofit safety advocacy group, several hundred companies have banned employees 

from using their cell phones while driving. The National Safety 

Council states that such bans improve safety, help limit the liability of employers when accidents do occur, and free employees from 

feeling pressure to respond immediately while they are behind the 

wheel. 

To combat this growing threat to roadway safety, many States 

and localities have chosen to enact laws prohibiting talking on a 

cell phone or text messaging while driving. Numerous bills have 

been introduced during the 111th Congress to address distracted 

driving, including legislation to withhold Federal highway funds 

from States that fail to enact laws barring the sending of text or 

e-mail messages while operating a car or commercial motor vehicle. 

While Congress continues to consider comprehensive surface 

transportation and highway safety legislation, the House of Representatives and the Obama administration have taken immediate 


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steps to begin combating the threat of distracted driving to roadway safety. 

On October 1, 2009, President Obama issued an Executive Order 

banning all Federal employees from texting while driving on official 

business or while using Government-supplied equipment or vehicles. With nearly three million civilian employees, as well as military personnel, this ban will help save lives, reduce injuries, and 

set an example for State and local governments, private employers, 

and individual drivers. 

In addition, Secretary LaHood announced that DOT will initiate 

rulemakings to ban text messaging and restrict the use of cell 

phones by interstate commercial motor vehicle and bus operators, 

and revoke the Commercial Driver Licenses of school bus drivers 

convicted of texting while driving. 

On November 4, 2009, the Committee on House Administration 

passed Committee Resolution 111–7, introduced by House Administration Committee Chairman Robert A. Brady, which prohibits 

House employees from text messaging while driving when on official business or using House-supplied equipment. The prohibition 

extends to SMS text messaging, e-mailing, instant messaging, and 

other forms of electronic data communication. 

H. Res. 841 seeks to raise awareness of this threat to public safety, particularly during the busy driving days of the Thanksgiving 

holiday season. Studies have shown that driver behavior can be effectively improved through education and awareness. With millions 

of Americans traveling on the nation’s highways for the Thanksgiving holiday, the risk of traffic fatalities increases substantially. 

During the 2008 Thanksgiving holiday travel season, 389 passenger vehicle occupants were killed in motor vehicle crashes nationwide. In an effort to combat the growing risk of driver distraction, this resolution encourages all Americans to practice safe driving this Thanksgiving holiday season. 

SUMMARY OF THE LEGISLATION

H. Res. 841 expresses support for the designation of November 

29, 2009, as ‘‘Drive Safer Sunday.’’ The resolution encourages high 

schools, colleges, universities, administrators, teachers, primary 

schools, and secondary schools to launch campus-wide educational 

campaigns to urge students to be careful about safety when driving. The resolution also encourages national trucking firms to alert 

their drivers to be especially focused on driving safely during the 

holiday travel season and reminds clergy to speak to their members about the importance of safe driving. Further, the resolution 

encourages law enforcement personnel to remind drivers and passengers to drive safer, and all people of the United States to use 

this as an opportunity to educate themselves about the dangers of 

distracted driving and highway safety. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

On July 16, 2008, the Subcommittee on Highways and Transit 

held a hearing on NHTSA’s behavioral highway safety programs. 

On October 15, 2009, Representative Jim Gerlach introduced H. 

Res. 841. This resolution has not been introduced in a previous 

Congress. 


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On October 29, 2009, the Subcommittee on Highways and Transit held a hearing on ‘‘Addressing the Problem of Distracted Driving.’’ 

On November 5, 2009, the Committee on Transportation and Infrastructure met in open session to consider H. Res. 841, and ordered the resolution reported favorably to the House by voice vote 

with a quorum present. 

RECORD VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each record vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken in connection with consideration of H. Res. 841, or ordering the resolution reported. A motion to order H. Res. 841 reported favorably to the House was agreed to by voice vote with a 

quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

With respect to clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, H. Res. 841 is a resolution of the House 

of Representatives, and therefore does not have the force of law. As 

such, there is no cost associated with this resolution for fiscal year 

2010, or any fiscal year thereafter. 

COMPLIANCE WITH HOUSE RULE XIII

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and section 308(a) of 

the Congressional Budget Act of 1974, the Committee advises that 

the resolution contains no measure that authorizes funding, so no 

comparison of the total estimated funding level for the relevant 

programs to the appropriate level under current law is required. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the Committee advises that the resolution contains no measure that authorizes funding, so no statement of general performance and objectives for any 

measure that authorizes funding is required. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee advises that the 

resolution contains no measure that authorizes funding, so no cost 

estimate nor comparison for any measure that authorizes funding 

is required. 

COMPLIANCE WITH HOUSE RULE XXI

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits, 


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as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 

the House of Representatives. H. Res. 841 does not contain any 

earmarks, limited tax benefits, or limited tariff benefits under 

clause 9(e), 9(f), or 9(g) of rule XXI. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, H. Res. 841 is a resolution of the House of Representatives, and therefore does not have the force of law. As such, 

clause 3(d)(1) of rule XIII does not apply. 

FEDERAL MANDATES STATEMENT

H. Res. 841 contains no Federal mandates. 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H. Res. 841 does not preempt any state, local, or tribal law. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the resolution does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (P.L. 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

H. Res. 841 makes no changes in existing law. 

Æ 


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