I 

111TH CONGRESS 

1ST SESSION H. R. 4153 

To amend title 23, United States Code, to establish national standards to 

prevent distracted driving, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2009 

Mr. PLATTS (for himself and Mrs. MCCARTHY of New York) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL 

To amend title 23, United States Code, to establish national 

standards to prevent distracted driving, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. NATIONAL STANDARDS TO PREVENT DIS4 TRACTED DRIVING. 

5 (a) IN GENERAL.—Chapter 1 of title 23, United 

6 States Code, is amended by adding at the end the fol7 lowing: 


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1 ‘‘§ 167. National standards to prevent distracted driv2 ing 

3 ‘‘(a) PENALTY.—On October 1, 2011, and October 

4 1 of each fiscal year thereafter, if a State does not meet 

5 the requirement of subsection (b), the Secretary shall 

6 withhold from amounts apportioned to the State on that 

7 date under each of sections 104(b)(1), 104(b)(3), and 

8 104(b)(4) an amount equal to the amount specified in sub9 section (c). 

10 ‘‘(b) REQUIREMENT.— 

11 ‘‘(1) IN GENERAL.—A State meets the require12 ment of this subsection if the State has enacted and 

13 is enforcing a law that prohibits a person from oper14 ating a motor vehicle in the State while the person 

15 is using a wireless communications device to com16 pose, read, or send an electronic message, when the 

17 vehicle is in motion or part of traffic. 

18 ‘‘(2) EXCEPTIONS.—Paragraph (1) does not 

19 apply if a wireless communications device is used— 

20 ‘‘(A) solely in a voice-activated or other 

21 hands-free mode; 

22 ‘‘(B) for making a cellular phone call; 

23 ‘‘(C) for obtaining emergency assistance 

24 to— 

25 ‘‘(i) report a traffic accident, medical 

26 emergency, or serious traffic hazard; or 


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1 ‘‘(ii) prevent a crime about to be com2 mitted; 

3 ‘‘(D) in the reasonable belief that a per4 son’s life or safety is in immediate danger; 

5 ‘‘(E) in an authorized emergency vehicle 

6 while in the performance of official duties; 

7 ‘‘(F) when a motor vehicle is stopped and 

8 the driver has the motor vehicle transmission in 

9 neutral or park; and 

10 ‘‘(G) in other circumstances, as identified 

11 by the Secretary by regulation, in which use of 

12 a wireless communications device does not ad13 versely affect safety. 

14 ‘‘(c) AMOUNT TO BE WITHHELD.—If a State is sub15 ject to a penalty under subsection (a), the Secretary shall 

16 withhold for a fiscal year from the apportionments of the 

17 State described in subsection (a) an amount equal to a 

18 percentage of the funds apportioned to the State under 

19 each of sections 104(b)(1), 104(b)(3), and 104(b)(4) for 

20 fiscal year 2009. The percentage shall be as follows: 

21 ‘‘(1) For fiscal year 2012, 2 percent. 

22 ‘‘(2) For fiscal year 2013, 4 percent. 

23 ‘‘(3) For fiscal year 2014, 6 percent. 

24 ‘‘(4) For fiscal year 2015, and each fiscal year 

25 thereafter, 8 percent. 


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1 ‘‘(d) EFFECT OF COMPLIANCE AND NONCOMPLI2 ANCE.—If, within 4 years from the date that an apportion3 ment for a State is withheld in accordance with this sec4 tion, the Secretary determines that the State meets the 

5 requirement of subsection (b), the apportionment of the 

6 State shall be increased by an amount equal to the amount 

7 withheld. If, at the end of such 4-year period, a State does 

8 not meet the requirement of subsection (b) any amounts 

9 so withheld from the State shall lapse. 

10 ‘‘(e) DEFINITIONS.—In this section, the following 

11 definitions apply: 

12 ‘‘(1) ELECTRONIC MESSAGE.— 

13 ‘‘(A) IN GENERAL.—The term ‘electronic 

14 message’ means a self-contained piece of digital 

15 communication that is designed or intended to 

16 be transmitted between physical devices. 

17 ‘‘(B) INCLUSIONS.—The term includes e18 mail, a text message, an instant message, a 

19 command or request to access a World Wide 

20 Web page, or other data that uses a commonly 

21 recognized electronic communications protocol. 

22 An electronic message does not include voice or 

23 other data transmitted as a result of making a 

24 phone call, or data transmitted automatically by 


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1 a wireless communications device without direct 

2 initiation by a person. 

3 ‘‘(2) WIRELESS COMMUNICATIONS DEVICE.— 

4 ‘‘(A) IN GENERAL.—The term ‘wireless 

5 communications device’ means— 

6 ‘‘(i) a cellular phone; or 

7 ‘‘(ii) a portable electronic device that 

8 is capable of receiving and transmitting 

9 data, including to text messages and e10 mail, without an access line for service. 

11 ‘‘(B) EXCLUSION.—The term does not in12 clude a device that is permanently affixed to the 

13 vehicle, including a global positioning system or 

14 navigation system.’’. 

15 (b) CLERICAL AMENDMENT.—The analysis for such 

16 chapter is amended by adding at the end the following: 

‘‘167. National standards to prevent distracted driving.’’. 

Æ 


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