II 

111TH CONGRESS 

1ST SESSION S. 2745 

To prohibit the use of personal wireless communications devices and laptop 

computers by the flight crew of commercial aircraft on the flight deck 

of such aircraft during aircraft operations. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 5, 2009 

Mr. DORGAN (for himself, Ms. KLOBUCHAR, Mr. ROCKEFELLER, Mr. LAUTENBERG, and Mr. FRANKEN) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To prohibit the use of personal wireless communications devices and laptop computers by the flight crew of commercial aircraft on the flight deck of such aircraft during 

aircraft operations. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Distracted Flying 

5 Act’’. 


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•S 2745 IS 

1 SEC. 2. PROHIBITION ON PERSONAL USE OF CERTAIN DE2 VICES ON FLIGHT DECK. 

3 (a) IN GENERAL.—Chapter 447 of title 49, United 

4 States Code, is amended by adding at the end thereof the 

5 following: 

6 ‘‘§ 44730. Use of certain devices on flight deck 

7 ‘‘(a) IN GENERAL.—It is unlawful for any member 

8 of the flight crew of an aircraft used to provide air trans9 portation under part 121 of title 14, Code of Federal Reg10 ulations, to use a personal wireless communications device 

11 or laptop computer while at the crew member’s duty sta12 tion on the flight deck of such an aircraft while the air13 craft is being operated. 

14 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

15 the use of a personal wireless communications device or 

16 laptop computer for a purpose directly related to operation 

17 of the aircraft, or for emergency, safety-related, or em18 ployment-related communications, in accordance with pro19 cedures established by the air carrier or the Federal Avia20 tion Administration. 

21 ‘‘(c) ENFORCEMENT.—In addition to the penalties 

22 provided under section 46301 of this title applicable to any 

23 violation of this section, the Administrator of the Federal 

24 Aviation Administration may enforce compliance with this 

25 section under section 44709. 


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•S 2745 IS 

1 ‘‘(d) PERSONAL WIRELESS COMMUNICATIONS DE2 VICE DEFINED.—The term ‘personal wireless communica3 tions device’ means a device through which personal wire4 less services (as defined in section 332(c)(7)(C)(i) of the 

5 Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) 

6 are transmitted.’’. 

7 (b) PENALTY.—Section 44711(a) of title 49, United 

8 States Code, is amended— 

9 (1) by striking ‘‘or’’ after the semicolon in 

10 paragraph (8); 

11 (2) by striking ‘‘title.’’ in paragraph (9) and in12 serting ‘‘title; or’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(10) violate section 44730 of this title or any 

15 regulation issued thereunder.’’. 

16 (c) CONFORMING AMENDMENT.—The table of con17 tents for chapter 447 of title 49, United States Code, is 

18 amended by adding at the end thereof the following: 

‘‘44730. Use of certain devices on flight deck’’. 

19 SEC. 3. REGULATIONS. 

20 Within 30 days after the date of enactment of this 

21 Act, the Secretary of Transportation shall initiate a rule22 making procedure for regulations under section 44730 of 

23 title 49, United States Code, and shall issue a final rule 


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•S 2745 IS 

1 thereunder within 1 year after the date of enactment of 

2 this Act. 

Æ 


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