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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NATIONAL STANDARDS TO PREVENT DIS-
TRACTED DRIVING. 
(a) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 167. National standards to prevent distracted driv-
ing 
‘‘(a) PENALTY.—On October 1, 2011, and October 
1 of each fiscal year thereafter, if a State does not meet 
the requirement of subsection (b), the Secretary shall 
withhold from amounts apportioned to the State on that 
date under each of sections 104(b)(1), 104(b)(3), and 
104(b)(4) an amount equal to the amount specified in sub-
section (c). 
‘‘(b) REQUIREMENT.— 
‘‘(1) IN GENERAL.—A State meets the require-
ment of this subsection if the State has enacted and 
is enforcing a law that prohibits a person from oper-
ating a motor vehicle in the State while the person 
is using a wireless communications device to com-
pose, read, or send an electronic message, when the 
vehicle is in motion or part of traffic. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not 
apply if a wireless communications device is used— 
‘‘(A) solely in a voice-activated or other 
hands-free mode; 
‘‘(B) for making a cellular phone call; 
‘‘(C) for obtaining emergency assistance 
to— 
‘‘(i) report a traffic accident, medical 
emergency, or serious traffic hazard; or 
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‘‘(ii) prevent a crime about to be com-
mitted; 
‘‘(D) in the reasonable belief that a per-
son’s life or safety is in immediate danger; 
‘‘(E) in an authorized emergency vehicle 
while in the performance of official duties; 
‘‘(F) when a motor vehicle is stopped and 
the driver has the motor vehicle transmission in 
neutral or park; and 
‘‘(G) in other circumstances, as identified 
by the Secretary by regulation, in which use of 
a wireless communications device does not ad-
versely affect safety. 
‘‘(c) AMOUNT TO BE WITHHELD.—If a State is sub-
ject to a penalty under subsection (a), the Secretary shall 
withhold for a fiscal year from the apportionments of the 
State described in subsection (a) an amount equal to a 
percentage of the funds apportioned to the State under 
each of sections 104(b)(1), 104(b)(3), and 104(b)(4) for 
fiscal year 2009. The percentage shall be as follows: 
‘‘(1) For fiscal year 2012, 2 percent. 
‘‘(2) For fiscal year 2013, 4 percent. 
‘‘(3) For fiscal year 2014, 6 percent. 
‘‘(4) For fiscal year 2015, and each fiscal year 
thereafter, 8 percent. 
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‘‘(d) EFFECT
OF COMPLIANCE
AND NONCOMPLI-
ANCE.—If, within 4 years from the date that an apportion-
ment for a State is withheld in accordance with this sec-
tion, the Secretary determines that the State meets the 
requirement of subsection (b), the apportionment of the 
State shall be increased by an amount equal to the amount 
withheld. If, at the end of such 4-year period, a State does 
not meet the requirement of subsection (b) any amounts 
so withheld from the State shall lapse. 
‘‘(e) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) ELECTRONIC MESSAGE.— 
‘‘(A) IN GENERAL.—The term ‘electronic 
message’ means a self-contained piece of digital 
communication that is designed or intended to 
be transmitted between physical devices. 
‘‘(B) INCLUSIONS.—The term includes e- 
mail, a text message, an instant message, a 
command or request to access a World Wide 
Web page, or other data that uses a commonly 
recognized electronic communications protocol. 
An electronic message does not include voice or 
other data transmitted as a result of making a 
phone call, or data transmitted automatically by 
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a wireless communications device without direct 
initiation by a person. 
‘‘(2) WIRELESS COMMUNICATIONS DEVICE.— 
‘‘(A) IN
GENERAL.—The term ‘wireless 
communications device’ means— 
‘‘(i) a cellular phone; or 
‘‘(ii) a portable electronic device that 
is capable of receiving and transmitting 
data, including to text messages and e- 
mail, without an access line for service. 
‘‘(B) EXCLUSION.—The term does not in-
clude a device that is permanently affixed to the 
vehicle, including a global positioning system or 
navigation system.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘167. National standards to prevent distracted driving.’’. 
Æ 
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