I
103D CONGRESS
1ST SESSION
H. R. 1719
To promote the implementation of programs to improve the traffic safety
performance of high risk drivers.
IN THE HOUSE OF REPRESENTATIVES
APRIL 19, 1993
Mr. WOLF introduced the following bill; which was referred to the Committee
on Public Works and Transportation
A BILL
To promote the implementation of programs to improve the
traffic safety performance of high risk drivers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘High Risk Drivers Act
of 1993’’.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Nation’s traffic fatality rate has de-
clined from 5.5 deaths per 100 million vehicle miles
traveled in 1966 to an historic low of an estimated
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1.8 deaths per 100 million vehicle miles traveled
during 1992. In order to further this desired trend,
the safety programs and policies implemented by the
Department of Transportation must be continued,
and at the same time, the focus of these efforts as
they pertain to high risk drivers of all ages must be
strengthened.
(2) Motor vehicle crashes are the leading cause
of death among teenagers, and teenage drivers tend
to be at fault for their fatal crashes more often than
older drivers. Drivers who are 16 to 20 years old
comprised 7.4 percent of the United States popu-
lation in 1991 but were involved in 15.4 percent of
fatal motor vehicle crashes. Also, on the basis of
crashes per 100,000 licensed drivers, young drivers
are the highest risk group of drivers.
(3) During 1991, 6,630 teenagers from age 15
through 20 died in motor vehicle crashes. This trag-
ic loss demands that the Federal Government inten-
sify its efforts to promote highway safety among
members of this high risk group.
(4) The consumption of alcohol, speeding over
allowable limits or too fast for road conditions, inad-
equate use of occupant restraints, and other high
risk behaviors are several of the key causes for this
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tragic loss of young drivers and passengers. The De-
partment of Transportation, working cooperatively
with the States, student groups, and other organiza-
tions, must reinvigorate its current programs and
policies to address more effectively these pressing
problems of teenage drivers.
(5) In 1991 individuals aged 70 years and
older, who are particularly susceptible to injury,
were involved in 12 percent of all motor vehicle traf-
fic crash fatalities. These deaths accounted for 4,828
fatalities out of 41,462 total traffic fatalities.
(6) The number of older Americans who drive
is expected to increase dramatically during the next
30 years. Unfortunately, during the last 15 years,
the Department of Transportation has supported an
extremely limited program concerning older drivers.
Research on older driver behavior and licensing has
suffered from intermittent funding at amounts that
were insufficient to address the scope and nature of
the challenges ahead.
(7) A major objective of United States trans-
portation policy must be to promote the mobility of
older Americans while at the same time ensuring
public safety on our Nation’s highways. In order to
accomplish these two objectives simultaneously, the
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Department of Transportation must support a vigor-
ous and sustained program of research, technical as-
sistance, evaluation, and other appropriate activities
that are designed to reduce the fatality and crash
rate of older drivers who have identifiable risk char-
acteristics.
SEC. 3. DEFINITIONS.
In this Act, the following definitions apply:
(1) The term ‘‘high risk driver’’ means a motor
vehicle driver who belongs to a class of drivers that,
based on vehicle crash rates, fatality rates, traffic
safety violation rates, and other factors specified by
the Secretary, presents a risk of injury to the driver
and other individuals that is higher than the risk
presented by the average driver.
(2) The term ‘‘Secretary’’ means the Secretary
of Transportation.
SEC. 4. POLICY AND PROGRAM DIRECTION.
(a) GENERAL RESPONSIBILITY
OF SECRETARY.—
The Secretary shall develop and implement effective and
comprehensive policies and programs to promote safe driv-
ing behavior by young drivers, older drivers, and repeat
violators of traffic safety regulations and laws.
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(b) SAFETY PROMOTION ACTIVITIES.—The Secretary
shall promote or engage in activities that seek to ensure
that—
(1) cost effective and scientifically-based guide-
lines and technologies for the nondiscriminatory
evaluation and licensing of high risk drivers are
advanced;
(2) model driver training, screening, licensing,
control, and evaluation programs are improved;
(3) uniform or compatible State driver point
systems and other licensing and driver record infor-
mation systems are advanced as a means of identify-
ing and initially evaluating high risk drivers; and
(4) driver training programs and the delivery of
such programs are advanced.
(c) DRIVER TRAINING RESEARCH.—The Secretary
shall explore the feasibility of advisability of using cost ef-
ficient simulation and other technologies as a means of
enhancing driver training; shall advance knowledge re-
garding the perceptual, cognitive, and decision making
skills needed for safe driving and to improve driver train-
ing; and shall investigate the most effective means of inte-
grating licensing, training, and other techniques for pre-
paring novice drivers for the safe use of highway systems.
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TITLE I—YOUNG DRIVER PROGRAMS
SEC. 101. STATE GRANTS FOR YOUNG DRIVER PROGRAMS.
(a) ESTABLISHMENT OF GRANT PROGRAM.—Chapter
4 of title 23, United States Code, is amended by adding
at the end the following new section:
‘‘§ 411. Programs for young drivers.
‘‘(a) GENERAL AUTHORITY.—Subject to the provi-
sions of this section, the Secretary shall make basic and
supplemental grants to those States which adopt and im-
plement programs for young drivers which include meas-
ures, described in this section, to reduce traffic safety
problems resulting from the driving performance of young
drivers. Such grants may only be used by recipient States
to implement and enforce such measures.
‘‘(b) MAINTENANCE OF EFFORT.—No grant may be
made to a State under this section in any fiscal year unless
such State enters into such agreements with the Secretary
as the Secretary may require to ensure that such State
will maintain its aggregate estimated expenditures from
all other sources for programs for young drivers at or
above the average level of such expenditures in its 2 fiscal
years preceding the fiscal year in which this section is en-
acted.
‘‘(c) FEDERAL SHARE.—No State may receive grants
under this section in more than 5 fiscal years. The Federal
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share payable for any grant under this section shall not
exceed—
‘‘(1) in the first fiscal year a State receives a
grant under this section, 75 percent of the cost of
implementing and enforcing in such fiscal year the
young driver program adopted by the State pursuant
to subsection (a);
‘‘(2) in this second fiscal year the State receives
a grant under this section, 50 percent of the cost of
implementing and enforcing in such fiscal year such
program; and
‘‘(3) in the third, fourth, and fifth fiscal years
the State receives a grant under this section, 25 per-
cent of the cost of implementing and enforcing in
such fiscal year such program.
‘‘(d) MAXIMUM AMOUNT OF BASIC GRANTS.—Sub-
ject to subsection (c), the amount of a basic grant made
under this section for any fiscal year to any State which
is eligible for such a grant under subsection (e) shall equal
30 percent of the amount apportioned to such State for
fiscal year 1989 under section 402 of this title. A grant
to a State under this section shall be in addition to the
State’s apportionment under section 402, and basic grants
during any fiscal year may be proportionately reduced to
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accommodate an applicable statutory obligation limitation
for that fiscal year.
‘‘(e) ELIGIBILITY FOR BASIC GRANTS.—
‘‘(1) GENERAL.—For purposes of this section, a
State is eligible for a basic grant if such State—
‘‘(A) establishes and maintains a grad-
uated licensing program for drivers under 18
years of age that meets the requirements of
paragraph (2); and
‘‘(B)(i) in the first year of receiving grants
under this section, meets three of the eight cri-
teria specified in paragraph (3);
‘‘(ii) in the second year of receiving such
grants, meets four of such criteria;
‘‘(iii) in the third year of receiving such
grants, meets five of such criteria;
‘‘(iv) in the fourth year of receiving such
grants, meets six of such criteria; and
‘‘(v) in fifth year of receiving such grants,
meets six of such criteria.
‘‘(2) GRADUATED LICENSING PROGRAM.—(A) A
State receiving a grant under this section shall es-
tablish and maintain a graduated licensing program
consisting of the following licensing stages for any
driver under 18 years of age:
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‘‘(i) An instructional license, valid for a
minimum period determined by the Secretary,
under which the licensee shall not operate a
motor vehicle unless accompanied in the front
passenger seat by the holder of a full driver’s
license.
‘‘(ii) A provisional driver’s license which
shall not be issued unless the driver has passed
a written examination on traffic safety and has
passed a roadtest administered by the driver li-
censing agency of the State.
‘‘(iii) A full driver’s license which shall not
be issued until the driver has held a provisional
license for at least 1 year with a clean driving
record.
‘‘(B) For purposes of subparagraph (A)(iii),
subsection (f)(1), and subsection (f)(6)(B), a provi-
sional licensee has a clean driving record if the li-
censee—
‘‘(i) has not been found, by civil or crimi-
nal process, to have committed a moving traffic
violation during the applicable period;
‘‘(ii) has not been assessed points against
the license because of safety violations during
such period; and
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‘‘(iii) has satisfied such other requirements
as the Secretary may prescribe by regulation.
‘‘(C) The Secretary shall determine the condi-
tions under which a State shall suspend provisional
driver’s licenses in order to be eligible for a basic
grant. At a minimum, the holder of a provisional li-
cense shall be subject to driver control actions that
are stricter than those applicable to the holder of a
full driver’s license, including warning letters and
suspension at a lower point threshold.
‘‘(D) For a State’s first 2 years of receiving a
grant under this section, the Secretary may waive
the clean driving record requirement subparagraph
(A)(iii) if the State submits satisfactory evidence of
its efforts to establish such a requirement.
‘‘(3) CRITERIA FOR BASIC GRANT.—The eight
criteria referred to in paragraph (1)(B) are as
follows:
‘‘(A) The State requires that any driver
under 21 years of age with a blood alcohol con-
centration of 0.02 percent or greater when driv-
ing a motor vehicle shall be deemed to be driv-
ing while intoxicated for the purpose of (i) ad-
ministrative or judicial sanctions or (ii) a law or
regulation that prohibits any individual under
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21 years of age with a blood alcohol concentra-
tion of 0.02 percent or greater from driving a
motor vehicle.
‘‘(B) The State has a law or regulation
that provides a mandatory minimum penalty of
at least $500 for anyone who in violation of
State law or regulation knowingly, or without
checking for proper identification, provides or
sells alcohol to any individual under age 21
years of age.
‘‘(C) The State requires that all front seat
and rear seat occupants of any motor vehicle
shall use safety belts.
‘‘(D) The State requires that the license of
a driver under 21 years of age be suspended for
a period specified by the State if such driver is
convicted of the unlawful purchase or public
possession of alcohol. The period of suspension
shall be at least 6 months for a first conviction
and at least 12 months for a subsequent convic-
tion; except that specific license restrictions
may be imposed as an alternative to such mini-
mum periods of suspension where necessary to
avoid undue hardship on any individual.
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‘‘(E) The State conducts traffic safety en-
forcement activities, and education and training
programs—
‘‘(i) with the participation of judges
and prosecutors, that are designed to en-
sure enforcement of traffic safety laws and
regulations, including those that prohibit
drivers under 21 years of age from driving
while intoxicated, restrict the unauthorized
use of a motor vehicle, and establish other
moving violations; and
‘‘(ii) with the participation of student
and youth groups, that are designed to en-
sure compliance with such traffic safety
laws and regulations.
‘‘(F) The State is a member of and sub-
stantially complies with the interstate agree-
ment known as the Driver License Compact,
promptly and reliably transmits and receives
through electronic means interstate driver
record information (including information on
commercial drivers) in cooperation with the
Secretary and other States, and develops and
achieves demonstrable annual progress in imple-
menting a plan to ensure that (i) each court of
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the State report expeditiously to the State driv-
er licensing agency all traffic safety convictions,
license suspensions, license revocations, or other
license restrictions, and driver improvement ef-
forts sanctioned or ordered by the court, and
that (ii) such records be available electronically
to appropriate government officials (including
enforcement, officers, judges, and prosecutors)
upon request at all times.
‘‘(G) The State prohibits the possession of
any open alcoholic beverage container, or the
consumption of any alcoholic beverage, in the
passenger area of any motor vehicle located on
a public highway or the right-of-way of a public
highway; except as allowed in the passenger
area, by persons (other than the driver), of a
motor vehicle designed to transport more than
10 passengers (including the driver) while being
used to provide charter transportation of pas-
sengers.
‘‘(H) The State has a law or regulation
that provides a minimum penalty of at least
$100 for anyone who in violation of State law
or regulation drives any vehicle through,
around, or under any crossing, gate, or barrier
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at a railroad crossing while such gate or barrier
is closed or being opened or closed.
‘‘(f) SUPPLEMENTAL GRANT PROGRAM.—
‘‘(1) EXTENDED APPLICATION OF PROVISIONAL
LICENSE REQUIREMENT.—For purposes of this sec-
tion, a State is eligible for a supplemental grant for
a fiscal year in an amount, subject to subsection (c),
not to exceed 10 percent of the amount apportioned
to such State for fiscal year 1989 under section 402
of this title if such State is eligible for a basic grant
and in addition such State requires that a driver
under 21 years of age shall not be issued a full driv-
er’s license until the driver has held a provisional li-
cense for at least 1 year with a clean driving record
as described in subsection (e)(2)(B).
‘‘(2) PROVISION
OF
INSURANCE
INFORMA-
TION.—For purposes of this section, a State is eligi-
ble for a supplemental grant for a fiscal year in an
amount, subject to subsection (c), not to exceed 5
percent of the amount apportioned to such State for
fiscal year 1989 under section 402 of this title if
such State is eligible for a basic grant and in addi-
tion such State provides, to a parent or legal guard-
ian of any provisional licensee, general information
prepared with the assistance of the insurance indus-
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try on the effect of traffic safety convictions and at-
fault accidents on insurance rates for young drivers.
‘‘(3) READILY DISTINGUISHABLE LICENSES FOR
YOUNG DRIVERS.—For purposes of this section, a
State is eligible for a supplemental grant for a fiscal
year in an amount, subject to subsection (c), not to
exceed 5 percent of the amount apportioned to such
State for fiscal year 1989 under section 402 of this
title if such State is eligible for a basic grant and
in addition such State—
‘‘(A) requires that the provisional driver’s
license, or full driver’s license, of any driver
under 21 years of age be readily distinguishable
from the licenses of drivers who are 21 years of
age or older, through the use of special back-
ground, marking, profile, or any other features,
consistent with any guidelines developed by the
Secretary in cooperation with the American As-
sociation of Motor Vehicle Administrators; and
‘‘(B) employs the Social Security number
as a common identifier on every driver’s license
so as to facilitate the transfer of traffic records
among States.
‘‘(4) DRIVER
TRAINING
PREREQUISITE.—For
purposes of this section, a State is eligible for a sup-
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plemental grant in an amount, subject to subsection
(c), not to exceed 5 percent of the amount appor-
tioned to such State for fiscal year 1989 under sec-
tion 402 of this title if such State is eligible for a
basic grant and in addition such State requires that
a provisional driver’s license may be issued only to
a driver who has satisfactorily completed a State-ac-
cepted driver education and training program that
meets Department of Transportation guidelines and
includes information on the interaction of alcohol
and controlled substances and the effect of such
interaction on driver performance, and information
on the importance of motorcycle helmet use and
safety belt use.
‘‘(5) REMEDIAL DRIVER EDUCATION.—For pur-
poses of this section, a State is eligible for a supple-
mental grant for a fiscal year in an amount, subject
to subsection (c), not to exceed 5 percent of the
amount apportioned to such State for fiscal year
1989 under section 402 of this title if such State is
eligible for a basic grant and in addition such State
requires, at a lower point threshold than for other
drivers, remedial driver improvement instruction for
drivers under 21 years of age and requires such re-
medial instruction for any driver under 21 years of
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age who is convicted of reckless driving, driving
under the influence of alcohol, or driving while
intoxicated.
‘‘(6) PROVISIONAL
LICENSE
REQUIREMENT
AFTER LICENSE SUSPENSION OR REVOCATION.—For
purposes of this section, a State is eligible for a sup-
plemental grant for a fiscal year in an amount, sub-
ject to subsection (c), not to exceed 5 percent of the
amount apportioned to such State for fiscal year
1989 under section 402 of this title if such State is
eligible for a basic grant and in addition such State
requires that any driver whose driving privilege is
restored after license suspension or revocation re-
sulting from a traffic safety violation shall for at
least 1 year be subject to the following:
‘‘(A) The restored license shall be imme-
diately suspended, for a period to be determined
by the Secretary, upon the driver’s conviction of
any moving traffic safety violation, except that
the Secretary may by regulation define limited
circumstances under which the State may waive
this immediate suspension requirement.
‘‘(B) A full driver’s license shall be issued
only after the driver has held a provisional li-
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cense for at least 1 year with a clean driving
record, as described in subsection (e)(2)(B).
‘‘(C) The driver shall be—
‘‘(i) deemed to be driving while intoxi-
cated if the driver has a blood alcohol con-
centration of .02 percent or greater; or
‘‘(ii) prohibited from operating a
motor vehicle with such a blood alcohol
concentration.
‘‘(7) RECORD OF SERIOUS CONVICTIONS; HA-
BITUAL
OR
REPEAT
OFFENDER
SANCTIONS.—For
purposes of this section, a State is eligible for a sup-
plemental grant for a fiscal year in an amount, sub-
ject to subsection (c), not to exceed 5 percent of the
amount apportioned to such State for fiscal year
1989 under section 402 of this title if such State is
eligible for a basic grant and in addition such
State—
‘‘(A) requires that a notation of any seri-
ous traffic safety conviction of a driver be main-
tained on the driver’s permanent traffic record
for at least 10 years after the date of the con-
viction; and
‘‘(B) provides additional sanctions for any
driver who, following conviction of a serious