Multiple Bills, Disagreement over Regulation of Unsafe Driving

.​ Multiple Bills, Disagreement over Regulation of Unsafe Driving On Nov. 4, House Energy and Commerce Committee members met with Department of Transportation Sec. Ray LaHood, Federal Communications Commission Chairman Julius Genachowski, and other transportation experts to discuss who, either the federal government or states, would be responsible for ensuring drivers avoid text messaging, using cellular phones, and working GPS systems while on the road. Committee members agreed that distracted driving is dangerous and should be regulated. However, when it came to the question of who should regulate the rules of the road, the committee split. Rep. Marsha Blackburn (R-Tenn.), said federally mandating laws that would reduce distracted driving may seem weary, but said Congress could consider federally mandating public education on distracted driving. As of last month, according to the Governors Highway Safety Association, six states including California, New York, and Oregon, had banned nearly all cell phone use while driving, and 18 states had banned text messaging while driving. Recent hearings on the subject were also held in the Senate Commerce, Science and Transportation Committee, as well as the House Transportation and Infrastructure Committee. Various bills have been introduced in the House and Senate to deal with the subject. Rep. Carolyn McCarthy (D-NY), along with Sen. Charles Schumer (D-NY), sponsored the Avoiding Life-Endangering and Reckless Texting by Drivers Act of 2009 (H.R. 3535 and S. 1536 respectively). Both bills would require the Secretary of Transportation to withhold 25% of a state’s federal-aid highway program funds for the fiscal year if the state has not enacted a law that prohibits, except in an emergency, an operator of a motor vehicle from writing, sending or reading a text message using a hand-held mobile telephone. It would also require, upon conviction of a violation, the imposition of certain minimum penalties. Rep. Robert Brady (D-PA) introduced similar legislation. Known as the Fighting Occupied Cell Use So Everyone Drives More Safely (FOCUS) Act of 2009 (H.R. 3829), the bill would also reduce the amount of Federal highway funding available, though it doesn’t specify how much, to states that do not enact a law prohibiting the use of certain communication devices while operating a motor vehicle. At the same time, Sen. Jay Rockefeller (D-WV) introduced legislation called the Distracted Driving Prevention Act of 2009. The bill would establish incentive grants as well as educational and research programs to reduce injuries and deaths caused by cell phone use and texting while driving. A house counterpart to this bill (HR 3994) was introduced by Rep. Eliot Engel (D-NY). Please see a similar story in the regulatory section on the combined efforts of DOT and FCC. MEMA will continue to monitor and report on this issue on behalf of its interested members in the weeks and months ahead. Contact Nelson C. Garcia, Director, Federal and State Policy (202) 312-9243 [email protected]