State Legislative Update

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s State Legislative Update Distracted Driving -- GHSA Savannah, Georgia September 2, 2009

NCSL NATIONAL CONFERENCE s Non-profit, bi-partisan organization Members are state legislatures, legislators and legislative staff in 50 states and U.S. territories NCSL was founded to: - improve the quality and effectiveness of state legislatures - promote policy innovation and communication among state legislatures - ensure state legislatures a strong, cohesive voice in the federal system NCSL staff provides research and technical assistance for legislators and creates opportunities for policymakers to exchange ideas on state policy issues

s NCSL Standing Committees Agriculture and Energy Budgets and Revenue Communications, Financial Services and Interstate Commerce Education Environment Health Human Services and Welfare Labor and Economic Development Legislative Effectiveness Redistricting and Elections Transportation

s NCSL Transportation Committee Meets three times each year (Spring Forum, Legislative Summit and Fall Forum) Committee members consider and vote on policy that will guide NCSL lobbying efforts related to transportation issues. Committee time is also used to discuss important topics and hear the latest from expert speakers. Committee members guide NSCL research staff on publication topics and other projects.

Tracking Hot Topics s Phone calls and emails from legislators and legislative staff Tracking web "hits" NCSL/NHTSA Traffic Safety Legislative Tracking Database-Over 1,500 bills in 50 states and DC introduced in the 2009 legislative sessions. http://www.ncsl.org/programs/transportation/trafsafdb.htm

NCSL/NHTSA Tracking s

NCSL Transportation Program Information Requests

NCSL's Distracted Driving Work Spring 2001 - Driver Focus and Technology Forum meetings begin. Made up of state legislators, legislative staff, traffic safety groups (NHTSA, AAA, National Safety Council), Sprint, CTIA and other wireless providers. March 2002 - NCSL report, Along for the Ride, released. Provides summary of forum meetings and makes policy recommendations. At the time, New York was the only state with a hands-free law. Arizona and Massachusetts had laws targeting school bus drivers.

NCSL's Distracted Driving Work In the year leading up to the NCSL Driver Focus and Technology Forum, 140 distracted driving bills were debated in 43 states. 8 states passed laws (mostly requiring studies). The level of distracted driving legislation has remained fairly consistent over the years. Every state has, at some point, debated cell phone restriction legislation.

State of Distracted Driving Laws Currently, CA, CT, NJ, NY, OR, WA and DC have hands-free laws in place. Utah's law defines careless driving as committing a moving violation (other than speeding) while distracted by use of a handheld cell phone or other activities not related to driving. 18 states plus DC have passed texting bans. (9 states have teen-only texting bans). 17 states plus DC prohibit school bus drivers from using cell phones while operating a bus. 21 states plus DC prohibit new drivers from using cell phones while behind the wheel.

What happened in 2009? 202202 bills up for consideration in 46 states. Up from 112 bills in 33 states in 2008. So So far, 20 bills have passed in 13 states. AR, AR, CO, IL, MD, NC, NH, NY, TN, UT and VA passed texting bans.

What happened in 2009? Arkansas and Colorado passed restrictions on teens. Oregon Oregon enacted a hand-held held ban. Connecticut passed legislation allowing members of the armed forces to use hand-held held cell phones while driving.

What happened in 2009? Illinois and Texas enacted laws banning cell phone use in school zones. Virginia passed a bill prohibiting school bus drivers from using cell phones. The Louisiana House passed a resolution asking the Dept of Transportation and Dept of Public Safety to study the use of cell phones. Maine passed SB 15 creating a "Distracted Driving Law"

What happened in 2009? Language from Maine law: 2117. Failure to maintain control of a motor vehicle 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Operation of a motor vehicle while distracted" means the operation of a motor vehicle by a person who, while operating the vehicle, is engaged in an activity: (1) That is not necessary to the operation of the vehicle; and (2) That actually impairs, or would reasonably be expected to impair, the ability of the person to safely operate the vehicle.

Contact Information Melissa Savage Program Director, NCSL Energy, Environment & Transportation Program Phone: (303) 856-1527 E-mail: melissa.savage@ncsl.org Web site: http://www.ncsl.org