[House Report 111-338]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-338
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EXPRESSING SUPPORT FOR DESIGNATION OF NOVEMBER 29, 2009, AS ``DRIVE
SAFER SUNDAY''
_______
November 16, 2009.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H. Res. 841]
The Committee on Transportation and Infrastructure, to whom
was referred the resolution (H. Res. 841) expressing support
for designation of November 29, 2009, as ``Drive Safer
Sunday,'' having considered the same, report favorably thereon
without amendment and recommend that the resolution be agreed
to.
PURPOSE OF THE LEGISLATION
H. Res. 841 expresses support for the designation of
November 29, 2009, as ``Drive Safer Sunday.'' The resolution
calls on governments of all levels, community leaders, academic
institutions, and clergy to join together in raising awareness
of the threats to public safety due to roadway accidents,
particularly those accidents caused by distracted driving
involving the use of electronic devices, such as cell phones
and personal data assistants while driving.
BACKGROUND AND NEED FOR LEGISLATION
According to the National Highway Traffic Safety
Administration (NHTSA), 37,261 people were killed in motor
vehicle traffic crashes in 2008. The number of fatalities
equates to more than 100 people a day lost on the nation's
roadways. Over the past five years, an average of 41,500 people
have lost their lives on the nation's roadways. The annual
economic cost of motor vehicle crashes to the U.S. economy is
$289 billion. Many of these fatalities could have been
prevented by improved driver awareness and the elimination of
distractions to drivers.
According to NHTSA data, in 2008, 16 percent of all fatal
crashes involved distracted driving. On September 30, 2009,
Department of Transportation (DOT) Secretary Ray LaHood
announced new NHTSA research findings that show that nearly
6,000 people died in 2008 in crashes involving a distracted or
inattentive driver, and more than 500,000 people were injured
in such accidents.
The term ``distracted driving'' can refer to anything that
takes a driver's eyes, hands, or mind away from driving,
including food and beverages, traffic accidents, adjusting the
radio, children, pets, objects moving in the vehicle, talking
or texting on a cell phone, smoking, putting on makeup,
shaving, and reading. Recently, particular attention has
focused on the impact that driving while talking on a cell
phone or texting has on roadway safety.
In testimony before the Subcommittee on Highways and
Transit on October 29, 2009, Dr. Tom Dingus of the Virginia
Tech Transportation Institute, reported that texting while
driving continues to present a growing threat to roadway
safety, and the complexity of the electronic and wireless
devices being used while driving today require a higher level
of visual and cognitive attention from the driver, thus making
these devices increasingly distracting. Recent Virginia Tech
Transportation Institute studies have found that text messaging
using a cell phone was associated with the highest risk of all
non-driving tasks and is 20 times riskier than driving without
distraction. The studies also found that texting required the
longest duration of eyes-off-road time (an average of 4.6
seconds) of all non-driving tasks. This amount of eyes-off-road
time is equivalent to a driver traveling the length of a
football field at 55 miles per hour without looking at the
roadway.
According to the NHTSA National Occupant Protection Use
Survey, in 2007, hand-held electronic device use by drivers had
increased to six percent of all drivers. This percentage equals
1,005,000 vehicles on the road at any given daylight moment
(7:00 a.m. to 6:00 p.m.) being driven by someone using a hand-
held electronic device.
According to an American Automobile Association Foundation
2008 Traffic Safety Culture Index, cell phone use while driving
is growing among all age groups. Specifically, two of three
drivers aged 18 to 34 reported using a cell phone while
driving, but 53 percent of drivers aged 45 to 54 also admitted
using a cell phone while driving. The report also found that
using a cell phone while driving has been found to quadruple
your risk of crashing.
According to the National Safety Council, a nonprofit
safety advocacy group, several hundred companies have banned
employees from using their cell phones while driving. The
National Safety Council states that such bans improve safety,
help limit the liability of employers when accidents do occur,
and free employees from feeling pressure to respond immediately
while they are behind the wheel.
To combat this growing threat to roadway safety, many
States and localities have chosen to enact laws prohibiting
talking on a cell phone or text messaging while driving.
Numerous bills have been introduced during the 111th Congress
to address distracted driving, including legislation to
withhold Federal highway funds from States that fail to enact
laws barring the sending of text or e-mail messages while
operating a car or commercial motor vehicle.
While Congress continues to consider comprehensive surface
transportation and highway safety legislation, the House of
Representatives and the Obama administration have taken
immediate steps to begin combating the threat of distracted
driving to roadway safety.
On October 1, 2009, President Obama issued an Executive
Order banning all Federal employees from texting while driving
on official business or while using Government-supplied
equipment or vehicles. With nearly three million civilian
employees, as well as military personnel, this ban will help
save lives, reduce injuries, and set an example for State and
local governments, private employers, and individual drivers.
In addition, Secretary LaHood announced that DOT will
initiate rulemakings to ban text messaging and restrict the use
of cell phones by interstate commercial motor vehicle and bus
operators, and revoke the Commercial Driver Licenses of school
bus drivers convicted of texting while driving.
On November 4, 2009, the Committee on House Administration
passed Committee Resolution 111-7, introduced by House
Administration Committee Chairman Robert A. Brady, which
prohibits House employees from text messaging while driving
when on official business or using House-supplied equipment.
The prohibition extends to SMS text messaging, e-mailing,
instant messaging, and other forms of electronic data
communication.
H. Res. 841 seeks to raise awareness of this threat to
public safety, particularly during the busy driving days of the
Thanksgiving holiday season. Studies have shown that driver
behavior can be effectively improved through education and
awareness. With millions of Americans traveling on the nation's
highways for the Thanksgiving holiday, the risk of traffic
fatalities increases substantially. During the 2008
Thanksgiving holiday travel season, 389 passenger vehicle
occupants were killed in motor vehicle crashes nationwide. In
an effort to combat the growing risk of driver distraction,
this resolution encourages all Americans to practice safe
driving this Thanksgiving holiday season.
SUMMARY OF THE LEGISLATION
H. Res. 841 expresses support for the designation of
November 29, 2009, as ``Drive Safer Sunday.'' The resolution
encourages high schools, colleges, universities,
administrators, teachers, primary schools, and secondary
schools to launch campus-wide educational campaigns to urge
students to be careful about safety when driving. The
resolution also encourages national trucking firms to alert
their drivers to be especially focused on driving safely during
the holiday travel season and reminds clergy to speak to their
members about the importance of safe driving. Further, the
resolution encourages law enforcement personnel to remind
drivers and passengers to drive safer, and all people of the
United States to use this as an opportunity to educate
themselves about the dangers of distracted driving and highway
safety.
LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION
On July 16, 2008, the Subcommittee on Highways and Transit
held a hearing on NHTSA's behavioral highway safety programs.
On October 15, 2009, Representative Jim Gerlach introduced
H. Res. 841. This resolution has not been introduced in a
previous Congress.
On October 29, 2009, the Subcommittee on Highways and
Transit held a hearing on ``Addressing the Problem of
Distracted Driving.''
On November 5, 2009, the Committee on Transportation and
Infrastructure met in open session to consider H. Res. 841, and
ordered the resolution reported favorably to the House by voice
vote with a quorum present.
RECORD VOTES
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each record vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no recorded votes taken in connection with consideration
of H. Res. 841, or ordering the resolution reported. A motion
to order H. Res. 841 reported favorably to the House was agreed
to by voice vote with a quorum present.
COMMITTEE OVERSIGHT FINDINGS
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
COST OF LEGISLATION
With respect to clause 3(c)(2) of rule XIII of the Rules of
the House of Representatives, H. Res. 841 is a resolution of
the House of Representatives, and therefore does not have the
force of law. As such, there is no cost associated with this
resolution for fiscal year 2010, or any fiscal year thereafter.
COMPLIANCE WITH HOUSE RULE XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
section 308(a) of the Congressional Budget Act of 1974, the
Committee advises that the resolution contains no measure that
authorizes funding, so no comparison of the total estimated
funding level for the relevant programs to the appropriate
level under current law is required.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
Committee advises that the resolution contains no measure that
authorizes funding, so no statement of general performance and
objectives for any measure that authorizes funding is required.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee advises that the resolution contains no measure that
authorizes funding, so no cost estimate nor comparison for any
measure that authorizes funding is required.
COMPLIANCE WITH HOUSE RULE XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. H. Res.
841 does not contain any earmarks, limited tax benefits, or
limited tariff benefits under clause 9(e), 9(f), or 9(g) of
rule XXI.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, H. Res. 841 is a resolution of the
House of Representatives, and therefore does not have the force
of law. As such, clause 3(d)(1) of rule XIII does not apply.
FEDERAL MANDATES STATEMENT
H. Res. 841 contains no Federal mandates.
PREEMPTION CLARIFICATION
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H. Res. 841 does not
preempt any state, local, or tribal law.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
APPLICABILITY TO THE LEGISLATIVE BRANCH
The Committee finds that the resolution does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
H. Res. 841 makes no changes in existing law.