S.Amdt. 732Senate109th Congress (2005-2007)2nd degree
S.Amdt. 732
Sponsored by
Sen. Christopher J. Dodd (D-CT)
Submitted May 11, 2005
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Senate amendment submitted
May 11, 2005
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Submitted
SA 732. Mr. DODD submitted an amendment intended to be proposed to amendment SA 605 proposed by Mr. Inhofe to the bill H.R. 3, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes; which was ordered to lie on the table; as follows: On page 143, after the matter following line 25, add the following: SEC. 1411. TEEN DRIVING SAFETY. (a) Short Title.--This section may be cited as the ``Safe Teen and Novice Driver Uniform Protection Act of 2005'' or the ``STANDUP Act''. (b) Findings.--Congress finds the following: (1) The National Transportation Safety Board has reported that-- (A) in 2002, teen drivers, which constituted only 6.4 percent of all drivers, were involved in 14.3 percent of all fatal motor vehicle crashes; (B) motor vehicle crashes are the leading cause of death for Americans between 15 and 20 years of age; (C) between 1994 and 2003, almost 64,000 Americans between 15 and 20 years of age died in motor vehicle crashes, an average of 122 per week; and (D) in 2003-- (i) 3,657 American drivers between 15 and 20 years of age were killed in motor vehicle crashes; (ii) 300,000 Americans between 15 and 20 years of age were injured in motor vehicle crashes; and (iii) 7,884 American drivers between 15 and 20 years of age were involved in fatal crashes, resulting in 9,088 total fatalities, a 5 percent increase since 1993. (2) Though only 20 percent of driving by young drivers occurs at night, over 50 percent of the motor vehicle crash fatalities involving young drivers occur at night. (3) The National Highway Traffic Safety Administration has reported that-- (A) 6,300,000 motor vehicle crashes claimed the lives of nearly 43,000 Americans in 2003 and injured almost 3,000,000 more Americans; (B) teen drivers between 16 and 20 years of age have a fatality rate that is 4 times the rate for drivers between 25 and 70 years of age; and (C) drivers who are 16 years of age have a motor vehicle crash rate that is almost ten times the crash rate for drivers aged between 30 and 60 years of age. (4) According to the Insurance Institute for Highway Safety, the chance of a crash by a 16- or 17-year-old driver is doubled if there are 2 peers in the vehicle and quadrupled with 3 or more peers in the vehicle. (5) In 1997, the first full year of its graduated driver licensing system, Florida experienced a 9 percent reduction in fatal and injurious crashes among young drivers between the ages of 15 and 18, compared with 1995, according to the Insurance Institute for Highway Safety. (6) The Journal of the American Medical Association reports that crashes involving 16-year-old drivers decreased between 1995 and 1999 by 25 percent in Michigan and 27 percent in North Carolina. Comprehensive graduated driver licensing systems were implemented in 1997 in these States. (7) In California, according to the Automobile Club of Southern California, teenage passenger deaths and injuries resulting from crashes involving 16-year-old drivers declined by 40 percent from 1998 to 2000, the first 3 years of California's graduated driver licensing program. The number of at-fault collisions involving 16-year-old drivers decreased by 24 percent during the same period. (8) The National Transportation Safety Board reports that 39 States and the District of Columbia have implemented 3- stage graduated driver licensing systems. Many States have not yet implemented these and other basic safety features of graduated driver licensing laws to protect the lives of teenage and novice drivers. (9) A 2001 Harris Poll indicates that-- (A) 95 percent of Americans support a requirement of 30 to 50 hours of practice driving with an adult; (B) 92 percent of Americans support a 6-month learner's permit period; and (C) 74 percent of Americans support limiting the number of teen passengers in a car with a teen driver and supervised driving during high-risk driving periods, such as night. (c) State Graduated Driver Licensing Laws.-- (1) Minimum requirements.--A State is in compliance with this subsection if the State has a graduated driver licensing law that includes, for novice drivers under the age of 21-- (A) a 3-stage licensing process, including a learner's permit stage and an intermediate stage before granting an unrestricted driver's license; (B) a prohibition of meaningful duration on nighttime driving during the learner's permit and intermediate stages; (C) a prohibition, during the intermediate stage, from operating a motor vehicle with more than 1 non-familial passenger under the age of 21 if there is no licensed driver 21 years of age or older present in the motor vehicle; and (D) any other requirement that the Secretary of Transportation (referred to in this section as the ``Secretary'') may require, including-- (i) a learner's permit stage of at least 6 months; (ii) an intermediate stage of at least 6 months; (iii) for novice drivers in the learner's permit stage-- (I) a requirement of at least 30 hours of behind-the-wheel training with a licensed driver who is over 21 years of age; and (II) a requirement that any such driver be accompanied and supervised by a licensed driver 21 years of age or older at all times when such driver is operating a motor vehicle; and (iv) a requirement that the grant of full licensure be automatically delayed, in addition to any other penalties imposed by State law for any individual who, while holding a provisional license, convicted of an offense, such as driving while intoxicated, misrepresentation of their true age, reckless driving, unbelted driving, speeding, or other violations, as determined by the Secretary. (2) Rulemaking.--After public notice and comment rulemaking the Secretary shall issue regulations necessary to implement this subsection. (d) Incentive Grants.-- (1) In general.--For each of the first 3 fiscal years following the date of enactment of this Act, the Secretary shall award a grant to any State in compliance with subsection (c)(1) on or before the first day of that fiscal year that submits an application under paragraph (2). (2) Application.--Any State desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a certification by the governor of the State that the State is in compliance with subsection (c)(1). (3) Grants.--For each fiscal year described in paragraph (1), amounts appropriated to carry out this subsection shall be apportioned to each State in compliance with subsection (c)(1) in an amount determined by multiplying-- (A) the amount appropriated to carry out this subsection for such fiscal year; by (B) the ratio that the amount of funds apportioned to each such State for such fiscal year under section 402 of title 23, United States Code, bears to the total amount of funds apportioned to all such States for such fiscal year under such section 402. (4) Use of funds.--Amounts received under a grant under this subsection shall be used for-- (A) enforcement and providing training regarding the State graduated driver licensing law to law enforcement personnel and other relevant State agency personnel; (B) publishing relevant educational materials that pertain directly or indirectly to the State graduated driver licensing law; and (C) other administrative activities that the Secretary considers relevant to the State graduated driver licensing law. (5) Authorization of appropriations.--There are authorized to be appropriated $25,000,000 out of the Highway Trust Fund (other than the Mass Transit Account) for each of the fiscal years 2005 through 2009 to carry out this subsection. (e) Transferring of Funds for Non-compliance.-- (1) Fiscal year 2010.--The Secretary shall transfer 1.5 percent of the amount otherwise required to be apportioned to any State for fiscal year 2010 under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, to the apportionment of the State under section 402 of such title for the enforcement of teen drinking and driving laws, including seat belt enforcement, underage drinking, and other teen driving safety laws, if that State is not in compliance with subsection (c)(1) on October 1, 2009. (2) Fiscal year 2011.--The Secretary shall transfer 2 percent of the amount otherwise required to be apportioned to any State for fiscal year 2011 under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, to the apportionment of the State under section 402 of such title for the enforcement of teen drinking and driving laws, including seat belt enforcement, underage drinking, and other teen driving safety laws, if that State is not in compliance with subsection (c)(1) on October 1, 2010. (3) Fiscal year 2012 and thereafter.--The Secretary shall transfer 3 percent of the amount otherwise required to be apportioned to any State for each fiscal year beginning [[Page S5002]] with fiscal year 2012 under each of the paragraphs (1), (3), and (4) of section 104(b) of title 23, United States Code, to the apportionment of the State under section 402 of such title for the enforcement of teen drinking and driving laws, including seat belt enforcement, underage drinking, and other teen driving safety laws, if that State is not in compliance with subsection (c)(1) on the first day of such fiscal year. ______