Skip to Content
Streetsblog New York City home
Streetsblog New York City home
Log In
Car Culture

U.S. DOT Offers Sample Distracted Driving Bill — With a Potential Loophole

The Obama administration today offered a one-page sample proposal to crack down on texting behind the wheel, aimed at helping guide states through the process of crafting their own distracted driving legislation.

istock_000006659048xsmall_driver_texting1.jpg(Photo: brainlink.org)

The sample bill text [PDF] was prepared by the U.S. DOT's National Highway Traffic Safety Administration, which invited road safety groups to join auto industry representatives, the AAA, and officials from state DOTs to help craft consensus language.

Transportation Secretary Ray LaHood called the legislation in a statement "another powerful tool in our arsenal to help
the states combat this serious threat” of texting while driving in a statement that accompanied the sample text -- which carves out an exemption from any fines or penalties for drivers who (emphasis mine):

Receiv[e] messages related to the operation or navigation of a motor vehicle; safety-related information including emergency, traffic, or weather alerts; data used primarily by the motor vehicle; or radio.

States that adopt the Obama administration's sample language, then, would allow drivers to continue getting traffic tweets and texts from their local DOTs, a practice dubbed "mixed messages" by the Associated Press in a September investigation.

"It's not a perfect bill, but it was something that everybody in the group felt they could put their name on it and say, 'this is a good start,'" Judith Lee Stone, president of Advocates for Highway and Auto Safety, said in an interview, adding that the exemption for drivers getting traffic and weather alerts "may have just slipped by us."

If the Advocates were to write their own version of sample distracted driving legislation, Stone said, "we probably wouldn't include" the exemption. But she noted that the group has no plans to draft its own language for states working on texting bans.

The U.S. DOT noted in its release today that the sample bill "reflects current circumstances and state of knowledge, but may be revised in the future to incorporate new research findings, address evolving technologies, or to harmonize with other legislation."

A research team from the University of Utah reported in December that reading incoming text messages had a more deleterious effect on drivers' braking response times than writing texts.

Stay in touch

Sign up for our free newsletter

More from Streetsblog New York City

Budget Crunch: Advocates Push Mamdani For Massive Fair Fares Expansion

The expansion would offer free transit on the subway and bus for people making up to 150 percent of the federal poverty level, which is not a lot.

February 5, 2026

AV Snub: School Bus Drivers Close The Doors On Autonomous Vehicles

School bus drivers are joining the chorus of opposition to a possible statewide expansion of Waymo, but it could be too late.

February 5, 2026

Thursday’s Headlines: Menin to the Rescue Edition

Al fresco is back on the menu, Council Speaker Julie Menin said on Wednesday. Plus more news.

February 5, 2026

Commentary: US DOT’s Misguided War on Bikeways

"European genes do not produce some kind of innate affinity for human-powered mobility — [and] people on any continent will use bike infrastructure if it is safe."

February 5, 2026

City Council to Bring Back Year-Round Outdoor Dining After Adams-Era Decimation

New Council Speaker Julie Menin wants to scrap Adams-era rules that shrunk the program to just 400 approved locations from a pandemic era high of 8,000.

February 4, 2026

Meet Steve Fulop, Corporate New York’s New Mouthpiece

Streetsblog sat down with former Jersey City Mayor Steve Fulop last week to discuss his new role at the Partnership for New York City.

February 4, 2026
See all posts