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

Trump’s Penn Station Plan Could Saddle New York Commuters With New Fees

Amtrak's plan to privatize the operation of the massive transit hub could open the door to sticking transit riders with extra fees.

November 7, 2025

Q&A: Will The Bronx’s New Council Member Take On Car Culture?

Union leader Shirley Aldebol took on Republican Kristy Marmorato and won — and now she's ready to fight for better transit and safer streets.

November 7, 2025

Friday Video: The Utopia of London’s Low-Traffic Neighborhoods

Streetsfilms follows an urban planner around the “low-traffic neighborhood” of St. Peter’s in the London borough of Islington.

November 7, 2025

Friday’s Headlines: Movie Night Edition

Check out the Bike Film Festival this weekend. Plus other news.

November 7, 2025

SLAUGHTER: Wrong-Way Van Driver Kills Woman in West Village Crosswalk

The driver of a commercial van struck and killed a woman in her 20s as he drove the wrong way on Morton Street.

November 6, 2025

DECISION 2025: Transit Wins Big — Again — Across America

Several candidates who ran on ambitious transportation reform platforms won at the ballot box on Tuesday — but even more communities said yes to supporting transit directly.

November 6, 2025
See all posts