TRANSPORTATION NATIONAL CONFERENCE OF STATE TE LEGISL EGISLATURES SERIES February 2012, No. 36 Traffic Safety and Public Health: State Legislative Action 2011 By Anne Teigen and Douglas Shinkle Summary Occupant Protection. Nearly 30 states considered bills to strengthen seat belt laws in 2011. These proposals included efforts to enact primary enforcement of existing seat belt laws and to change requirements for child restraint use. Impaired Driving Issues. In 2011, lawmakers in 45 states introduced more than 400 bills related to impaired driving. They considered legislation related to stricter penalties for high blood alcohol concentration (BAC), ignition interlocks, breath testing procedures, treatment and drugged driving. Distracted Driving. Since 2000, legislatures in every state, the District of Columbia and Puerto Rico have considered legislation related to distracted driving and driver cell phone use. In 2011, legislators in 37 states considered 160 driver distraction bills. Driver s Licensing. Each year, state legislatures debate hundreds of bills relating to various aspects of driver licensing, including REAL ID, unlicensed driving, older drivers and teen drivers. In 2010, 40 states debated more than 300 bills relating to driver s licensing. Aggressive Driving. Laws in 10 states penalize aggressive drivers. Hand gestures, shouting, speeding, tailgating, driving on the shoulder, weaving in and out of traffic, or any combination of these activities may fall within the definition of aggressive driving. Speed Limits. In 2011, 26 states considered bills regarding speed, including increasing fines for speeding, setting speed limits, and punishing serious speeding offenders. Automated Enforcement. Because law enforcement agencies struggle with limited resources, many municipal governments have turned to automated enforcement to control speed and reduce red light violations without diverting law enforcement resources from other areas. During 2011, legislators in 28 states debated nearly 100 bills regarding automated enforcement. Contents Summary... 1 Introduction... 2 Occupant and Child Passenger Protection... 2 Pick-Up Trucks... 4 Impaired Driving... 5 Distracted Driving... 9 Driver Licensing... 11 Aggressive Driving... 14 Speeding... 14 Automated Enforcement... 15 Motorcycle Safety... 17 School Bus Safety... 20 Pedestrian and Bicycle Safety... 21 Low- and Medium- Speed Vehilces... 25 Links for More Information... 26 NATIONAL CONFERENCE OF STATE TE LEGISL EGISLATURES 7700 East First Place NCSL Transportation Series / December 2003 1 Denver, Colorado 80230-7143 (303) 364-7700 fax (303) 364-7800
Motorcycle Safety. During the 2011 legislative session, 39 states considered more than 120 bills related to motorcycle helmets or driver training. School Bus Safety. In 2011, more than 100 bills regarding school bus safety were considered in state legislatures across the country. Many dealt with requiring children to wear seat belts on school buses and licensing procedures for school bus drivers. Pedestrian and Bicycle Safety. For many pedestrians and bicyclists, safety is a major concern. In 2011, 43 states considered more than 150 bills regarding pedestrian and bicycle safety. Many addressed educating motorists about responsibilities at crosswalks and on roadways. Other proposals considered ways to increase safety near schools. Low- and Medium-Speed Vehicles. Low-speed vehicles (LSVs) and golf carts operating on roadways, bike paths or sidewalks pose certain safety risks. It may be difficult for operators of larger vehicles to see such small vehicles on a roadway, and golf carts operated on sidewalks and bike paths risk collisions with pedestrians and bicyclists. In 2011, 20 states introduced bills pertaining to low- and medium-speed vehicles. Introduction Issues examined in this report include occupant protection, distracted driving, driver licensing, impaired driving, aggressive driving, speed limits, motorcycle helmets, automated enforcement, school bus safety, and pedestrian and bicycle safety. Tables and charts detailing state traffic safety laws are included, as are contacts and links for further information (Appendix A contains National Highway Traffic Safety Administration [NHTSA] regional office contact information). All bills discussed in this report can be found in the NCSL- NHTSA Traffic Safety Legislative Tracking Database at www.ncsl.org/programs/transportation/trafsafdb.htm. Occupant and Child Passenger Protection Motor vehicle crashes are the leading cause of death for Americans ages 3 to 34. Motor vehicle crashes remain the leading cause of death for Americans between the ages of 3 and 34. In 2010, more than 32,000 people died in crashes, and 51 percent of those killed were not wearing a seat belt. Approximately 2.24 million people were injured in motor vehicle crashes in 2010. The annual economic cost of motor vehicle crashes is estimated at approximately $230 billion. Increasing seat belt use is one way to reduce this tragic and expensive toll. Statistics show that seat belts save approximately 13,000 lives each year and have prevented hundreds of thousands of injuries. Getting people to buckle up isn t always easy, however, and seat belt use varies widely in the states from 72.2 percent in New Hampshire to 97.6 percent in Hawaii and Washington. Seat belt laws and enforcement can encourage drivers and passengers to buckle up. Every state except New Hamp shire has an adult safety belt law. Many cover front-seat occupants 2
only, although laws in 26 states and the District of Columbia cover passengers in the front and rear seats. One way to increase seat belt use is to enact and enforce a primary belt law. Primary laws allow police officers to stop motorists solely for violating the seat belt law. Thirty-two states and the District of Columbia have primary enforcement seat belt laws. Seventeen states have secondary seat belt laws that require police to stop the vehicle for other reasons before they can cite the driver for failure to use a seat belt. States with primary laws average higher seat belt use than secondary law states (88 percent in 2010 compared to 76 percent). Kansas enacted a primary seat belt law that became effective June 2010. The state saw a jump in use rate from 77 percent in 2009 to almost 82 percent in 2010. Primary laws allow police to stop motorists solely for violating the seat belt law. During the 2011 state legislative sessions, 29 states considered bills related to seat belt use. Massachusetts, Missouri, Montana, Nevada, Pennsylvania, Rhode Island, Utah, Virginia, West Virginia, and Wyoming debated legislation that would have allowed for primary enforcement of the seat belt law. Rhode Island passed its bill and now has primary seat belt enforcement. Illinois and Nebraska amended their seat belt laws in 2011 to include passengers in all seats. (Appendix B contains safety belt law information.) One common concern about enacting a primary belt law is the fear that such a law would be unequally enforced in regard to minorities. A recent study by the University of Michigan, however, did not show a link between Michigan s primary law and an increase in harassment. NHTSA recently published a study of 13 states that had changed their seat belt laws from primary to secondary since 2000. It found that, although minority groups thought their chances of getting a seat belt ticket were higher than whites, data revealed no differences in ticketing by race. The numbers of citations for nonuse of seat belts increased substantially in every state that switched to a primary law, and increases occurred in all groups. The percentage of citations received by each group changed very little, however. The potential for harassment is an ongoing concern, but it is not limited to primary seat belt laws. There fore, many state and local law enforcement leaders assure the public that seat belt use laws will be enforced fairly in all segments of the population. Child Passenger Protection Motor vehicle crashes are the leading cause of death for children between the ages of 3 and 14. The most effective way to keep children safe in cars is to ensure that they are properly restrained in appropriate child restraint systems in the back seat. While 322 children age 4 and younger were killed in passenger vehicle crashes in 2009, an estimated 309 children in the same age group were saved by child restraints. All states and the District of Columbia have child restraint laws that require children of certain ages and sizes to ride in appropriate child safety restraint systems. The age and size requirements vary by state. Some laws cover children only up to a certain age (usually age 4), while others allow use of adult safety belts to restrain children. Child restraint laws are primarily enforced for all children except in Nebraska and Ohio. NHTSA recommends that, once children outgrow their front-facing seats (usually around age 4 and 40 pounds), they should ride in booster seats in the back seat until the vehicle seat belts fit properly. The proper seat belt fit is when the lap belt lies across the upper 3
thighs and the shoulder belt fits across the chest (usually at age 8 or when children are 4 9 tall.) Traffic crashes are the leading cause of death for children, partly because some children ride unbuckled or improperly secured. In a 2008 NHTSA observation study, restraint use was shown to be quite high for babies (birth to 12 months) and children ages 1 to 3 approximately 99 percent and 92 percent, respectively. For children ages 4 through 7, restraint use rate drops to 89 percent, and for children ages 8 through 12, the rates drop to 85 percent. In 2011, 33 states debated child passenger protection legislation. California, Colorado, Georgia, Montana, Nebraska, Oregon and Wisconsin passed bills strengthening current child passenger laws. Most added new provisions to booster seat and age requirements, while others increased penalties for violating current law. (Appendix C contains child passenger protection law information.) Smoking in Cars with Children Laws in four states prohibit smoking while in a motor vehicle with a child. In addition to keeping children properly restrained in vehicles, states also have been interested in keeping children safe from harmful tobacco smoke. Statutes in four states Arkansas, California, Louisiana and Maine prohibit adult drivers and passengers from smoking while in a motor vehicle with a child. In 2011, sixteen states considered but did not pass legislation prohibiting operators of motor vehicles from smoking tobacco with children present (Figure 1). Figure 1. States that Introduced Smoking in Cars with Children Legislation in 2011 Laws introduced in 2011 Source: NCSL, 2011. Pickup Trucks In 2008, pickup trucks accounted for approximately 13 percent of new vehicle sales. As use of pickup trucks continues to increase, so does passenger use of cargo areas. According to NHTSA, nearly 200 people each year die as a result of riding in cargo areas of pickup trucks. Studies have shown that passengers seated in the back of pickup trucks are at in- 4
creased risk of being thrown from the vehicle in the event of a crash, even at low speeds. According to a 2007 article in the Journal of Neurosurgery: Pediatrics, researchers identified 73 pediatric patients with injuries related to riding in the cargo areas of trucks; 53 of these were children (73 percent) who had sustained neurological injuries, including isolated head injuries, spinal injuries and peripheral nerve damage. Laws in 30 states and the District of Columbia relate to passengers riding in pickup truck cargo areas. Some state occupant protection laws exempt pickup trucks it is not against the law for passengers to ride in the back of these vehicles. Most state child passenger protection laws prevent young children from riding unrestrained and, therefore, would make it illegal for children to ride in the back of pickup trucks. During the 2011 state legislative session, Hawaii introduced a bill that would prohibit pickup truck passengers from riding in the bed of the truck unless they were securely fastened. The bill is pending carryover to the 2012 legislative session. (Appendix D contains pick-up truck restriction information.) Impaired Driving In 2010, 10,228 people were killed in alcohol-impaired traffic crashes, accounting for 31 percent of all motor vehicle fatalities. Although this is down slightly from 2009, some states saw increases in the percentage of alcohol-related fatalities. Impaired driving continues to be a serious traffic safety and public health issue for states (see Table 1). According to AAA, alcohol is a factor in about 40 percent of traffic fatalities each year, and nearly 1.5 million people are arrested annually for driving under the influence of alcohol or drugs. AAA reports alcohol is a factor in about 40 percent of traffic fatalities annually.. Table 1. 2010 Alcohol-Impaired Traffic Fatalities State/Jurisdiction Total Traffic Fatalities Alcohol-Impaired Driving Fatalities Percentage Alcohol-Impaired (BAC.08) Alabama 862 279 32% Alaska 56 16 28 Arizona 762 194 25 Arkansas 585 168 29 California 2,715 791 29 Colorado 448 127 28 Connecticut 319 121 38 Delaware 101 36 36 Florida 2,445 660 27 Georgia 1,244 298 24 Hawaii 113 42 37 Idaho 209 71 34 Illinois 927 298 32 Indiana 754 195 26 Iowa 390 90 23 Kansas 431 168 39 Kentucky 760 171 23 Louisiana 710 225 32 Maine 161 38 23 Maryland 493 164 31 Massachusetts 314 115 36 Michigan 942 230 24 Minnesota 411 127 31 5
Table 1. 2010 Alcohol-Impaired Traffic Fatalities (continued) State/Jurisdiction Total Traffic Fatalities Alcohol-Impaired Driving Fatalities Percentage Alcohol-Impaired (BAC.08) Mississippi 641 236 37 Missouri 819 258 32 Montana 189 73 39 Nebraska 190 51 27 Nevada 257 69 27 New Hampshire 128 44 35 New Jersey 556 153 27 New Mexico 346 111 32 New York 1,200 364 30 North Carolina 1,319 388 29 North Dakota 105 47 44 Ohio 1,080 341 32 Oklahoma 668 220 33 Oregon 317 71 22 Pennsylvania 1,324 433 33 Rhode Island 66 25 38 South Carolina 810 357 44 South Dakota 140 37 26 Tennessee 1,031 283 27 Texas 2,998 1,259 42 Utah 236 444 19 Vermont 71 18 25 Virginia 740 211 29 Washington 458 170 37 West Virginia 315 88 28 Wisconsin 572 205 36 Wyoming 155 54 35 District of 24 5 20 Columbia United States 32,885 10,228 31 Puerto Rico 340 97 29 Source: NHTSA, 2011. Lawmakers in 45 states introduced 400 bills related to impaired driving in 2011. In 2011, lawmakers in 45 states introduced 400 bills related to impaired driving. The ultimate goal of these laws is to reduce the incidence of impaired driving and keep the roads as safe as possible. Lawmakers considered legislation ranging from stricter penalties for high blood alcohol concentration (BAC) to ignition interlocks, breath tests and treatment. Twenty-seven states enacted laws related to impaired driving during the 2011 legislative session. High BAC In 2009, the most frequently recorded BAC level among drinking drivers in fatal crashes was 0.17. To address this problem, 48 states and the District of Columbia have enacted high BAC laws with enhanced sanctions for offenders with higher BACs. The sanctions, which vary from state to state, include longer license suspension, longer terms of imprisonment, additional fines, installation of ignition interlocks, vehicle sanctions or treatment for abuse. The BAC levels at which these sanctions are applied vary as well, ranging from 6
.15 to.20 (see Table 2). NHTSA recommends that the enhanced penalties for first-time high-bac offenders should be comparable to those for repeat offenders. Table 2. Jurisdictions with Increased Penalties for High Blood Alcohol Content State/Jurisdiction BAC Alabama.15 Alaska.15 Arizona.15 Arkansas.15 California.16 and.20 Colorado.17 Connecticut.16 Delaware.15 Florida.2 Georgia.15 Hawaii* No increased penalties Idaho.20 Illinois.16 Indiana.15 Iowa.15 Kansas.15 Kentucky.18 Louisiana.15,.20 Maine.15 Maryland.15 Massachusetts.20 Michigan.17 Minnesota.20 Mississippi No increased penalties Missouri.15,.20 Montana.16 State/Jurisdiction BAC Nebraska.18 Nevada.18 New Hampshire.16 New Jersey.15 New Mexico.16 New York.18 North Carolina.16 North Dakota.18 Ohio.17 Oklahoma.15 Oregon.15 Pennsylvania.16 Rhode Island.15 South Carolina.16,.20 South Dakota.17 Tennessee.20 Texas.15 Utah.16 Vermont.16 Virginia.15,.20 Washington.15 West Virginia.15 Wisconsin.17 Wyoming.15 District of.20,.25 Columbia *High BAC provisions repealed in 2010. For more information, see http://www.ncsl.org/default.aspx?tabid=13557. Source: NHTSA 2008; NCSL 2011. Alabama, Maryland, Texas and Vermont passed high BAC legislation in 2011. Alabama s law requires high BAC offenders to install and use an ignition interlock device for two years and receive double the minimum DUI penalty. Texas s new Extreme DWI law increases the criminal charge for those who have a BAC level of over.15 to a Class A misdemeanor. Four states passed high BAC legislation in 2011. Ignition Interlock Ignition interlock devices are installed in motor vehicles to prevent the car from being started if alcohol is detected on the driver s breath. Most devices require frequent retesting while the car is running to ensure that the driver is not drinking once the car is started. Many courts include use of ignition interlock devices in DUI offenders sentences. During sentencing, an offender whose driver s license has been suspended or revoked can be granted limited driving privileges if an ignition interlock device is installed. In 2005, New Mexico became the first to require ignition interlock devices for all convicted drunk drivers, including first-time offenders. 7
As of December 2011, 11 additional states Alaska, Arizona, Arkansas, Connecticut, Hawaii, Kansas, Louisiana, Nebraska, New York, Utah and Washington also require ignition interlock devices for all convicted drunk driving offenders. Connecticut and Kansas passed their requirements in 2011. Illinois and Colorado ignition interlock laws are not mandatory for first-time offenders, but they provide strong incentives to have the devices installed. Oregon law requires installation of interlocks after an offender s driver s license is reinstated. A current California pilot program in four counties, including Los Angeles, requires all convicted drunk drivers to install ignition interlock devices. Nearly 30 states considered some type of ignition interlock legislation in 2011. Alabama and South Dakota became the 49 th and 50 th states to pass ignition interlock laws during the 2011 legislative session. Alabama s law now requires an offender to install an ignition interlock device for two years after an initial 90-day suspension if the offender had a BAC of 0.15 or greater, refused to provide a blood test, or if a child under age 14 was in the vehicle at the time of the offense. Washington passed a law that requires anyone participating in a deferred prosecution program for a violation of drunk driving to install an ignition interlock device in their vehicle. North Carolina modified its ignition interlock law in 2011, making it a Class 1 misdemeanor if a person who is required to have an interlock installed tampers with, circumvents or attempts to circumvent the device. Repeat Offenders One third of all driving while intoxicated (DWI) or driving under the influence (DUI) arrests each year involve repeat offenders. Colorado enacted a law in 2011 that requires, as a condition of bond, that an offender be monitored for alcohol consumption if he or she has a previous DUI conviction. Vermont introduced a bill in 2011 to require a mandatory sobriety program for repeat offenders; the bill is pending 2012 carryover. New York considered but did not pass a measure that would have limited plea bargaining options for repeat impaired driving offenders. Drugged Driving In 2009, about 18 percent of fatally injured drivers had some type of drug in their system. In addition to alcohol-impaired driving, drugged driving is implicated in an increasing number of crashes and fatalities. A National Highway Traffic Safety Administration study estimates that approximately 18 percent of all fatally injured drivers in 2009 were found to have some sort of drugs in their system. In a 2007 roadside survey, more than 16 percent of weekend, nighttime drivers test positive for illegal, prescription or over-the-counter medications, and 11 percent tested positive for illicit drugs. State legislatures are considering impaired driving measures that specifically address illegal substances or prescription drugs. Colorado introduced, but did not pass, a bill that would have set a blood content threshold for THC (the primary ingredient found in marijuana). The bill would have made people guilty of driving under the influence they drove with a THC blood content of five nanograms or more. The bill received criticism both from the medical marijuana community in Colorado and from safety advocates who argued that any amount of THC in a driver s system should be considered illegal. Nevada and Ohio statutes establish a threshold of 2 nanograms of illegal substances per milliliter of blood, and Pennsylvania s administrative law establishes the level at 5 nanograms. Arizona, Dela- 8
ware, Georgia, Illinois, Indiana, Iowa, Michigan, Minnesota, Pennsylvania, Rhode Island, Utah and Wisconsin do not tolerate any presence of a prohibited drug or substance in a driver s body when behind the wheel. Distracted Driving According to the CTIA-The Wireless Association, in June 2011, more than 196 billion text messages were sent or received in the United States, up nearly 50 percent from 2009. Some messages are being sent from moving vehicles, which has led most experts to agree that distracted driving is a significant traffic safety problem. New data released by NHTSA in December 2011 estimated 3,092 fatalities in distraction-affected crashes in 2010. Five percent of drivers were seen talking on handheld phones in the agency s 2010 observation survey of drivers in traffic. In an AAA survey, 52 percent of drivers say driving feels less safe today than it did five years ago, and cite some form of driver distraction as a reason for feeling less safe. In 2009, Virginia Tech Transportation Institute research showed that drivers who text messaged while driving had a 20 times greater risk of crash or near crash than a driver who was not using a phone. The study also revealed that drivers who text messaged while driving took their eyes off the road for 4.6 seconds over a 6 second interval. This equates to a driver traveling the length of a football field at 55 mph without looking at the road. The prevalence of cellular phones, new research and publicized crashes have fueled many debates about the role cell phones play in driver distraction. Since 2000, legislatures in every state, the District of Columbia and Puerto Rico have considered legislation related to distracted driving or, more specifically, driver cell phone use. In 2011, legislators in 37 states considered approximately 160 driver distraction bills. Many motorists cite some form of driver distraction as the reason they feel less safe on the road today. No state completely bans all phones for all drivers, although Alaska did considered but did not pass such legislation in 2011 (HB 35). State legislation usually addresses a range of issues, including particular wireless technologies and specific types of drivers. Nine states California, Connecticut, Delaware, Maryland, Nevada, New York, New Jersey, Oregon, Washington and the District of Columbia prohibit driver use of hand-held phones Nevada passed a 2011 law that makes it a misdemeanor, not a traffic infraction, for using a hand-held device while driving; a first conviction carries a $50 fine. The most common driver distraction measure debated by legislatures this year was prohibitions on texting while driving. As of December 2011, laws in 35 states Alaska, Arkansas, California, Colorado, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Louisiana, Kansas, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Michigan, Nebraska, Nevada, New Jersey, New Hampshire, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, Vermont, Virginia, and Washington, Wisconsin Wyoming and the District of Columbia specifically ban text messaging while driving for all drivers. Indiana, Maine, Nevada, and North Dakota and Pennsylvania passed texting while driving prohibitions in 2011, and many states changed their laws. 9
As of December 2011, 35 states and the District of Columbia ban all drivers from text messaging while driving. Maryland amended its law by repealing the provision that prohibited texting while driving while the vehicle was in motion. Now, the law makes it illegal to text while driving even if the car is stopped at a traffic light. New York amended its law to make texting while driving a primary violation. Penalties for violating texting bans vary among the states. In Georgia, texting while driving is a misdemeanor that carries a $150 fine, while in California, the traffic infraction carries a $20 fine. Violators in Nebraska will have points assessed against their license and pay a $200 fine. In 2011, Connecticut changed its definition of serious traffic violation to include the offense of texting while driving. (For more information on state distracted driving laws, see http://www.ncsl.org/default.aspx?tabid=18657.) TV Monitors Illinois, Louisiana and Washington passed bills related to television monitors in vehicles. Illinois now allows permanently installed television monitors or screens in vehicles and if the moving images are not visible to the driver while the car is in motion. Louisiana and Washington passed similar measures this year. Washington s law specifically allows drivers to view live video screen images of the vehicle backing up. In 2011, 15 states Alaska, Arizona, Florida, Indiana, Maryland, Mississippi, North Carolina, North Dakota, New Jersey, New Mexico, Nevada, New York, Pennsylvania, Texas and Virginia introduced legislation related to teen and young driver use of mobile phones while operating a motor vehicle. North Dakota, New Mexico and Texas enacted such laws. The Texas law (Texas H 2466) prohibits young drivers from using a wireless communication device while operating a vehicle, motorcycle or moped, except in case of an emergency. Maryland, Mississippi and North Carolina considered legislation specifically related to young drivers who use cell phones to send text messages. North Carolina s bill would have appropriated $100,000 to the state highway patrol division to make teenagers aware of the risks and penalties of texting while driving. North Dakota enacted a 2011 law assessing demerit points to restricted drivers who are caught using electronic communication devices. Federal Action Several federal agencies have banned employees from texting while driving. The Federal Rail Administration prohibits train operators from using cell phones and other electronic devices while in the conductor s seat. The Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) announced a final rule in December 2011 that prohibits commercial drivers from using a hand-held mobile telephone while operating a commercial truck or bus. Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense. On December 13, 2011, the National Transportation Safety Board issued a recommendation that states ban all non-emergency use of portable electronic devices for all drivers. 10
Driver Licensing The states, the District of Columbia and the U.S. territories license more than 211 million drivers who represent roughly 88 percent of those eligible to drive. States have administered their driver s licensing systems since 1903, when Massachusetts and Missouri enacted the first state driver s licensing laws. Since 1959, all states have required an examination to test driving skills and traffic safety knowledge before a license is issued. Testing drivers and issuing licenses, however, no longer is the sole concern of state licensing agencies. Because the driver s license now serves a role beyond traffic safety where both government and private entities rely on it for personal identification state legislatures and driver s license agencies are concerned about the safety and security of using the license as an identifier. Each year, state legislatures debate hundreds of bills related to various aspects of driver s licensing, including REAL ID, unlicensed driving, older drivers and teen drivers. In 2011, 38 states debated more than 120 bills relating to driver s licensing. REAL ID In January 2008, the Department of Homeland Security (DHS) issued the long-awaited final regulations for implementation of the REAL ID Act of 2005, a mere four months before the May 11, 2008, statutory implementation date. Under the act, unless states adopt federal standards for driver s licenses and identification cards, the federal government will not accept the licenses or identification cards for federal purposes such as boarding commercial aircraft, entering a federal building or nuclear power plant, or other purposes as determined by the secretary of Homeland Security. States were required to certify compliance to DHS by May 11, 2008, or request an extension until Dec. 31, 2009. All 56 U.S. jurisdictions received an initial extension. To merit a second extension through May 11, 2011, states were required to demonstrate material compliance with REAL ID by meeting many or all of 18 benchmarks. On March 4, 2011, U.S. Department of Homeland Security Secretary Janet Napolitano extended the May 10, 2011, deadline by 20 months (to Jan. 15, 2013) for states to be in full compliance with the REAL ID. During any extension, the state s non-real ID-compliant driver s license and identification card will be recognized for federal purposes. States that choose not to comply or seek the second extension need not take action. Legislators in Iowa, Illinois, Nebraska, Pennsylvania and Tennessee debated legislation related to REAL ID in 2011. Iowa and Tennessee considered bills that would have prohibited the state from complying with REAL ID provisions. Legislators in Illinois, Nebraska and Pennsylvania proposed bills that would have required compliance, but none passed. State legislative REAL ID activity was markedly lower in 2011 since the extension was granted through January 2013. Legislators in five states debated REAL ID-related legislation in 2011. Driver s Licenses and Legal Presence Many states in 2011 introduced legislation related to driver s licensing and legal presence. Missouri introduced but did not pass a bill that would have required any identification documents, such driver s licenses and instruction permits, issued to non-us citizens to display a non-citizen emblem. Montana enacted legislation that requires the Department of Justice to verify lawful presence in the United States of any applicant for a driver s license 11
or other identification card. Arizona enacted a provision that allows the Office of Driver Services to suspend driver s licenses of those who are not legally present in the United States. New Mexico and Illinois introduced legislation requiring a social security number to apply for a driver s license. The Illinois bill passed in August 2011, and the New Mexico bill went to conference committee but failed at adjournment. Unlicensed Drivers Of fatal crashes, 20 percent involve unlicensed drivers. Twenty percent of fatal motor vehicle crashes involve unlicensed drivers who either are driving with a suspended or revoked license or have never been licensed. Many drivers who lose their license due to a traffic-related offense such as a DUI or to a non-traffic-related offense such as failure to appear, poor school attendance or child support enforcement continue to drive. AAA estimates that 66 percent of those who have lost their license continue to drive. This is a significant problem because many drivers lost their license due to a serious traffic-related offense and are considered dangerous drivers. AAA also reports that unlicensed drivers are almost five times more likely to be in a fatal crash than are validly licensed drivers. This issue is difficult to track, since unlicensed drivers usually are identified only after a traffic stop or a serious accident. Crash rates involving unlicensed drivers vary from state to state. According to AAA, the rates range from 6.1 percent in Maine to a high of 23.4 percent in New Mexico. More than 100 bills related to unlicensed driving were considered during the 2011 legislative session. Eight states Alabama, Connecticut, Florida, North Carolina, New Jersey, New York, Oregon and South Carolina introduced, but did not pass, legislation increasing penalties for unlicensed drivers. Virginia passed a measure that increases fees for reinstatement of a suspended or revoked license. A 2011 Minnesota law allows counties to participate in a driver s license reinstatement diversion program. The program allows some drivers, whose license otherwise would be suspended, to participate in a diversion program under which they can drive legally if they take driver s licensing educational classes and pay certain fees. Drivers participating in the diversion program also must comply with all traffic laws and show proof of financial responsibility. Teen Drivers Motor vehicle crashes, a leading cause of death for teen drivers, killed more than 2,300 young drivers (ages 15 to 20) in 2009. During the same period, more than 196,000 teens were injured. Although young driver fatalities and injuries decreased from 2008 to 2009, young drivers still are involved in 11 percent of all fatal crashes. Crash rates are high for teens because they are more likely to engage in risky behavior such as speeding, driving under the influence (28 percent of drivers between the ages of 15 and 20 who were killed in crashes in 2009 had a blood alcohol content of.08 or higher), running red lights and not wearing safety belts, all of which contribute to high fatality and injury rates. To mitigate this public health issue, every state has enacted some type of law to make it more difficult for teens to obtain driver s licenses. Commonly referred to as graduated driver s licensing (GDL), the laws provide a gradual process for teen drivers to gain experience in a safe, educational environment. According to a study completed by the Johns 12
Hopkins Bloomberg School of Public Health, states with strong GDL laws have reduced fatalities of 16-year-old drivers by 11 percent. Fatalities have been significantly reduced in states that have a three-tiered driver s licensing system, including passenger and nighttime restrictions and longer mandatory minimum permit holding periods. States with the most comprehensive GDL laws witnessed an almost 20 percent reduction in fatalities. The study reports that comprehensive state laws include five of seven of the following components: A minimum age of 15 years and six months for obtaining a learner s permit; A waiting period after obtaining a learner s permit of at least three months before applying for an intermediate license; A minimum of 30 hours of supervised driving; A minimum age of at least 16 for obtaining an intermediate state license; A minimum age of at least 17 for full licensing; Nighttime driving restrictions; and Passenger restrictions. Many states have strengthened existing GDL laws by adding passenger restrictions, nighttime restrictions and mandatory minimum holding periods for learner s permits. In 2011, 26 states considered more than 60 bills to modify state GDL laws. Michigan enacted a bill that prohibits drivers with a level 2 graduated driver s license from operating a vehicle between 10 p.m. and 5 a.m. Illinois and New Jersey considered, but did not pass, legislation to modifying nighttime driving provisions. Pennsylvania added a passenger restriction in 2011, prohibiting more than one passenger under age 18 from riding in a vehicle of a driver with an intermediate license. Traffic safety advocacy groups recommend that no teen passengers travel with teen drivers and thtime restrictions begin at 9:00 p.m. Most states limit the number of teen passengers to one or two and start nighttime restrictions around midnight. (Appendix E contains information about teen driving restrictions.) Eight states Iowa, Nevada, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island and South Carolina considered bills in 2011 to lengthen instructional periods for pre-licensing requirements and provide more time for teens to train behind the wheel. North Carolina enacted, NC S 636, which requires restricted licensees to keep a driving log. Young drivers must log 60 hours of driving time before a level 2 provisional license can be issued, and must log 12 additional hours to obtain a level 3 license. Pennsylvania amended its statute to require teen drivers to have 65 hours of supervised driving time, 10 of which must be and five of which must be during inclement weather. Older Drivers As of 2008, 32.2 million drivers in the United States were at least age 65. According to NHTSA, it is estimated that, by 2020, more than 40 million licensed drivers will be age 65 and older. In 2009, 5,288 people over age 65 died in motor vehicle crashes, and 187,000 older drivers were injured. Older drivers are safer drivers because they use seatbelts, rarely speed and are the least likely to drive while impaired. The CDC notes, however, that agerelated declines in vision and cognitive functioning, along with physical changes (such as arthritis or reduced muscle strength) may affect older adults driving abilities. Older drivers have low rates of police-reported crash involvement per capita, but per-mile-traveled crash rates continue to increase for drivers age 75 and older. As of 2008, 32.2 million U.S. drivers were at least age 65. 13
In 2011, 13 states debated legislation about insuring older drivers. In 2011, 13 states debated legislation about insuring and licensing senior drivers. The New York Department of Motor Vehicles commissioner announced in 2011 that the state no longer would require an eye exam for driver s license renewal. The decision was opposed by many safety groups that argue vision tests are critical to road safety. Nebraska amended its law in 2011 to allow drivers as old 72 to renew their licenses electronically if they are otherwise eligible. The law previously set the age at 65. Oregon passed a law allowing the Department of Motor Vehicles to immediately suspend the driver s license of anyone the department determines no longer can safely operate a vehicle and may endanger people or property. Information is available to help older drivers adapt vehicles to their medical needs. They can install steering adaptations such as zero effort or foot steering, or electronic aids such as keyless ignition or adaptive extension levers. (Appendix F contains information about state licensing procedures for older drivers.) Aggressive Driving Aggressive driving behaviors include running stop signs or red lights, speeding, illegal driving on the shoulder, preventing others from passing, or any combination of these activities. According to a 2009 AAA Foundation for Traffic Safety study, as many as 56 percent of deadly vehicle crashes involve one or more unsafe driving behaviors typically associated with aggressive driving. In an AAA survey, nearly 90 percent of drivers viewed aggressive driving as a very serious or a somewhat serious threat to their safety. Several states have laws to penalize aggressive drivers. The laws typically establish an aggressive driving offense and outline fines and penalties. As of December 2011, 11 states Arizona, Delaware, Florida, Georgia, Indiana, Maryland, Nevada, North Carolina, Rhode Island, Vermont and Virginia have aggressive driving laws. (Appendix G contains more information about state aggressive driving laws.) California and Utah amended their reckless driving laws to make them similar to laws enacted in other states. In 2011, New York considered a bill that would have designated aggressive driving as a felony, with a minimum of one year imprisonment. The bill did not pass out of committee. Speeding In 2009, speeding was a contributing factor in 31 percent of all fatal crashes. Although speed-related fatalities decreased from 2008, 10,591 speed-related deaths occurred in 2009. On average, these crashes cost society $40 billion annually. National Highway Traffic Safety Administration data show speeding is the most common contributing factor and is involved in nearly one in three deadly crashes. According to the Insurance Institute for Highway Safety, speed influences the risk of crashes and crash injuries in three basic ways; It increases the distance a vehicle travels from the time a driver detects an emergency to the time the driver reacts. 14
It increases the distance needed to stop a vehicle once the driver starts to brake. It increases the crash energy by the square of speeds. When impact speed increases from 40 mph to 60 mph (a 50 percent increase), the energy to be managed increases by 12,000 percent. In the early 1970s, Congress withheld federal funding from states that did not enact a maximum 55 mph speed limit. The federal government has since given states more power to set maximum speed limits. In 1995, Congress repealed the maximum speed limit; since then, 35 states have raised speed limits to 70 mph or higher on certain roads In 2011, 26 states considered bills regarding speed, and a few enacted major speed law changes. Maryland amended its speed racing laws to allow officers to arrest people without a warrant, who are driving a vehicle in a speed contest or race and cause serious bodily injury to another. In 2011, New Jersey, Ohio and Virginia all considered, but did not pass, bills that would increase penalties for drag racing. California enacted a law in 2011 that allows local governments, after they conduct a traffic survey, to round speed limits down within 5 miles per hour. Montana also passed a 2011 law that allows local jurisdictions to set lower speed limits on unpaved roads. In 2011, Kansas passed a measure to increase the speed limit on separated, multi-lane highways from 70 mph to 75 mph. The Kansas Department of Transportation will decide where to increase the speed limits on the 1,000 miles of eligible roadways. Texas passed a similar measure and also eliminated its nighttime speed limit. South Carolina considered a bill in 2011 to increase the speed limit from 70 mph to 80 mph on certain highways, but the measure did not pass. (Appendix H contains more information about speed limit laws.) A 2011 Kansas law increased the speed limit on separated, multi-lane highways. Automated Enforcement Deliberately running a red light is a common, but serious, violation. According to the Fatality Analysis Reporting System, in 2009, approximately 113,000 people were injured and 676 were killed in crashes that involved a driver running a red light. Nearly two-thirds of those who died were people other than the red light running drivers occupants of other vehicles, passengers in the red light runners vehicles, bicyclists or pedestrians. Because law enforcement agencies struggle with limited resources, many municipal governments have turned to automated enforcement to control speed and reduce red light violations without diverting law enforcement resources from other areas. Red light cameras and photo radar allow local law enforcement agencies to remotely enforce these traffic laws. Both red light cameras and photo radar detect vehicles that violate traffic regulations. Red light cameras are linked to traffic signals and monitor each phase of green, yellow and red. When a motorist drives through the intersection after the signal has turned red, sensors trigger the cameras to take two photographs one of the vehicle entering the intersec- 15
tion while the light is red and one showing the vehicle traveling through the intersection on a red light. Photo radar functions are similar. The photo radar system usually is located in a mobile unit, such as a van. The system is equipped with both a radar speed detector and a camera. Once a speeding vehicle is detected, the camera is triggered. The photos, stamped with the date and time, are used to identify the vehicle owner. Tickets then are generated and distributed. One study showed a 42 percent decrease in red light violations after cameras were installed. Results of studies on the effectiveness of automated enforcement vary. An Insurance Institute for Highway Safety study in Oxnard, Calif., showed that red light violations dropped 42 percent after cameras were installed. Recent data from Philadelphia shows that intersection crashes caused by red light running fell by an average of 48 percent within the first 12 months of enforcement. In the 10 Philadelphia intersections studied, the total number of crashes declined by 24 percent in the three years after the red light cameras were installed. The effectiveness of red light cameras in reducing red light running and crashes has been questioned in recent years by the University of Southern Florida researchers. One study claimed red light cameras increased crashes by making motorists stop abruptly and not clear the intersection. City and local governments in Alabama, Arizona, California, Colorado, Delaware, Florida, Georgia, Illinois, Iowa, Louisiana, Maryland, Missouri, New Jersey, New Mexico, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia, Washington and the District of Columbia use cameras (Figure 2). Figure 2. State Red Light Camera Laws DC Red light camera use prohibited by statute Red light camera use allowed statewide Red light camera use allowed in some municipalities No state law about red light camera use Source: NCSL, 2011. 16
In most cases, state legislatures have passed enabling statutes that allow city and local governments to use the cameras. Although Iowa and Ohio do not have specific statutes, cameras are used in certain cities. (Appendix I contains more information about state automated enforcement laws. During 2011, legislators in 28 states debated more than 100 bills regarding automated enforcement. Some bills, such as Alabama s, delegated powers to municipalities or counties to use available technology to enforce red light and speed violations. Other bills in 2011 aimed to provide signs to warn motorists of upcoming enforcement or to limit use of red light cameras in certain circumstances. Arizona, Florida, Missouri and South Dakota introduced legislation to prohibit cities from using red light cameras, but none passed. Illinois introduced, but did not pass, a bill in 2011 that would prohibit any municipality from issuing red light citations for right turns. Texas passed a bill allowing automated enforcement at toll booths. The California Legislature introduced Senate Bill 29, which would require: Warning signs posted within 200 feet of an intersection where an automated enforcement system is operating; and Requiring the governmental agency that operates an automated traffic enforcement system to develop uniform guidelines for specified purposes and to establish procedures to ensure compliance with those guidelines. The bill also would have prohibited a governmental agency that proposes to install or operate an automated traffic enforcement system from considering revenue generation beyond recovering its actual costs of operating the system as a factor when considering whether to install or operate a system within its local jurisdiction. Senate Bill 29 passed both chambers, but was vetoed by the governor on Oct. 7, 2011. Motorcycle Safety The popularity of motorcycles as a transportation option and recreational pursuit continues to increase across the United States. The Federal Highway Administration estimates that more than 7.9 million motorcycles were registered in 2009, and they drove close to 20.8 billion miles. The Motorcycle Industry Council notes that motorcycle sales rose by more than 7 percent in the first quarter of 2011. According to the National Highway Traffic Safety Administration, motorcyclist fatalities increased for 11 years between 1997 and 2008, reaching an all-time high of 5,312 in 2008. In 2009, however, the number of deaths declined for the first time in more than a decade to 4,462. Still, motorcycle fatalities accounted for 13 percent of total traffic fatalities, even as overall traffic fatalities in 2009 dropped to the lowest numbers and rates since 1949. NHTSA notes that, Per vehicle mile traveled in 2009, motorcyclists were about 25 times more likely than passenger car occupants to die in a motor vehicle traffic crash and 5 times more likely to be injured. Per vehicle mile travelled in 2009, motorcyclists were 25 times more likely than passenger car occupants to die in a traffic crash. 17
Helmet Laws Numbers from 2009 indicate that, in crashes with fatalities, only 59 percent of motorcyclists were wearing helmets. NHTSA estimates that helmets saved the lives of 1,483 motorcyclists in 2009, with an estimated economic savings of $2.39 billion. NHTSA states that, Helmets are estimated to be 37 percent effective in preventing fatal injuries to motorcycle riders and 41 percent for motorcycle passengers. NHTSA also estimates that an additional 732 lives could have been saved in 2009 if all motorcyclists had worn helmets, which could have provided an additional $1.16 billion in estimated economic savings. From 1992 to 1995, as part of an incentive package for states to pass motorcycle helmet laws covering all riders, the Intermodal Surface Transportation Equity Act (ISTEA) required states to pass such laws or to have funds transferred from highway construction accounts to highway safety accounts. However, the National Highway System Designation Act of 1995 repealed these sanctions. Since then, six states Arkansas, Florida, Kentucky, Louisiana, Pennsylvania and Texas weakened what were universal motorcycle helmet use laws. In 1997, Arkansas and Texas became the first states since 1983 to repeal laws requiring all motorcyclists to wear helmets. In Kentucky, helmet use declined from 96 percent before the law change in 1998 to 56 percent afterwards. Louisiana weakened its motorcycle helmet use law in 1999, but reenacted it in 2004. It is the only state to do so in the past decade. Florida repealed its mandatory helmet law in 2000 and has seen an increase in motorcycle fatalities. According to NHTSA, motorcycle deaths in Florida increased from 259 in 2000 to 413 in 2009. A survey conducted in Florida in 2002 found 53 percent of riders were not wearing helmets or were using noncompliant helmets, in contrast with almost universal helmet use before the repeal, although approximately 35 percent of helmets were deemed noncompliant. Furthermore, Florida riders under age 21, who are still required to wear helmets, have reduced helmet use since the change, highlighting the increased difficulty of enforcing a helmet law when coverage is not universal. All motorcycle riders must wear helmets in 20 states, the District of Columbia and Puerto Rico Twenty states, the District of Columbia and Puerto Rico currently require all riders to wear helmets. Illinois, Iowa and New Hampshire do not require helmet use for any rider, regardless of age. The remaining 27 states require that a specific segment of riders usually those under age 18 wear them. NHTSA has found, however, that use of FMVSS No. 218 compliant motorcycle helmets has decreased significantly nationwide, from 67 percent in 2009 to 54 percent in 2010. (Appendix J contains more information about motorcycle helmet use.) In 2011, six states Hawaii, Illinois, Massachusetts, New York, North Dakota and Virginia introduced bills to strengthen helmet requirements. Illinois, one of three states with no motorcycle helmet use requirement, considered two measures to require helmet use. One would have applied to all users, while the other would have required helmets for all riders under age 26. Both pieces of legislation remain active. In Delaware, a requirement that a helmet must be available on a motorcycle, but not necessarily be worn, has seen action from both sides of the aisle. The Delaware General Assembly passed a repeal of the requirement to carry a helmet on-board in 2011, but it was vetoed by the governor. News 18