South Dakota Gov. Dennis Daugaard in March signed legislation to make his state the 43rd one to ban texting while driving. The new law, which will take effect July 1, prohibits drivers from using any handheld wireless device to write, send or read text messages or emails while the vehicle is in motion.

Distracted driving, which includes texting while driving, is a significant public safety concern for state leaders and law enforcement. Although 43 states and the District of Columbia have passed bans that prohibit texting while driving, driver distraction is a leading factor in nearly one-fifth of all fatal crashes.

In 2007, Washington became the first state to ban texting while driving. Seven years later, 43 states and the District of Columbia have passed bans. According to the Governors Highway Safety Association, driver distraction is a leading factor in many crashes and texting is one of the most common distractions.

August 29 now appears to be the "drop dead date" for Congressional action to avert a shortfall in the Highway Trust Fund, the U.S. Department of Transportation said this week. Meanwhile, U.S. Transportation Secretary Anthony Foxx hit the road to make the case for infrastructure investment as state officials from around the country continued to talk about the impact of federal uncertainty on their projects. I also have my usual roundup of items on state activity on transportation revenues, public-private partnerships and tolling and state multi-modal strategies.

Leaders of the Senate Environment and Public Works Committee announced this week they have agreed in principle on how to proceed with the next federal surface transportation authorization bill, the successor to 2012’s MAP-21. I also have the usual roundup of links on the future of the Highway Trust Fund, state activity on transportation revenues, public-private partnerships and tolling and state multi-modal strategies.

April is National Distracted Driving Awareness Month and we have a new Capitol Research brief just out looking at “Enforcement of Texting While Driving Bans.” It examines the state of anti-texting statutes and recent legislative efforts around the country, as well as the efforts of law enforcement to assess strategies for catching texters in the act. But here’s a roundup of some additional related resources from around the web.

Laws in forty-two states, the District of Columbia, Guam and the Virgin Islands prohibit texting behind the wheel by all drivers. The eight states without such laws have all seen efforts in recent years to follow suit. Four of the states with texting bans have secondary enforcement statutes requiring an officer to catch the driver in another traffic offense. Two of those states have seen legislation introduced this year to move up to primary enforcement, where an officer can ticket a driver solely for texting while driving. But even as states are trying to crack down on texting, some in law enforcement question the degree to which such laws can be enforced and the degree to which they can be successful. 

If you missed the Supreme Court's decision in Northwest v. Ginsberg it is understandable.  The case had been much overshadowed by the Court's decision the same day in the campaign finance case discussed here in this blog.  

In Northwest v. Ginsberg the Supreme Court held unanimously that an implied covenant of good faith and fair dealing claim related to Northwest terminating membership in its frequent flyer miles program was preempted by the Airline Deregulation Act (ADA) because the implied covenant claim was based on a state-imposed obligation.

The House Budget Committee this week passed a budget resolution that could leave the Highway Trust Fund—and states—in the lurch. I also have the usual updates on MAP-21 reauthorization, state transportation funding activities, public-private partnerships and tolling and state multi-modal strategies.

The chair of the Senate Environment and Public Works Committee said this week that Congress is running out of time to act to avert insolvency for the federal Highway Trust Fund as state transportation officials and leaders of state chambers of commerce warned of the consequences if that were to come to pass. But there still appears to be no agreement in sight about how to fund a trust fund fix and a long-term surface transportation bill. I also have the usual roundup of news items and resources on MAP-21 reauthorization, state transportation funding activities, public-private partnerships and tolling and state multi-modal strategies.

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