(b) Definitions. As used in this section -

Driving means operating a motor vehicle on a public road, and does not include operating a motor vehicle when the vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location where it can safely remain stationary.

Texting means reading from or manually entering data into a personal wireless communications device, including doing so for the purpose of SMS texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication.

(c) Qualification criteria for a Comprehensive Distracted Driving Grant. To qualify for a Comprehensive Distracted Driving Grant in a fiscal year, a State shall submit as part of its HSP, in accordance with Part 6 of Appendix B -

1. (1) Sample distracted driving questions from the State's driver's license examination; and

2. (2) Legal citations to the State statute demonstrating compliance with the following requirements:

   1. (i) Prohibition on texting while driving. The State statute shall -

      1. (A) Prohibit all drivers from texting through a personal wireless communications device while driving;
      2. (B) Make a violation of the statute a primary offense;
      3. (C) Establish a minimum fine of $25 for a violation of the statute; and
      4. (D) Not include an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.

   2. (ii) Prohibition on youth cell phone use while driving. The State statute shall -

      1. (A) Prohibit a driver who is younger than 18 years of age or in the learner's permit or intermediate license stage set forth in § 1300.26(d) and (e) from using a personal wireless communications device while driving;
      2. (B) Make a violation of the statute a primary offense;
      3. (C) Establish a minimum fine of $25 for a violation of the statute; and
      4. (D) Not include an exemption that specifically allows a driver to text through a personal wireless communication device while stopped in traffic.

   3. (iii) Permitted exceptions. A State statute providing for the following exceptions, and no others, shall not be deemed out of compliance with the requirements of this section:

      1. (A) A driver who uses a personal wireless communications device to contact emergency services;
      2. (B) Emergency services personnel who use a personal wireless communications device while operating an emergency services vehicle and engaged in the performance of their duties as emergency services personnel; or
      3. (C) An individual employed as a commercial motor vehicle driver or a school bus driver who uses a personal wireless communications device within the scope of such individual's employment if such use is permitted under the regulations promulgated pursuant to 49 U.S.C. 31136.

(d) Use of funds for Comprehensive Distracted Driving Grants.

1. (1) Eligible uses. Except as provided in paragraphs (d)(2) and (3) of this section, a State may use grant funds awarded under 23 U.S.C. 405(e)(1) only to educate the public through advertising that contains information about the dangers of texting or using a cell phone while driving, for traffic signs that notify drivers about the distracted driving law of the State, or for law enforcement costs related to the enforcement of the distracted driving law.
2. (2) Special rule. Notwithstanding paragraph (d)(1) of this section, a State may elect to use up to 50 percent of the grant funds awarded under 23 U.S.C. 405(e)(1) for any eligible project or activity under Section 402.
3. (3) Special rule - MMUCC conforming States. Notwithstanding paragraphs (d)(1) and (2) of this section, a State may also use up to 75 percent of amounts received under 23 U.S.C. 405(e)(1) for any eligible project or activity under Section 402 if the State has conformed its distracted driving data to the most recent Model Minimum Uniform Crash Criteria (MMUCC). To demonstrate conformance with MMUCC, the State shall submit within 30 days after notification of award, the NHTSA-developed MMUCC Mapping spreadsheet, as described in “Mapping to MMUCC: A process for comparing police crash reports and state crash databases to the Model Minimum Uniform Crash Criteria” (DOT HS 812 184), as updated.

(e) Qualification criteria for Special Distracted Driving Grants. For fiscal years 2017 and 2018, to qualify for a Special Distracted Driving Grant, a State shall submit as part of its HSP the legal citations to the State statute demonstrating compliance with the following requirements, in accordance with part 6 of appendix B:

1. (1) For fiscal year 2017 -

   1. (i) The State has enacted and is enforcing a basic text messaging statute that applies to drivers of all ages;
   2. (ii) The State statute makes a violation of the basic text messaging statute a primary or secondary offense; and
   3. (iii) The State is not eligible for a Comprehensive Distracted Driving Grant under paragraph (c) of this section.

2. (2) For fiscal year 2018 -

   1. (i) The State has enacted and is enforcing a basic text messaging statute that applies to drivers of all ages;
   2. (ii) The State statute makes a violation of the basic text messaging statute a primary offense;
   3. (iii) The State imposes a fine for a violation of the basic text messaging statute;
   4. (iv) The State has enacted and is enforcing a statute that prohibits drivers under the age of 18 from using a personal wireless communications device while driving; and
   5. (v) The State is not eligible for a Comprehensive Distracted Driving Grant under paragraph (c) of this section.
3. (3) For purposes of this paragraph (e), “basic text messaging statute” means a statute that prohibits a driver, for the purpose of written communication, from manually inputting or reading from an electronic device while driving.
4. (4) Use of grant funds for Special Distracted Driving Grants - (i) Eligible uses. Except as provided in paragraph (e)(4)(ii) of this section, a State may use grant funds awarded under 23 U.S.C. 405(e)(6) only for activities related to the enforcement of distracted driving laws, including public information and awareness.

5. (ii) Special rule. Notwithstanding paragraph (e)(4)(i) of this section -

   1. (A) In fiscal year 2017, a State may elect to use up to 15 percent of grant funds awarded under 23 U.S.C. 405(e)(6) for any eligible project or activity under Section 402.
   2. (B) In fiscal year 2018, a State may elect to use up to 25 percent of grant funds awarded under 23 U.S.C. 405(e)(6) for any eligible project or activity under Section 402.

(f) Award.

1. (1) The amount available for grants under paragraph (c)(1) of this section shall be determined after deduction of the amounts necessary to fund grants under 23 U.S.C. 405(e)(6).
2. (ii) The amount available for grants under 23 U.S.C. 405(e)(6) shall not exceed 25 percent of the total amount made available to States under 23 U.S.C. 405(e) for fiscal years 2017 and 2018.