Bituminous Insurance Companies
Release Date: January 27, 2010
In regulatory guidance issued by the Federal Motor Carrier Safety Administration (FMCSA), "texting" while driving a commercial motor vehicle (CMV) has been banned – effective immediately. Although the Federal Motor Carrier Safety Regulations (FMCSR) do not include an explicit prohibition against texting while driving by truck and bus drivers, the general restriction against the use of additional equipment and accessories that decrease the safety of operation of commercial motor vehicles, in 49 CFR 390.17, applies to the use of electronic devices for texting. Handheld or other wireless electronic devices that are brought into a CMV are considered "additional equipment and accessories" within the context of section 390.17. Truck and bus drivers who text while driving commercial vehicles may be subject to civil or criminal penalties of up to $2,750.
Research has shown that the odds of being involved in a safety-critical event are 23.2 times greater for drivers who are texting while driving than for those who do not. During 6-second intervals immediately preceding safety-critical events (e.g., crashes, near crashes, lane departure), texting drivers took their eyes off the forward roadway an average of 4.6 seconds. At 55 mph (88 km/h), this equates to a driver traveling 371 ft (113 m), the approximate length of a football field including the end zones, without looking at the roadway. At 65 mph (105 km/h), the driver would have traveled approximately 439 ft (134 m) without looking at the roadway. This clearly creates a significant risk to the safe operation of the CMV.
In addition to announcing regulatory guidance on CMV drivers' use of electronic devices to engage in texting while driving, FMCSA reminded motor carriers and drivers subject to the FMCSR that the regulations require compliance with the laws, ordinances, and regulations of the jurisdiction in which the CMV is being operated. Section 392.2, "Applicable operating rules," requires that "Every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated. However, if a regulation of the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with." Thus, in the states and localities having laws, ordinances, and regulations related to "texting" while driving, non-texting cell phone use, or any other similar traffic offenses, a violation of the state or local provision is also a violation of the FMCSR for those CMV drivers to whom it applies. Many states also adopt the FMCSR for their intrastate operations.
The national Conference of State Legislatures (NCSL) maintains a state listing of cell phone use and texting while driving laws. This can be accessed by clicking on the following link: http://www.ncsl.org/default.aspx?tabid=17057
The FMCSA's Regulatory Guidance Concerning the Applicability of the Federal Motor Carrier Safety Regulations to Texting by Commercial Motor Vehicle Drivers was published in the Federal Register on Wednesday, January 27, 2010 (75 Fed. Reg. 4305).
The ban on texting by interstate truck and bus drivers is another step the government is taking to set the example for the need to minimize distracted driving. On October 1, 2009, President Obama signed an Executive Order, effective December 21, prohibiting federal employees from text messaging when driving government-owned vehicles or when driving privately-owned vehicles while on official government business (some exceptions were allowed for law enforcement and intelligence operations). The Executive Order also encouraged the inclusion in government contracts, for federal contractors, subcontractors, and recipients and sub-recipients, of language requiring them to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or government-owned vehicles, or while driving privately-owned vehicles when on official government business, or when performing any work for or on behalf of the government.
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The information contained in this publication was obtained from sources believed to be reliable. ISO Services Properties, Inc., its companies and employees make no guarantee of results and assume no liability in connection with either the information herein contained or the safety suggestions herein made. Moreover, it cannot be assumed that every acceptable safety procedure is contained herein or that abnormal or unusual circumstances may not warrant or require further or additional procedure.