The Final Rule prohibiting texting while operating a commercial motor vehicle went into effect yesterday, October 27, 2010.

You can read about the prohibition against texting in 49 CFR Part 392 in the new Subpart H; the final rule also amends parts 390 and 391. Part 392 clearly states that “drivers shall not participate in texting while driving and motor carriers must not allow or require their drivers to text while driving."

To shed light on the ban, the following definitions were added to 49 CFR 390.5:
1) Electronic device includes, but is not limited to, a cellular telephone; personal digital assistant; pager; computer; or any other device used to input, write, send, receive, or read text.

2) Texting means manually entering alphanumeric text or reading text from an electronic device. This action includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access a World Wide Web page, or engaging in any other form of electronic text retrieval or electronic text entry for present or future communication.

Texting does not include:
a. Reading, selecting, or entering a telephone number, an extension number, or voicemail retrieval codes and commands into an electronic device for the purpose of initiating or receiving a phone call or using voice commands to initiate or receive a telephone call;
b. Inputting, selecting or reading information on a global positioning system or navigation system; or
c. Using a device capable of performing multiple functions (e.g. fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in part 392.

Fair warning about rigid penalties:
Texting while driving carries a 10-point severity weight rating and counts against both the carrier and the driver, under Comprehensive Safety Analysis (CSA 2010). Drivers who violate the texting rule face fines of up to $2,750 and carriers may be fined up to $11,000. Texting behind the wheel is also a disqualifying offense for CDL drivers (see Table 2 part 383.51); “A driver who is convicted of violating the texting ban twice in a three-year period is disqualified for 60 days. Three or more violations in a three-year period, and the driver is disqualified for 120 days.”

Please tell your drivers about the new rules! This is also a good time to review your driver safety policy to be sure that it is aligned with the texting ban – if you need help, give us a call!