Ban on Texting Effective October 27 2010

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!

Tell Your Drivers Ban on Texting is Official

In a final rule published in the Federal Register on September 27, 2010, the FMCSA prohibits texting by commercial motor vehicle drivers (of trucks and buses) while operating in interstate commerce; and imposes sanctions, including civil penalties and disqualification from operating CMVs in interstate commerce, for drivers who fail to comply with this rule.

FMCSA prohibits motor carriers from requiring or allowing their drivers to text while driving. Additionally, many States have adopted a ban against texting for all drivers. The federal ban was also added to the list of disqualifying offenses for commercial driver licenses regulations, as "a conviction under state or local traffic laws or ordinances that prohibit texting by CDL drivers while operating a commercial vehicle".

Midwest Compliance recommends you add the texting ban to your driver's Safety Policy. If you need help developing a safety policy, give us a call - 800-656-1396.

Give Your Drivers a Heads-up "Operation Safe Driver" coming October 17 - 23

In an attempt to eliminate crash related deaths caused by unsafe and aggressive driving practices by both passenger and commercial vehicle drivers, each year in October, law enforcement across North America targets these drivers during CVSA's “Operation Safe Driver” campaign.

This campaign began in 2007 as a collaborative effort of the Commercial Vehicle Safety Alliance, the Federal Motor Carrier Safety Administration, and state, provincial, and local law enforcement personnel to combat the number of deaths resulting from crashes involving large trucks, buses, and passenger vehicles.

During Operation Safe Driver — held across the United States, Canada, and Mexico — CVSA aims to increase:
* Commercial vehicle and non-commercial vehicle traffic enforcement;
* Safety belt enforcement;
* Driver roadside inspections;
* Driver regulatory compliance;
* Implementation of commercial driver educational and awareness programs to
the motor carrier population; and
* Awareness to the motoring public about safe operations around commercial
motor vehicles.
To learn more visit Commercial Vehicle Safety Alliance