FMSCA Final Rule Limits Use of Wireless Communication Devices
The Federal Motor Carrier Safety Administration (FMCSA) has issued a final rule prohibiting texting by commercial motor vehicle (CMV) drivers while operating in interstate commerce and imposing civil penalties and disqualification from operating CMVs in interstate commerce for drivers who fail to comply. Motor carriers also are prohibited from requiring or allowing their drivers to engage in texting while driving. FMCSA amends its commercial driver’s license (CDL) regulations to add to the list of disqualifying offenses a conviction under state or local traffic laws or ordinances that prohibit texting by CDL drivers while operating a CMV, including school bus drivers.
Recent research commissioned by FMCSA shows that the odds of being involved in a safety-critical event (e.g., crash, near-crash, unintentional lane deviation) is 23.2 times greater for CMV drivers who engage in texting while driving than for those who do not. This rulemaking increases safety on the Nation’s highways by reducing the prevalence of or preventing certain truck- and bus-related crashes, fatalities, and injuries associated with distracted driving.
The final rule defines “electronic device” as including but not limited to, “a cellular telephone; personal digital assistant; pager; computer; or any other device used to input, write, send, receive, or read text. “Texting” means manually entering alphanumeric text into, or reading text from, an electronic device. This 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 entry, for present or future communication.” “Driving” means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle with or without the motor running when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
The final rule became effective October 27, 2010. http://edocket.access.gpo.gov/2010/2010-23861.htm