DOT PROPOSES RULE BANNING TEXTING BY CMV DRIVERS
On April 1, a
proposed rule to ban texting for truck and bus drivers was published in the Federal Register. The proposed rule would make permanent the interim ban instituted in late January, and take it a step further by establishing more detailed, binding requirements that include the risk of disqualification from driving, on top of the hefty fines that are now in place.
The first texting offense, and each subsequent offense, would lead to a fine of up to $2,750. If a driver commits a second offense within three years he would be disqualified for at least 60 days. Three offenses within three years would lead to a 120-day disqualification.
The FMCSA acknowledged in the NPRM that many carriers have invested significant resources in electronic dispatching tools and fleet management systems. The agency also indicated that its proposal should not be seen as a move to prohibit the use of onboard technology such as electronic dispatching or fleet management systems, or of cell phones for uses other than texting. It will take up these issues in separate rulemakings that will be announced in the coming months.
To promote public involvement and collaboration in the rulemaking process, the Department of Transportation (DOT) will be forming a partnership with Cornell University. Part of that partnership will be the formation of the Regulation Room (http://www.regulationroom.org/), an online environment where people can learn about and discuss proposed federal regulations, and a place where the DOT can receive feedback to its proposals. The DOT encourages participation in this rulemaking through Regulation Room, but the public may also submit comments to the DOT docket at http://www.regulation.gov/ The public comment period ends May 3.