FMCSA Publishes Final Rule on Texting Ban for CMV Drivers
In late September, the FMCSA issued its final rule prohibiting texting by commercial vehicle drivers while operating in interstate commerce. The rule, which takes effect Oct. 27, will impose sanctions, including civil penalties and disqualification of noncompliant drivers from operating commercial motor vehicles in interstate commerce. Additionally, motor carriers are prohibited from requiring or allowing their drivers to engage in texting while driving. The final rule does not cover the use of cell phones and other electronic devices by CMV drivers for anything other than texting.
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.
Drivers will face 60-day CMV disqualification after two violations within a three-year period. Three violations in a three-year period will result in a 120-day disqualification.
The final rule follows the FMCSA’s proposed rulemaking on April 1. In the final rule, FMCSA defines texting as “manually entering alphanumeric text into, or reading text from, an electronic device,” and says such actions include short message service, email, instant messaging, a command or request to access the Internet, or any other form of electronic text retrieval or entry. The ban does not include “reading, selecting or entering a phone number, an extension number or voicemail retrieval codes and commands into an electronic device for the purposes of initiating or receiving a phone call or using voice commands to initiate or receive a telephone call.” It also does not cover inputting, selecting or reading information on a global positioning system or navigation system and non-texting uses of these devices.
Because 20 states have yet to issue bans on texting while driving, the final rule is applicable to all CMV drivers engaged in interstate commerce regardless of the existence of a state law or regulation.
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.
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