The Final Rule banning texting by Commercial Motor Vehicle (CMV) drivers was published today in the Federal Register (see: 75 FR 59118). While the full text of the rule can be downloaded from the above link, some key points to remember are: 

  1. The Final Rule is effective today, September 27, 2010
  2. Texting increases the risk of a wreck 23.2 TIMES vs. a non-texting driver
  3. A texting violation counts as a serious traffic violation and can disqualify a CDL driver
  4. Federal Employees were forbidden to text and drive on October 6, 2009 (74 FR 51225 and Executive Order 13513)
  5. Texting includes dispatch devices, cell phones, or ANY other texting device such as a laptop
  6. The FMCSA states the Duty to ensure there is no texting by the driver is imposed on the carrier directly.
  7. FMCSR impacted by the ban on texting include:
    1. 383.5    Definitions
    2. 383.51  Disqualifications of Driver
    3. 390.3    General Applicability
    4. 390.5    Definitions
    5. 391       Qualifications of Drivers
    6. 391.2    General Exceptions
    7. 391.15  Disqualification of Drivers
    8. 392.80  Prohibition Against Texting (new)