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