As has been anticipated for some time, the Federal Motor Carrier Safety Administration released a "Notice of Regulatory Guidance" on January 27, concerning texting while operating a Commercial Motor Vehicle (CMV).
The guidance applies to all interstate drivers of CMVs subject to Federal Motor Carrier Safety Regulations, and is intended to prohibit texting based on existing regulations, and considers cell phones and texting devices as "additional accessories or devices".
It is recommended that companies with CMVs review their current safety policies to ensure that this topic is addressed. Also, it's recommended that a policy be implemented to address in vehicle driving distractions, and drivers should be trained on the new law and company safety policy.
Below is an excerpt (Question and Answer) from the official guidance publication, as well as a link to the rulemaking. For additional help with establishing a driver distraction safety policy, consult your local Westfield Risk Control Representative.
Question 1: Do the Federal Motor Carrier Safety Regulations prohibit "texting" while driving a commercial motor vehicle in interstate commerce?
Guidance: Yes.Although the current safety regulations do not include an explicit prohibition against texting while driving by truck and bus drivers, the general restriction against the use of additional equipment and accessories that decrease the safety of operation of commercial motor vehicles applies to the use of electronic devices for texting. Handheld or other wireless electronic devices that are brought into a CMV are considered "additional equipment and accessories" within the context of Sec. 390.17. "Texting" is the review of, or preparation and transmission of, typed messages through any such device or the engagement in any form of electronic data retrieval or electronic data communication through any such device. Texting on electronic devices while driving decreases the safety of operation of the commercial vehicles on which the devices are used because the activity involves a combination of visual, cognitive and manual distraction from the driving task. Research has shown that during 6- second intervals immediately preceding safety-critical events (e.g., crashes, near crashes, lane departure), texting drivers took their eyes off the forward roadway an average of 4.6 seconds. Therefore, the use of electronic devices for texting by CMV operators while driving on public roads in interstate commerce decreases safety and is prohibited by 49 CFR 390.17.
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