The U.S. Department of Transportation recently issued a Regulatory Guidance making it clear that drivers of commercial vehicles covered by DOT regulations are prohibited from texting while driving. DOT regulations apply to commercial vehicles such as trucks or buses that are used on highways in interstate commerce and weigh more than 10,000 pounds or carry more than 8 passengers.

The Regulatory Guidance interprets existing DOT regulations governing the use of equipment and accessories onboard commercial vehicles to impose this new prohibition on the grounds that texting while driving decreases the safety of operating a commercial vehicle. “Texting” is defined as “the review of, or preparation and transmission of, typed messages through any device, or engaging in any form of electronic data retrieval or electronic data communication through any such device.” Under the new prohibition, truck and bus drivers who text while driving commercial vehicles may be subject to civil or criminal penalties of up to $2,750.

To justify the ban, the Regulatory Guidance cites a research study by the Federal Motor Carrier Safety Administration (FMCSA) showing that drivers who send and receive text messages take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. At 55 miles per hour, this means that the driver is traveling the length of a football field, including the end zones, without looking at the road. The FMCSA research also shows that drivers who text while driving are more than 20 times more likely to get into an accident than nondistracted drivers.

This Regulatory Guidance is the latest in a series of actions by the federal government to reduce distracted driving following a national summit last year to focus attention on the problem. President Obama issued an Executive Order at the end of 2009 banning federal employees from texting while driving government-owned vehicles. The Regulatory Guidance states that the Federal Motor Carrier Safety Administration will issue more specific and comprehensive regulations to address the problem of texting while driving a commercial vehicle in an expedited rulemaking procedure later this year.

The DOT’s prohibition against texting while driving does not apply to onboard dispatching systems that transmit directions or instructions to truck or bus drivers by text message, as long as drivers are not required to read or type messages while driving. Most of these systems cannot be used while a commercial vehicle is in motion.

The new prohibition also does not prohibit the use of cell phones while driving for purposes other than texting. However, the Regulatory Guidance reminds drivers of commercial vehicles that existing DOT regulations require them to comply with the laws and regulations of any state in which the vehicles are being operated. Some states prohibit any non-emergency use of a cell phone while driving.

Many states, including North Carolina, have laws against texting while driving. North Carolina’s law prohibiting texting while driving for anyone operating a motor vehicle became effective December 1, 2009.

As we noted in a recent Employer Alert on the new North Carolina law, employers concerned about employee safety, compliance with the law, and potential civil liability from motor vehicle accidents should consider having a comprehensive written policy governing employee use of cell phones and other communication devices while driving a company vehicle or during any other driving on the job. See Employers Should Have Written Policy for Employee Mobile Phone Usage While Operating a Motor Vehicle.