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The Federal Motor Carrier Safety Administration (FMCSA) has banned texting by drivers of commercial motor vehicles (CMV) such as large trucks and buses. The prohibition has been in effect since October, 2010 and combats one form of distracted driving.
Fact 1 - Five seconds is the average time your eyes are off the road while texting. At 60 mph a vehicle will travel 440 feet in that amount of time. A football field is 100 yards or 300 feet.
Fact 2 - A texting driver is 23 times more likely to get into a crash than a driver who is not texting.
Fact 3 - Of those killed in distracted-driving related crashes, 18 percent involved a cell phone.
Fact 4 - Using a cell phone while driving delays reaction time.
Why do they do it?
While ninety percent of drivers support texting bans, many still text while behind the wheel. In my opinion most people who text while driving have done it before and erroneously believe they can do it without taking their mind off driving. They are wrong! It only takes a moment to cause or be involved in a crash.
What does this ban cover?
Electronic devices include, but are not limited to: cellular telephones, personal digital assistants (PDAs), pagers, computers, or any other device to input, write, send, receive, or read text. Texting means manually entering alphanumeric text into an electronic device. It also means reading text. A selected list of current electronic device activities include e-mailing, instant messaging, using a short message system (SMS), entering a command or request to access a World Wide Web page, or engaging in any other form of electronic text retrieval or entry.
Texting does not include:
1. Reading, selecting, or entering a telephone number, an extension number, a voicemail retrieval code or voice command into an electronic device for the purpose of initiating or receiving a telephone call.
2. Inputting, selecting, or reading information on a global positioning system or navigation system.
3. Using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited.
What Do the Regulations Say?
Subpart H - Limiting the Use of Electronic Devices FMCSA regulation § 392.80 Prohibition against texting.
(a) Prohibition. No driver shall engage in texting while driving.
(b) Motor carriers. No motor carrier shall allow or require its drivers to engage in texting while driving.
(c) Definition. For the purpose of this section only, driving means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle with or without the motor running when the driver moved the vehicle to the side of, or off, a highway, as defined in 49 CFR 390.5, and halted in a location where the vehicle can safely remain stationary.
Exception -- Emergency use. Texting while driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
§ 391.15 Disqualification of drivers.
(e) Disqualification for violation of prohibition of texting while driving a commercial motor vehicle.
(1) General rule. A driver who is convicted of violating the prohibition of texting in §392.80(a) of this chapter is disqualified for the period of time specified in paragraph (e)(2) of this section.
(2) Duration Disqualification for violation of prohibition of texting while driving a commercial motor vehicle- (i) Second violation. A driver is disqualified for 60 days if the driver is convicted of two violations of §392.80(a) of this chapter in separate incidents during any 3-year period. (ii) Third or subsequent violation. A driver is disqualified for 120 days if the driver is convicted of three or more violations of §392.80(a) of this chapter in separate incidents during any 3-year period.
Intrastate Transportation
These Federal regulations affect commercial vehicles engaged in interstate transportation, but several states have already adopted these regulations and have enacted their own state regulations designed to curb texting while driving commercial vehicles intrastate. Professional drivers of commercial vehicles should already know and accept the fact that texting while driving is very dangerous and should not be done under any circumstances.
Other Penalties
Truck drivers who get caught texting while driving commercial vehicles may be subject to civil or criminal penalties of up to $2,750. Employers could be subjected to serious and often expensive lawsuits if a driver is involved in an accident that involves injuries while the driver is texting. One of the first things that will be checked if a driver is accused of texting while driving is the cell phone records of the driver.
By these regulations, the FMCSA wants to impress on operators and their employers that texting while driving is an unsafe activity that needs to be prevented. Employers should take the time to ensure that all company drivers are aware of the regulations listed above and to establish a company wide ban on texting while driving company vehicles. Listen and share some of the youtube.com videos that are available just by searching texting and driving. Most of them are educational and some are very disturbing, but they all send the very important message that texting while driving is dangerous.
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