IT PAYS TO BE SAFE

No. 20, May, 2010
"To Text or Not To Text"

Section 392.2 of the Federal Motor Carrier Safety Act provides that every commercial driver must operate his or her vehicle in accordance with the laws, ordinances and regulations of the jurisdiction in which their truck is being operated. Several states have now enacted anti-cell phone and anti-texting laws, which limit or prohibit the use of cell phones and texting while operating a motor vehicle. Most recently, Michigan passed a law prohibiting texting while driving. For those of you who transport to Ontario, Canada, you can only use your cell phone hands-free.

Most recently, a trolley operator in San Francisco has reportedly admitted being in the midst of texting when he was involved in a multi-injury accident.

A good example of the new anti-cell/text laws comes from California's Motor Vehicle Code, VC §23123. The new Wireless Communications Device law became effective January 1, 2009, and makes it an infraction to write, send or read text-based communications on an electric wireless communications device, such as a cell phone, while driving a motor vehicle.

The law also prohibits all drivers from using a hand-held wireless telephone while operating a motor vehicle, unless it is a hands-free device. Similar laws are now in place throughout the United States. A complete listing of each state and its law in regards to cell phone use and text messaging can be found at www.ghsa.org, the Governor's Highway Safety Association.

Over-the-road truck drivers spend hours upon hours alone. The cell phone is often the only link to family, friends and the company. It is important that the company and the drivers understand the law in each state in which they are traveling regarding cell phone use and text messaging. As not only can improper use be a violation of the state or local law, but it will also be considered a violation of the Federal Motor Carrier Safety Act.

We here at Holmes & Wiseley, P.C., wish you all a wonderful weekend, and safe travels throughout the week.