IT PAYS TO BE SAFE

No. 6, February, 2010
To Text or Not to Text--The Follow-Up Message

Several months ago, a trolley operator in San Francisco was reportedly in the midst of texting when he was involved in a multi-injury accident. On January 27, 2010, the Federal Motor Carrier Safety Administration issued a publication that advised drivers that consistent with §390.17 of the FMCSA, texting while driving a commercial motor vehicle is now prohibited.

The FMCSA accomplished this, not by enacting a new statute prohibiting the practice, but by providing new guidance to a question set forth within the expanded version of the FMCSA.

The FMCSA utilizes §390.17 regarding "additional equipment and accessories" to come up with this prohibition, pointing out:

• 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.

Thus, while there is not a specific regulation published by the federal government or a fine, it is clearly now a prohibited practice.

Multiple states have also enacted very specific prohibitions against any driver texting or using a cell phone and fines to go with it. A good example of anti-cell/text laws comes from the California Motor Vehicle Code. The recently enacted Wireless Communication Device Law became effective January 1, 2009, and makes it an infraction to write, send or read text-based communications on electronic wireless communication devices, such as a cell phone, while driving a motor vehicle.

Over the road drivers spend hours upon hours alone. Often the cell phone is the only link to family, friends and the company. It's important that the company and drivers understand the law in each state in which they are traveling with regard to cell phone use, and the federal government's message as to text messaging. Not only can improper use be a violation of state or local law, it will now 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.