FMCSA Bans Truckers from Texting

November 07, 2010 (Press-News.org) The Federal Motor Carrier Safety Administration (FMCSA) has issued a formal rule banning truck and bus drivers from texting while driving. Carriers are also prohibited from requiring or allowing texting by their drivers.

The ban basically codifies current federal enforcement practices and follows up on guidance the FMCSA issued earlier in the year. The rule affects commercial motor vehicle (CMV) drivers who operate within interstate commerce. Sanctions for violators include a $2,750 fine for drivers and $11,000 fine for carriers. Drivers can also be disqualified from operating CMVs in interstate commerce.

Additional Prohibitions

Secretary of Transportation Ray LaHood also announced an additional texting ban designed to close a loophole involving intrastate haulers of hazardous materials. The rule will mirror the FMCSA ban on texting, but will cover rigs hauling hazardous materials not subject to the FMCSA rule. This includes approximately 1,490 intrastate hazmat carriers and almost 12,000 drivers.

Thirty states have also taken action and passed laws prohibiting texting. These bans and any other new prohibitions states may pass will stand provided they are compatible with the federal rule.

Additionally, an estimated 2,200 companies and organizations have or are developing policies to prevent distracted driving. The trucking company, Schneider National, for example, uses technology to detect cell phone usage in moving trucks.

Dangerous Conduct

Research commissioned by the FMCSA demonstrates that the odds of being involved in a crash or near-crash is 23 percent greater for CMV drivers who text while driving.

Texting's popularity and proven dangers are what has caused the FMCSA to act quickly on the issue, only having a six month turnaround from proposal to the final rule. Texting in the United States has grown exponentially over the past few years. Between 2005 and 2009 it has increased by 2,200 percent.

Distracted driving has developed into a huge issue for everyone on the roads. In 2009, almost 5,500 fatalities and a half-million injuries were attributed to distracted driving. Last year, distracted driving accounted for 16 percent of overall traffic fatalities.

If you have been the victim of a trucking accident that resulted from distracted driving, contact an experienced personal injury lawyer. An attorney can explain your legal options and work to hold those responsible for your suffering accountable.

Article provided by Nagle & Associates, P.A.
Visit us at www.carolinatrucklawyer.com