Rule Text

The texting rule would amend several existing regulations.  The ones in 49 CFR Code of Federal Regulations Part 383 relate to the CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) program.  Those in 49 CRF Part 390 relate to the FMCSR Federal Motor Carrier Safety Regulations: federal rules governing operation and safety of Commercial Motor Vehicles program. (See Which drivers are covered).

In the version below, proposed changes appear in blue text.  Short summaries by the Regulation Room team appear in italic text. To see the full version of the current regulations, go to the FMCSA site.

CONTENTS

49 CFR Code of Federal Regulations Code of Federal Regulations Part 383—Commercial Driver’s License Standards; Requirements and Penalties

§ 383.5: Definitions—New definitions would be added for the terms “electronic device” and “texting.”

§ 383.51: Disqualification of Drivers— New category (9) would add violation of State or local anti-texting laws to the list of “serious traffic offenses” that can result in disqualification.  A new footnote to this category would define “driving” to clarify that idling at a traffic signal is included, while idling on the side of the road is not.

Part 384—State Compliance with Commercial Driver’s License Program

§ 384.301: Substantial Compliance — General Requirements — New subpart (e) would give states no more than 3 years to implement the new CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) disqualification rules.

Part 390—Federal Motor Carrier Safety Regulations; General

§ 390.3:  General Applicability —Proposed subsection (f)(1) would remove the current exemption for school bus drivers employed by a private operator, for purposes of the texting ban only.

§ 390.5: Definitions—New definitions would be added for the terms “electronic device” and “texting.”

Part 391—Qualification of Drivers and Longer Combination Vehicle (LCV) Driver Instructions

§ 391.2:  General Exceptions—New language in subsections (a), (b), and (c) would remove the current exemption for farm and apiary operations, for purposes of the texting ban only.

§ 391.15: Disqualification of Drivers—  New subsection (e) would add violation of  the new texting ban in § 392.80 to the offenses that could result in disqualification from operating a CMV.

Part 392—Driving of Commercial Motor Vehicles

392.80 Prohibition Against Texting— This new proposed section would prohibit covered CMV Commercial Motor Vechicles drivers from texting while driving, and prohibit motor carriers companies from allowing or requiring their drivers to text while driving.  A new definition of driving would clarify that idling at a traffic signal is included, while idling on the side of the road is not.

Part 383—Commercial Driver’s License Standards; Requirements and Penalties

Legal Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L. 106–159, 113 Stat. 1766, 1767; sec. 1012(b) of Pub. L. 107–56; 115 Stat. 397; sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, 1726; and 49 CFR Code of Federal Regulations Code of Federal Regulations 1.73.

§ 383.5: Definitions

New definitions would be added for the terms “electronic device” and “texting.”

As used in this part:

Administrator means the Federal Motor Carrier Safety Administrator, the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation.

Alcohol or alcoholic beverage means: (a) Beer as defined in 26 U.S.C. 5052(a), of the Internal Revenue Code of 1954, (b) wine of not less than one-half of one per centum of alcohol by volume, or (c) distilled spirits as defined in section 5002(a)(8), of such Code.

. . .

Electronic device includes, but is not limited to, a cellular telephone; personal digital assistant; pager; computer; or other device used to input, write, send, receive, or read text.

. . .

Texting means manually entering alphanumeric text into, or reading text from, an electronic device.

(1)  This action includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access a World Wide Web page, or engaging in any other form of electronic text retrieval or entry for present or future communication.

(2)  Texting does not include:

(i)  Reading, selecting, or entering a telephone number, an extension number, or voicemail retrieval codes and commands into an electronic device for the purpose of initiating or receiving a phone call or using voice commands to initiate or receive a telephone call;

(ii)  Using an in-cab fleet A group of motor vehicles owned or leased by businesses or government agencies management system or citizens band radio;

(iii)  Inputting or selecting information on a global positioning system A space-based global navigation satellite system that provides location and time information anywhere on Earth or navigation system; or

(iv)  Using a device capable of performing multiple functions for a purpose that is not otherwise prohibited in this rule.

. . .

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§ 383.51: Disqualifications of Drivers

New category (9) would add violation of State or local anti-texting laws to the list of “serious traffic offenses” that can result in disqualification.  A new footnote to this category would define “driving” to clarify that idling at a traffic signal is included, while idling on the side of the road is not.

* * * * *

(c) * * *

(a) General.

(1) A driver or holder of a CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) who is disqualified must not drive a CMV.

(2) An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a CMV.

(3) A driver is subject to disqualification sanctions designated in paragraphs (b) and (c) of this section, if the holder of a CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) drives a CMV Commercial Motor Vechicles or non-CMV and is convicted of the violations.

(4) Determining first and subsequent violations. For purposes of determining first and subsequent violations of the offenses specified in this subpart, each conviction for any offense listed in Tables 1 through 4 to this section resulting from a separate incident, whether committed in a CMV Commercial Motor Vechicles or non-CMV, must be counted.

(5) Reinstatement after lifetime disqualification. A State may reinstate any driver disqualified for life for offenses described in paragraphs (b)(1) through (b)(8) of this section (Table 1 to §383.51) after 10 years if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the State. Any person who has been reinstated in accordance with this provision and who is subsequently convicted of a disqualifying offense described in paragraphs (b)(1) through (b)(8) of this section (Table 1 to §383.51) must not be reinstated.

(b) Disqualification for major offenses.

Table 1 to §383.51 contains a list of the offenses and periods for which a driver must be disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:

. . .

(c) Disqualification for serious traffic violations.

Table 2 to §383.51 contains a list of the offenses and the periods for which a driver must be disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:

Table 2 to §383.51

If the driver operates a motor vehicle and is convicted of: For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) and a CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) holder must be disqualified from operating a CMV Commercial Motor Vechicles for . . . For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) holder’s license or non-CMV driving privileges, for . . . For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) and a CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) holder must be disqualified from operating a CMV Commercial Motor Vechicles for . . . For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) holder’s license or non-CMV driving privileges, for . . .
(1) Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the posted speed limit 60 days 60 days 120 days 120 days.
(2) driving recklessly, as defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property 60 days 60 days 120 days 120 days.
(3) making improper or erratic traffic lane changes 60 days 60 days 120 days 120 days.
(4) following the vehicle ahead too closely 60 days 60 days 120 days 120 days.
(5) Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident 60 days 60 days 120 days 120 days.
(6) driving a CMV Commercial Motor Vechicles without obtaining a CDL 60 days Not applicable 120 days Not applicable.
(7) driving a CMV Commercial Motor Vechicles without a CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) in the driver’s possession1 60 days Not applicable 120 days Not applicable.
(8) driving a CMV Commercial Motor Vechicles without the proper class of CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported 60 days Not applicable 120 days Not applicable.
(9) Violating a State or local law or ordinance on motor vehicle traffic control  prohibiting texting while driving2 60 days Not applicable 120 days Not applicable

1 Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) on the date the citation was issued, shall not be guilty of this offense.

2 Driving, for the purpose of this disqualification, 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 Any vehicle owned or used by a business with or without the motor running when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

(d) Disqualification for railroad-highway grade crossing offenses. Table 3 to §383.51 contains a list of the offenses and the periods for which a driver must be disqualified, when the driver is operating a CMV Commercial Motor Vechicles at the time of the violation, as follows:

. . .

(e) Disqualification for violating out-of-service orders. Table 4 to §383.51 contains a list of the offenses and periods for which a driver must be disqualified when the driver is operating a CMV Commercial Motor Vechicles at the time of the violation, as follows:

. . .

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Part 384—State Compliance with Commercial Driver’s License Program

Legal Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103 and 215 of Pub. L. 106–159, 113 Stat. 1753, 1767; and 49 CFR Code of Federal Regulations Code of Federal Regulations 1.73.

§ 384.301: Substantial Compliance — General Requirements

New subpart (e) would give states no more than 3 years to implement the new CDL Commercial Driver's License (a license required to drive any vehicle that weighs over a certain amount, carries hazardous waste, or carries over fifteen passengers) disqualification rules.

(a) To be in substantial compliance with 49 U.S.C. 31311(a), a State must meet each and every standard of subpart B of this part by means of the demonstrable combined effect of its statutes, regulations, administrative procedures and practices, organizational structures, internal control mechanisms, resource assignments (facilities, equipment, and personnel), and enforcement practices.

(b)(1) A State must come into substantial compliance with the requirements of subpart B of this part in effect as of September 30, 2002 as soon as practical, but, unless otherwise specifically provided in this part, not later than September 30, 2005.

(2) Exception. A State must come into substantial compliance with 49 CFR Code of Federal Regulations 383.123 not later than September 30, 2006.

(c) A State must come into substantial compliance with the requirements of subpart B of this part in effect as of September 4, 2007 as soon as practical but, unless otherwise specifically provided in this part, not later than September 4, 2010.

(d) A State must come into substantial compliance with the requirements of subpart B of this part in effect as of January 30, 2009, as soon as practical, but not later than January 30, 2012.

(e) A State must come into substantial compliance with the requirements of subpart B of this part in effect as of [INSERT EFFECTIVE DATE]) as soon as practical, but not later than [INSERT DATE 3 YEARS AFTER THE EFFECTIVE DATE].

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Part 390—Federal Motor Carrier Safety Regulations; General

Legal Authority: 49 U.S.C. 508, 13301, 13902, 31133, 31136, 31144, 31151, 31502, 31504; sec. 204, Pub. L. 104–88, 109 Stat. 803, 941 (49 U.S.C. 701 note); sec. 114, Pub. L. 103–311, 108 Stat. 1673, 1677; sec. 217, 229, Pub. L. 106–159, 113 Stat. 1748, 1767, 1773; and 49 CFR Code of Federal Regulations Code of Federal Regulations 1.73.

§ 390.3: General Applicability

Proposed changes to subsection (f)(1) would remove the current exemption for school bus drivers employed by a private operator, for purposes of the texting ban only.

(a) The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles, which transport property or passengers in interstate commerce.

(b) The rules in part 383, Commercial Driver’s License Standards; Requirements and Penalties, are applicable to every person who operates a commercial motor vehicle, as defined in §383.5 of this subchapter, in interstate or intrastate commerce and to all employers of such persons.

(c) The rules in part 387, Minimum Levels of Financial Responsibility for Motor Carriers, are applicable to motor carriers as provided in §387.3 or §387.27 of this subchapter.

(d) Additional requirements. Nothing in subchapter B of this chapter shall be construed to prohibit an employer from requring and enforcing more stringent requirements relating to safety of operation and employee safety and health.

(e) Knowledge of and compliance with the regulations.

(1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter which are applicable to that motor carrier’s operations.

(2) Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter.

(3) All motor vehicle equipment and accessories required by this subchapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter.

(f) Exceptions. Unless otherwise specifically provided, the rules in this subchapter do not apply to— (1) All school bus operations as defined in §390.5 (except for the provisions of §§ 391.15(e) and 392.80) ; . . .
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§ 390.5: Definitions

New definitions would be added for the terms “electronic device” and “texting.”

Unless specifically defined elsewhere, in this subchapter:

Accident means—

(1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle Any vehicle owned or used by a business operating on a highway in interstate or intrastate commerce which results in:

(i) A fatality;

(ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or

(iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.

(2) The term accident does not include:

(i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or

(ii) An occurrence involving only the loading or unloading of cargo.

Alcohol concentration (AC) means the concentration of alcohol in a person’s blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

. . .

Electronic device includes, but is not limited to, a cellular telephone; personal digital assistant; pager; computer; or other device used to input, write, send, receive, or read text.

. . .

Texting means manually entering alphanumeric text into, or reading text from, an electronic device.

(1)  This action includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access a World Wide Web page, or engaging in any other form of electronic text retrieval or electronic text entry for present or future communication.

(2)  Texting does not include:

(i)  Reading, selecting, or entering a telephone number, an extension number, or voicemail retrieval codes and commands into an electronic device for the purpose of initiating or receiving a phone call or using voice commands to initiate or receive a telephone call;

(ii)  Using an in-cab fleet A group of motor vehicles owned or leased by businesses or government agencies management system or citizens band radio;

(iii)  Inputting or selecting information on a global positioning system A space-based global navigation satellite system that provides location and time information anywhere on Earth or navigation system; or

(iv)  Using a device capable of performing multiple functions for a purpose that is not otherwise prohibited in this rule.

. . .

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Part 391—Qualification of Drivers and Longer Combination Vehicle (LCV) Driver Instructions

Legal Authority: 49 U.S.C. 322, 504, 508, 31133, 31136, and 31502; sec. 4007(b) of Pub. L. 102–240, 105 Stat. 2152; sec. 114 of Pub. L. 103–311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106–159, 113 Stat. 1767; and 49 CFR Code of Federal Regulations Code of Federal Regulations 1.73.

§ 391.2: General Exceptions

New language in subparts (a), (b), and (c) would remove the current exemption for farm and apiary operations, for purposes of the texting ban only.

(a) Farm custom operation. The rules in this part (except for § 391.15(e)) do not apply to a driver who drives a commercial motor vehicle Any vehicle owned or used by a business controlled and operated by a person engaged in custom-harvesting operations, if the commercial motor vehicle Any vehicle owned or used by a business is used to—

(1) Transport farm machinery, supplies, or both, to or from a farm for custom-harvesting operations on a farm; or

(2) Transport custom-harvested crops to storage or market.

(b) Apiarian industries. The rules in this part (except for § 391.15(e)) do not apply to a driver who is operating a commercial motor vehicle Any vehicle owned or used by a business controlled and operated by a beekeeper engaged in the seasonal transportation of bees.

(c) Certain farm vehicle drivers. The rules in this part (except for § 391.15(e)) do not apply to a farm vehicle driver except a farm vehicle driver who drives an articulated (combination) commercial motor vehicle, as defined in § 390.5. (For limited exemptions for farm vehicle drivers of articulated commercial motor vehicles, see § 391.67.)

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§ 391.15: Disqualification of Drivers

New subsection (e) would add violation of  the new texting ban in § 392.80 to the offenses that could result in disqualification from operating a CMV.

(a) General. A driver who is disqualified shall not drive a commercial motor vehicle. A motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees shall not require or permit a driver who is disqualified to drive a commercial motor vehicle.

(b) Disqualification for loss of driving privileges. (1) A driver is disqualified for the duration of the driver’s loss of his/her privilege to operate a commercial motor vehicle Any vehicle owned or used by a business on public highways, either temporarily or permanently, by reason of the revocation, suspension, withdrawal, or denial of an operator’s license, permit, or privilege, until that operator’s license, permit, or privilege is restored by the authority that revoked, suspended, withdrew, or denied it.

(2) A driver who receives a notice that his/her license, permit, or privilege to operate a commercial motor vehicle Any vehicle owned or used by a business has been revoked, suspended, or withdrawn shall notify the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees that employs him/her of the contents of the notice before the end of the business day following the day the driver received it.

(c) Disqualification for criminal and other offenses —

(1) General rule. A driver who is convicted of (or forfeits bond or collateral upon a charge of) a disqualifying offense specified in paragraph (c)(2) of this section is disqualified for the period of time specified in paragraph (c)(3) of this section, if—

(i) The offense was committed during on-duty time as defined in §395.2(a) of this subchapter or as otherwise specified; and

(ii) The driver is employed by a motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees or is engaged in activities that are in furtherance of a commercial enterprise in interstate, intrastate, or foreign commerce;

(2) Disqualifying offenses. The following offenses are disqualifying offenses:

(i) Driving a commercial motor vehicle Any vehicle owned or used by a business while under the influence of alcohol. This shall include:

(A) Driving a commercial motor vehicle Any vehicle owned or used by a business while the person’s alcohol concentration is 0.04 percent or more;

(B) Driving under the influence of alcohol, as prescribed by State law; or

(C) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of §391.15(c)(2)(i) (A) or (B), or §392.5(a)(2).

(ii) Driving a commercial motor vehicle Any vehicle owned or used by a business under the influence of a 21 CFR Code of Federal Regulations 1308.11 Schedule I identified controlled substance, an amphetamine, a narcotic drug, a formulation of an amphetamine, or a derivative of a narcotic drug;

(iii) Transportation, possession, or unlawful use of a 21 CFR Code of Federal Regulations 1308.11 Schedule I identified controlled substance, amphetamines, narcotic drugs, formulations of an amphetamine, or derivatives of narcotic drugs while the driver is on duty, as the term on-duty time is defined in §395.2 of this subchapter;

(iv) Leaving the scene of an accident while operating a commercial motor vehicle; or

(v) A felony involving the use of a commercial motor vehicle.

(3) Duration of disqualification —

(i) First offenders. A driver is disqualified for 1 year after the date of conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, the driver was not convicted of, or did not forfeit bond or collateral upon a charge of an offense that would disqualify the driver under the rules of this section. Exemption. The period of disqualification is 6 months if the conviction or forfeiture of bond or collateral solely concerned the transportation or possession of substances named in paragraph (c)(2)(iii) of this section.

(ii) Subsequent offenders. A driver is disqualified for 3 years after the date of his/her conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, he/she was convicted of, or forfeited bond or collateral upon a charge of, an offense that would disqualify him/her under the rules in this section.

(d) Disqualification for violation of out-of-service orders —(1) General rule. A driver who is convicted of violating an out-of-service order is disqualified for the period of time specified in paragraph (d)(2) of this section.

(2) Duration of disqualification for violation of out-of-service orders —

(i) First violation. A driver is disqualified for not less than 90 days nor more than one year if the driver is convicted of a first violation of an out-of-service order.

(ii) Second violation. A driver is disqualified for not less than one year nor more than five years if, during any 10-year period, the driver is convicted of two violations of out-of-service orders in separate incidents.

(iii) Third or subsequent violation. A driver is disqualified for not less than three years nor more than five years if, during any 10-year period, the driver is convicted of three or more violations of out-of-service orders in separate incidents.

(iv) Special rule for hazardous materials and passenger offenses. A driver is disqualified for a period of not less than 180 days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq. ), or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if, during any 10-year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver.

(e) Disqualification for violation of prohibition of texting while driving a commercial motor vehicle Any vehicle owned or used by a business —

(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 Any vehicle owned or used by a business —

(i) Second violation. A driver is disqualified for not less than 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 not less than 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.

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Part 392—Driving of Commercial Motor Vehicles

12. Authority

Legal Authority: 49 U.S.C. 13902, 31136, 31151, 31502; and 49 CFR Code of Federal Regulations Code of Federal Regulations 1.73.

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§ 392.80

This new proposed section would prohibit covered CMV Commercial Motor Vechicles drivers from texting while driving, and prohibit motor carriers companies from allowing or requiring their drivers to text while driving.  A new definition of driving would clarify that idling at a traffic signal is included, while idling on the side of the road is not.

Subpart H–Limiting the use of electronic devices

§ 392.80 Purpose, scope, and general requirement

§ 392.80 Subpart H–Limiting the use of electronic devices

Purpose, scope, and general requirement

§ 392.80 Prohibition against texting

(a) Prohibition. No driver shall engage in texting while driving.

(b) Motor Carriers. No motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees 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 Any vehicle owned or used by a business with or without the motor running when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

(d) Exceptions.

(1) The provisions of § 390.3(f)(1) of this chapter (school bus operations) are not applicable to this section.

(2) Texting is permissible by drivers of a commercial motor vehicle Any vehicle owned or used by a business when necessary to communicate with law enforcement officials or other emergency services.

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The goal of the project is to improve communication between government regulators and the public for the purposes of creating regulation that better meets the needs of the public at reduced cost. Individuals would generally participate because they are interested in more effective regulation, reduced cost, or both.

The principle risk of participation is that an individual might choose to provide sensitive personal information even though we do not require such information and warn users against including such information. The Profile page allows users to provide their real name and a brief bio, and to make both publically viewable. Users might include other personal data, such as address, telephone number, employer, and social security number. This information could then be viewed and used by others.

We will attempt to keep web site server log data and optional web survey data protected against public disclosure.

Compensation

There is no compensation for participating.

Taking part is voluntary

Taking part in this study is completely voluntary. You do not have to reply to any emails, and your participation or withdrawal will not affect your current or future relationship with Cornell University. If you decide to take part, you are free to withdraw at any time.

Modification of Terms and Conditions of Use

Cornell University reserves the right to revise these Terms and Conditions of Use at any time by updating this page. Your continued use of the site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.

PRIVACY NOTICE

In any sort of report we make public and/or provide to the Federal agency we will not include any information that will make it possible to identify you unless you have elected to make such information publicly visible on the site.

Please note that material you post on Regulation Room is provided voluntarily; it will be publicly visible on the web site and might be publicly disclosed in a rulemaking docket.

SITEUSE/COMMUNITY GUIDELINES

We welcome your use of our site and participation in our research. To keep the experience a positive one for all our users, we ask that you follow the rules outlined below. By submitting content to this site, you are agreeing to the following rules:

You are fully responsible for the content you post. You may not post content that is libelous, defamatory, obscene, abusive, that violates someone else’s right to privacy, that otherwise violates any applicable local, state, national or international law, or that is otherwise inappropriate. Furthermore, you may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Language intended to intimidate or to incite violence will not be tolerated.

We may monitor user-generated content and we reserve the right to remove, edit or otherwise alter content that, in our sole judgment, violates these rules. Repeated violation of these rules may result in your being banned from the site.

By posting material to this site, you represent that you have the legal right to reproduce, adapt, display, and distribute this material to others. Neither Cornell University nor any other person or entity responsible for this site will be responsible for posted information that may infringe on a third party’s copyright, trademark, or other intellectual property rights.

We may summarize and/or republish the content of your comments. By posting you agree that your comments may be summarized, analyzed, and republished online and in print.

You may use this site only for non-commercial purposes. This site prohibits any actions to solicit funds, promote commercial entities or otherwise engage in commercial activity.

You may not interrupt, or attempt to interrupt, the operation of the site in any way. Unauthorized use or modification of any information stored on the site may result in criminal and/or civil prosecution under federal, state and local law. You may not to use the site to carry out any unauthorized alteration of any data or information on the site or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You may not restrict or inhibit any other user from using and enjoying any service conducted on the site.

Cornell University reserves the right to limit or deny your access to the site or take other appropriate action if you violate any provision of these Guidelines, or if you conduct any activity that violates the rights of any person or entity or that we in our sole discretion deem unlawful, offensive, threatening, abusive, or potentially harmful or malicious.

IF YOU HAVE QUESTIONS

If you have questions about these provisions, this site or the research program it is part of, you can contact Mary Newhart, Executive Director, Cornell e-Regulatory Research Initiative, mjn3@cornell.edu, 607-255-3660.

If you have any questions or concerns regarding your rights as a subject in this study, you may contact the Institutional Review Board (IRB) at 607-255-5138 or access their website at http://www.irb.cornell.edu/. You may also report your concerns or complaints anonymously through the Ethicspoint website or by calling toll free at 1-866-293-3077. Ethicspoint is an independent organization that serves as a liaison between the University and the person bringing the complaint so that anonymity can be ensured.

If you agree to these terms and conditions, we will e-mail you a link to a copy of this consent form for your records.

This form will be kept by the researchers for at least three years beyond the end of the study and was approved by the IRB September 30, 2009; revisions on February 19, 2010, April 12 2010, February 16, 2011, and August 18, 2011.

STATEMENT OF CONSENT

I have read the above information, I am at least 18 years of age, I agree to these Terms and Conditions and Site Use/Community Guidelines, and I consent to participate in the research program of which Regulation Room is a part.

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