What would happen to CMV Commercial Motor Vechicles operators caught texting while driving under FMSCA’s proposed texting rule? First time convicted violators would get hit with fines that are pretty hefty, especially for the majority of CMV Commercial Motor Vechicles operators who are small businesses. For multiple violations within a three year period, convicted texters could not only be fined, but also be disqualified for 60 or 90 days from operating a CMV.
These are basically the same penalties that apply to most violations by CMV Commercial Motor Vechicles operators and 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) holders. The only possible difference is that convictions for texting while driving a non-CMV would not count towards the multiple convictions that trigger 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) operating disqualification. For other serious traffic offenses, convictions even for non-CMV driving count if the conviction resulted in a loss of driving privileges. Maybe this doesn’t make any practical difference (maybe no existing state or local anti-texting laws include license suspension or revocation as a penalty) but it’s worth thinking — and talking — about as part of the whole question of what should be the consequences for texting while driving.
The Details:
Consequences for convicted violators. FMCSA’s proposed texting rule involves two different (but related) programs that regulate CMV Commercial Motor Vechicles drivers: the federal-level FMCSR Federal Motor Carrier Safety Regulations: federal rules governing operation and safety of Commercial Motor Vehicles program and 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 that states operate under federal standards. (See Which drivers are covered.) In general, both programs punish violations through fines and, for repeated convictions, suspension of CMV Commercial Motor Vechicles operating privileges. The penalties FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) is proposing for texting violations would, for the most part, involve the same sort of consequences that apply to other FMCSR Federal Motor Carrier Safety Regulations: federal rules governing operation and safety of Commercial Motor Vehicles and 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) violations. Here is a chart of these consequences:
Convictions must be for CMV Commercial Motor Vechicles texting. The one place where texting consequences would be different from other violations comes in 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. FMCSA has proposed that the convictions of state/local anti-texting laws that trigger 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) consequences must involve texting while operating a CMV. This means that 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’s conviction for texting while driving in some other context (e.g., driving a personal vehicle) would not count towards disqualification. (See proposed new 49 CFR Code of Federal Regulations §383.51 Table 2 (9) & note 2 defining “driving”). For other “serious traffic violations” such as excessive speeding or following too closely, a violation for non-CMV driving does count towards disqualification if that conviction results in suspension or cancellation of non-CMV operating privileges (e.g., the driver’s regular driving license). (See current 49 CFR Code of Federal Regulations § 383.51 Table 2 (1)-(5)).
FMCSA doesn’t really explain why it thinks a different approach for texting convictions is appropriate. It discusses section 31310(e) of the Commercial Motor Vehicle Safety Act, which authorizes disqualification for convictions for “serious traffic violations involving a commercial motor vehicle Any vehicle owned or used by a business operated by the individual.” Still, the approach FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) takes to other serious traffic violations is authorized by section 31310(g), which permits disqualification based on non-CMV convictions if they result in loss of driving privileges.
Convictions in other states. Consequences for texting by 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) holders depend on convictions under state/local anti-laws, but these laws don’t have to be from the state that issued the CDL. 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 could be convicted of texting while driving a CMV Commercial Motor Vechicles in another locality that prohibits texting, and his/her home state would have to recognize that conviction and impose the appropriate 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) penalty. (49 CFR Code of Federal Regulations § 384.218; 49 CFR Code of Federal Regulations § 384.219.) 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) holders are required to report out-of-state convictions to their home state within 30 days. Moreover, as explained in Who & how of enforcement, states are required to report within 10 days convictions of traffic violations by 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) holders to the state who issued the CDL.
Responsibilities of CMV Commercial Motor Vechicles owners. In general, the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees owning the CMV Commercial Motor Vechicles is separately responsible for the driver complying with applicable regulations — and the proposed rule would specifically direct carriers not to allow or require drivers to text while driving. In addition, CMV Commercial Motor Vechicles employers may not allow an employee to drive a CMV Commercial Motor Vechicles while he/she is disqualified. (49 CRF §391.15; 49 CRF 383.37) Drivers must report a disqualification to their employer by the end of the next business day after they are notified of the disqualification.
Have been thinking about this one for a few days now, and have a hard time digesting what the FMCSA is wanting to do. In perspective, they want to suspend a CMV operators CDL for the “act of texting”, whereas a person that is convicted of drunk driving in most states gets a slap on the risk, a fine and continues on with their daily life. That CDL is a persons way of making a living, feeding his/her family and staying off the federal unemployment lines. The only way personally I could see such a penalty would be justified, is if the “act of texting” was the cause of an accident in which an accident occurred which involves property damage and/or injury to an individual(s). And then, only if, through a means of confirming (more than likely through a court order) that the CMV Operator was indeed texting when the accident occurred could such a penalty (CDL suspension) be enforced. This would also require synchronization of the vehicles on OBR and the texting device to confirm time.
Leaving this rule as a judgement call on the part of the enforcing officer would lead to some severe misuse, that will cost everyone in the long run. The CMV operator and/or CMV owner would be forced to pay expensive attorney fees to prove innocence in some cases, and the city, county or state entity that wrote the violation would also have heavy cost to have a trial on such cases. Thousands of CMV operators hang it up every day for many reasons, and one is the increased discrimination of enforcement placed on them, and making it harder to exist on the road. Add to the Federal rules, the varying rules from state-to-state, a CMV operator these days needs a laptop in the cab with GPS, and a pop-up and pull-over screen before crossing state lines so that can be updated and reminded of the differing laws in the state they are entering.
Focusing on the consequences of suspending a CDL license is important. In the texting rule’s current form, a CDL license suspension would likely not occur until after the CMV driver received at least one prior texting violation. Do you think imposing a fine for the first texting violation is a sufficient warning?