The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently published a notice of proposed rulemaking (HM-256) that would prohibit texting on electronic devices by drivers who are operating a motor vehicle containing placarded loads of hazardous materials. The DOT’s Federal Motor Carrier Safety Administration (FMCSA) recently adopted a regulation banning commercial drivers operating in interstate commerce from texting while driving. The rule also makes companies liable for allowing or requiring drivers to text while driving. Thirty states have adopted similar laws or regulations
Although current federal rules only require companies to have a policy that prohibits texting while driving a commercial motor vehicle, it is clear that within a few months new federal rules will ban the use of hand-held cell phones for any driver of a commercial vehicle engaged in interstate commerce. Therefore, it is advisable for companies to adopt a distracted driver policy that bans the use of hand-held cell phones, hand held computers, and gaming devices. If cellular communication is to be used by company drivers they must either use voice-activated systems, or be fully stopped in a “safe location.”