March 29, 2011

PHMSA Bans Texting

As of March 30, 2011, drivers of commercial motor vehicles carrying certain hazardous materials or toxins are prohibited from engaging in texting activities in the United States. Issued by the PHMSA, the rule builds on a September 2010 regulation written by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA texting prohibition applies to drivers of commercial motor vehicles, including those transporting a quantity of hazardous materials requiring placarding under Part 172 of the 49 CFR or any quantity of a select agent or toxin listed in 42 CFR Part 73. The FMCSA action is limited to vehicles engaging in interstate commerce, while the PHMSA action extends the ban to intrastate commerce. PHMSA also notes that the majority of states prohibit texting while driving any motor vehicle.

In the preamble to its rule, PHMSA cites a study commissioned by FMCSA that found that texting drivers take their eyes off the forward roadway for an average of 4.6 seconds during the 6-second interval surrounding a safety-critical event. At 55 mph, this equates to a driver traveling 371 feet without looking at the roadway; at 65 mph, the vehicle travels 439 feet without the driver looking at the highway. According to the study, which was performed by the Virginia Tech Transportation Institute, the odds of being involved in a safety-critical event are 23.2 times greater for drivers who text message than for those who do not. This was by far the highest odds ratio among tasks that took drivers’ eyes away from the road. Other odds ratios were 7.0 for looking at a map and 5.9 for dialing a cell phone.

Under PHMSA’s rule, texting includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access a Web page, or engaging in any other form of electronic text retrieval or entry for present or future communication. Texting does not include 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; inputting, selecting, or reading information on a global positioning system or navigation system; or using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizen band radios, music players).