In The News

Texting rule published, this time for real

By David Tanner, associate editor - Land Line
Posted Sep 28th 2010 4:07AM


U.S. Transportation Secretary Ray LaHood announced during last week’s distracted driving summit that the federal ban on texting for commercial drivers was now the “law of the land.” While his message was clear, the final rule technically didn’t hit the Federal Register until today, Monday, Sept. 27. It becomes enforceable starting Oct. 27.

This means that interstate truckers caught texting could face fines of $2,750, while their carriers could face fines of $11,000. Texting will also become a serious violation on the National Highway Traffic Safety Administration’s list of infractions that count against a driver’s CDL. If anyone is wondering about CSA 2010, texting while driving carries a 10-point severity weight rating and is a driver responsible offense.

Also hitting the Federal Register on Monday was a notice of proposed rulemaking that will, once published and enforced, prohibit intrastate hazmat haulers from texting while behind the wheel. This provision is separate from the federal texting because the hazmat provision will apply to haulers that don’t cross state lines.

To keep it all straight, there are four texting and cell-phone-related rules in the regulatory pipeline.

The first one is the final rule prohibiting texting for all interstate truckers effective Oct. 27 as per Monday’s announcement.

The second one applies to cell phone use, but it is a notice of proposed rulemaking at this time and is currently being reviewed by the White House’s Office of Management and Budget.

Third, and this is one of two proposals affecting intrastate hazmat haulers, texting is being targeted in notice of proposed rulemaking that was published in the Federal Register on Monday. The agency will accept comments for 30 days on this one.

Fourth, also affecting intrastate hazmat haulers, an additional notice of proposed rulemaking targets the use of cell phones while driving. This has not begun the approval process that leads up to being published in the Federal Register .

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