The issue of distracted driving continues to receive attention from state legislatures, advocacy groups and cellular providers throughout the United States. Driving while talking on a cell phone is largely frowned upon and is now illegal in many states. Now the phenomenon of “texting while driving” has garnered its share of scrutiny.
The District of Columbia and 24 states ban text messaging while operating a motor vehicle. Many states make texting while driving a primary offense (allowing a law enforcement officer to stop and cite a driver solely for such an offense).
On March 31, 2010, U.S. Department of Transportation Secretary Ray LaHood announced a proposed rule banning texting by interstate truckers and commercial bus drivers. Citing research by the Federal Motor Carrier Safety Administration, Mr. LaHood explained that “drivers who send and receive text messages take their eyes off the road for an average of 4.6 seconds out of every 6 seconds while texting. At 55 miles per hour, this means that the driver is traveling the length of a football field, including the end zones, without looking at the road.”
Potential Effects of the Proposed Rule
The new rule represents a uniform ban that will cover drivers of 15 million commercial trucks (which includes 2.2 million tractor-trailers) and 800,000 charter and school buses that travel U.S. roads. FMCSA data indicates that motorists who text while driving are over 20 times more likely to be in an accident than those who do not.
As, such, the rule is also a safety measure aimed at protecting people in passenger cars. Because of their sheer size, trucks and buses are more likely to cause severe (if not fatal) injuries.
The proposed rule can further be viewed as a legislative response to a growing culture shift analogous to the response towards drinking and driving. However, interpretation and enforcement may present problems. Legal experts differ as to whether the ban applies to using other smart phone applications such as Facebook updates, playing games and sending emails while driving. Questions also abound as to whether drivers must produce their phones to law enforcement officers if they are stopped.
Similarities to Current State Laws
With a federal restriction on texting, the rule would apply to all commercial vehicles engaged in interstate commerce, regardless of whether a state law applies. The Department of Transportation also proposed that commercial drivers may be sanctioned or disqualified for violations of state laws that prohibit texting. The Department may exercise its rulemaking power to require states to disqualify drivers for such violations.
If you have questions about the proposed rule or Maryland’s texting while driving law, contact an attorney.
