- Cities Across the Nation are banning texting and driving all together.
- Federal Motor Carrier Safety Administration has banned drivers of commercial motor vehicles from texting.
- Texting means manually entering text into, and/or reading text from an electronic device.
- There are harsh fines and penalties for those commercial motor vehicle drivers caught texting and driving.
- Texting and Driving is dangerous for everyone.
Cities Take Action Against Texting and Driving
Cities all over the nation have implemented proactive regulations that limit a driver’s ability to text while driving. Some cities have outlawed texting and driving in certain locations, while others have outlawed texting and driving completely. For example, Austin and San Antonio, Texas have recently banned texting and driving completely.
Federal Motor Carrier Safety Administration (FMCSA) Bans Texting for Commercial Drivers
Not only are cities taking proactive measures, the Federal Government has banned texting while driving commercial motor vehicles – i.e. truck and bus drivers. The Federal Government has conducted studies that show commercial vehicle drivers are 23.2 times more likely to be involved in a safety-critical event than non-commercial drivers. On average, drivers take their eyes off the road 4.6 seconds each time they text, which equates to drivers driving the distance of a football field without watching the road in front of them. For that reason, the Federal Government took it upon itself to ban texting and driving for commercial vehicle drivers.
What is Considered Texting?
Laws on texting and driving first originated as a result of cellular telephones. However, to the FMCSA “texting” means manually entering text into, or reading from, an electronic device. Therefore, the Federal regulation that bans texting and driving does not limit texting to cell phones. Further, it is not limited to a traditional short message services. It can include many things, including e-mail, instant messaging, web-browsing, and other phone use.
Penalties for Violating FMCSA’s Ban on Texting and Driving
Just as different municipalities have implemented their own punishments for texting and driving, the Federal Government has imposed heavy fines and penalties for those texting and driving in violation of the ban. For drivers caught texting while operating a commercial motor vehicle, fines can reach up to $2,750. Further, an employer who requires or allows the use of hand-held communication devices for texting while driving can be fined up to $11,000. Additionally, drivers who are convicted of texting while driving on multiple occasions may be disqualified from driving another commercial motor vehicle.
Written by*:
Jorge Mares
WATTS GUERRA, LLP
4 Dominion Drive, Bldg. 3, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500
*This information is provided to supply relevant information concerning texting and driving, and should not be received as legal advice. Legal advice is only given to persons or entities with whom Watts Guerra LLP has established an attorney-client relationship. Available remedies vary from case to case and depend on the underlying facts of each. If you have another lawyer, you should consult with your own attorney, and rely upon his or her advice, rather than the information contained herein.
© Watts Guerra LLP 2015
