Posted On: September 21, 2010 by Finch McCranie, LLP

New Rules Ban Texting For Haz-Mat Drivers

Distracted driving is a major cause of collisions involving large trucks on the roadways of the United States. In a small step toward reducing distractions behind the wheel, the Obama administration proposed Tuesday to ban truck drivers from sending text messages while hauling hazardous materials.

The requirements would complement separate rules being finalized by the Transportation Department that prohibit commercial bus and truck drivers from sending text messages on the job and restrict train operators from using cell phones and mobile devices on duty.

Transportation Secretary Ray LaHood is issuing the plans today at a second summit on distracted driving, bringing together government leaders, safety advocates and business groups to discuss ways of keeping drivers' eyes on the road.

LaHood has pushed states to adopt tougher laws against sending text messages from behind the wheel and the federal government has prohibited federal employees from texting while driving on government business.

The proposed rule would close a loophole for hazardous material haulers. The Federal Motor Carrier Safety Administration does not have authority over most intrastate operators. But the federal agency overseeing hazardous materials covers all haz-mat truck drivers, so the rules would ensure that those operators would be barred from texting and using mobile devices.

The summit will highlight efforts by corporations to prevent employees from using mobile devices while driving on company business. According to a statement issued in advance of the summit, nearly 1,600 U.S. companies and organizations have adopted policies related to distracted driving, covering about 10.5 million workers.

Another 550 organizations, covering an additional 1.5 million workers, have pledged to create anti-distracted driving policies for their employees within the next year.

Nearly 5,500 people were killed in 2009 in distracted driving crashes, a 6 percent decline from the number killed in 2008. Safety advocates, however, contend that the numbers may not reflect the true nature of the distraction problem because many police reports don't document whether distraction was a factor in crashes.

Thirty states, including Georgia, and the District of Columbia prohibit drivers from texting behind the wheel; eight states have passed laws barring drivers from using handheld cell phones.