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U.S. Master™ Wage-Hour Guide, 2009 Edition
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LABOR & EMPLOYMENT LAW — 02/04/10

DOT bars drivers of commercial vehicles from texting while driving

Effective January 27, 2010, truck and bus drivers who text while driving commercial vehicles may be subject to civil or criminal penalties of up to $2,750. A Transportation Department regulatory guidance issued last week in the Federal Register expressly prohibits texting by drivers of commercial vehicles such as large trucks and buses. (The guidance can be found at http://hr.cch.com/cases/FMCSA.PDF.) The guidance is the result of the DOT’s interpretation of standing rules and is the latest in a series of actions taken by the agency to combat distracted driving since Secretary Ray LaHood convened a national summit on the issue last September. The Federal Motor Carrier Safety Administration (FMCSA) is also working on additional regulatory measures that will be announced in the coming months. (President Obama signed an Executive Order banning federal employees from text messaging while driving government-owned vehicles. The federal employee ban took effect on December 30, 2009.) FMCSA research shows that drivers who text while driving are more than 20 times more likely to get into an accident than nondistracted drivers.

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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