News & Information

 

FEATURED PRODUCT

U.S. Master™ Wage-Hour Guide, 2009 Edition
Presents a first approach to the broad and complex controls under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and other statutes regulating employee wages and hours.

Learn More »

LABOR & EMPLOYMENT LAW — 02/24/10

New sample bill to aid states in banning texting while driving

On February 22, 2010, Secretary of Transportation Ray LaHood unveiled sample legislation for states to use as a starting point when crafting new laws to prohibit texting while driving, the latest step in the federal agency’s campaign against distracted driving. The sample legislation can be found at: http://www.nhtsa.gov/staticfiles/DOT/NHTSA/
Rulemaking/Texting_Law_021910.pdf.

The sample state law, prepared by the National Highway Traffic Safety Administration (NHTSA) and a cross-section of safety and industry organizations, would authorize law enforcement officers to stop a vehicle and issue a citation to drivers who are texting while driving.

“Texting while driving, like talking on cell phones while driving, is an extremely dangerous and life-threatening practice,” said Secretary LaHood. “This language, which we created with a variety of safety organizations, is another powerful tool in our arsenal to help the states combat this serious threat.”

There is heightened concern about the risks of texting while driving because texting combines three types of distraction - visual, taking the eyes off the road; manual, taking the hands off the wheel; and cognitive, taking the mind off the road. According to NHTSA research, nearly 6,000 people died in 2008 in crashes involving a distracted or inattentive driver, and more than half a million were injured. Research also shows that the most frequent offenders are the youngest and least-experienced drivers: men and women under 20 years of age. In January 2010, nonprofit group the National Safety Council (NSC) reported that 28 percent of all traffic crashes - or at least 1.6 million crashes each year - are caused by drivers using cell phones and texting. “This new estimate provides critical data for legislators, business leaders and individuals to evaluate the threat and need for legislation, business policies and personal actions to prevent cell phone use and texting while driving,” said Janet Froetscher, president and CEO of the National Safety Council.

“Our top priority is safety and we are determined to help the states eradicate the dangerous practice of texting while driving,” said David Strickland, Administrator for the NHTSA.

The sample state law is patterned on the Executive Order issued by President Obama on October 1, 2009, directing federal employees not to engage in text messaging while driving government-owned vehicles, when using electronic equipment supplied by the government or while driving privately owned vehicles when they are on official government business. The order also encourages federal contractors and others doing business with the government to adopt and enforce their own policies banning texting while driving on the job. Federal employees were required to comply with the ban starting December 30, 2009.

Secretary LaHood also announced federal guidance prohibiting texting by drivers of commercial vehicles such as large trucks and buses. 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. The guidance is the result of the Department of Transportation’s (DOT) 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 is also working on additional regulatory measures that will be announced in the coming months.

DOT recently launched a federal website, http://www.distraction.gov, as a forum and information clearinghouse. Distraction.gov is a source of comprehensive information on distracted driving.

Currently, nineteen states (Alaska, Arkansas, California, Colorado, Connecticut, Illinois, Louisiana, Maryland, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, Tennessee, Utah, Virginia and Washington) and the District of Columbia have texting laws covering all drivers. A ban on the use of hand-held devices while driving has been enacted in California, Connecticut, District of Columbia, New Jersey, New York, Oregon, Washington and the Virgin Islands. In 2009, more than 200 distracted driving bills were considered by state legislatures and legislative activity is expected to remain strong in 2010.

Private businesses are taking notice. On December 15, 2009, US automobile manufacturer Chrysler Group LLC announced that it had established a corporate policy prohibits texting while driving in order to promote safer driving behaviors. The new policy applies to texting while driving company-owned vehicles and texting with company-provided communication devices while driving personal vehicles.

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

Visit our News Library to read more news stories.