On March 31, 2010, U.S. Transportation Secretary Ray LaHood announced a notice of proposed rulemaking (NPRM) to prohibit texting from electronic devices by commercial motor vehicle (CMV) drivers while driving in interstate commerce and to impose sanctions, including civil penalties and disqualification from operating CMVs in interstate commerce, for drivers who fail to comply with the rule.
Going further than the regulatory guidance announced in January 2010, this proposed federal rule would make permanent the ban on texting by interstate commercial truck and bus drivers. The first texting offense, and each subsequent offense, would lead to a fine of up to $2,750. If a driver commits a second offense within three years he would be disqualified for at least 60 days. Three offenses within three years would lead to a 120-day disqualification.
During the second Distracted Driving Summit, held Sept. 21, 2010 Secretary LaHood announced the texting NPRM was now a Final Rule and that the “law of the land” now prohibits all interstate CMV operators from texting while driving. He also announced an NPRM to prohibit hazardous materials haulers from texting while driving. While interstate hazmat haulers are already covered by the final rule, this additional effort is intended to cast a wider enforcement net to also cover intrastate hazmat haulers who are under the jurisdiction of the Pipeline and Hazardous Materials Safety Administration (FMCSA does not have jurisdiction over intrastate CMV operators).