What does the texting-while-driving prohibition cover under 49 CFR 392.80?

Short answer

The texting-while-driving prohibition under 49 CFR 392.80 covers drivers of commercial motor vehicles, prohibiting them from engaging in texting while driving, with an exception for emergency situations.

The rule says

"No driver shall engage in texting while driving." (49 CFR 392.80(a))

"Driving means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays." (49 CFR 392.80(c))

"Texting while driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services." (49 CFR 392.80(d))

In plain English

This rule is straightforward: commercial motor vehicle drivers cannot text and drive at the same time. The definition of "driving" includes temporary stops due to traffic or traffic control devices, but does not include parking or stopping in a safe location. There is an exception for emergency situations, such as contacting law enforcement or emergency services. Inspectors will check for compliance with this rule during audits and roadside inspections.

What to do

• Develop a company policy prohibiting texting while driving for all commercial motor vehicle drivers.
• Train drivers on the risks of distracted driving and the importance of complying with the texting-while-driving prohibition.
• Implement measures to monitor and enforce compliance, such as using telematics or conducting regular road checks.
• Ensure that all drivers understand the emergency exception and know how to contact law enforcement or emergency services if necessary.