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news | DOT Targeting Drivers Who Text
EMPLOYERS BEWARE: DOT TARGETING DRIVERS WHO TEXT
Recently, the Federal government has made a concerted effort to curb the use of electronic devices while operating a motor vehicle. On January 26, 2010, the U.S. Department of Transportation (DOT) announced a ban on texting while driving for operators of commercial vehicles who are subject to DOT regulations. Vehicles subject to this ban include commercial trucks, buses and vans. If drivers are found violating the new initiative they may be subject to a fine of up to $2,750.
In an attempt to further promote vehicular safety, President Barrack Obama issued an executive order banning federal employees from texting while operating government-owned vehicles. The executive order took effect on December 30, 2009. Currently, seventeen states throughout the United States and the District of Columbia have adopted legislation to prevent texting while driving. These states include Alaska, Arkansas, California, Colorado, Connecticut, Illinois, Louisiana, Maryland, Minnesota, New Hampshire, New Jersey, North Carolina, Oregon, Tennessee, Utah, Virginia and Washington. Six states including the District of Columbia have banned the use of hand-held cell phones while driving altogether; California, Connecticut, New Jersey, New York, Oregon and Washington.
A study conducted by the Federal Motor Carrier Safety Administration (FMCSA) determined that a person who texts while driving takes their eyes off the road for an average of 4.6 seconds out of every 6 seconds. Another study performed by the Virginia Tech Transportation Institute concluded that a person who texts while driving is about 23 times more likely to get into an accident. Studies have also shown that operating other forms of electronic devices while driving also poses a considerable risk. Drivers that use hand-held cell phones, MP3 players, laptop computers or GPS units have a significantly greater risk of getting into an accident.
Employers whose employees drive company vehicles are well advised to develop policies designed to comply with federal and state laws regarding the use of electronic devices while driving. Indeed, employees who are required to drive on the job, even in their own vehicles, may also pose the same risk of liability to their employer and companies may want to regulate their driving conduct as well. Well crafted policies that are enforced can help to minimize the risk that the employer may be held vicariously liable for accidents caused by employees. If you would like help creating such policies, please give us a call at (908) 735-2377 or contact us online.
2/6/2010