IV. Regulations and Statutes
In response to the increased safety threat posed by electronic devices, numerous regulations and statutes have been passed prohibiting their use by drivers. As of July 2011, 34 states, the District of Columbia, and Guam had banned text messaging for all drivers.[i] Moreover, eight states, the District of Columbia, and the Virgin Islands had prohibited all drivers from using handheld cell phones while operating a vehicle.[ii]
There are other non-statutory sources of support, such as the previously cited statistics or even public campaign information created by the electronic device industry. Wireless phone providers such as AT&T and Verizon promote distracted driving prevention campaigns on their websites.[iii]
•A. Federal Regulations
The Federal Motor Carrier Safety Administration (FMCSA) has issued several regulations pertaining to the use of electronic devices by drivers of commercial motor vehicles. Specifically, these regulations prohibit commercial drivers from texting while driving.[iv] The regulations require that motor vehicles equipped with a "television viewer, screen, or other means of receiving a television broadcast shall have the viewer or screen located in the motor vehicle at a point to the rear of the back of the driver's seat if such viewer or screen is in the same compartment as the driver and the viewer or screen shall be located as not to be visible to the driver while he/she is driving the motor vehicle."[v] FMCSA regulations also require that "[every commercial motor vehicle must be operated in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated."[vi] Therefore, if a state or local jurisdiction has passed a law banning or limiting electronic device use, the commercial driver is required to follow that statute.
In late 2010, the FMCSA proposed the most far reaching distracted driving regulation to date that would prohibit commercial motor vehicle drivers from reaching for, holding or dialing mobile phones while driving.[vii] As of July 2011, the proposed rule had not been finalized.
•B. Texas Statutes
In Texas, Section 545.425 of the Texas Transportation Code is the only state distracted driving statute that exists:
•· Drivers under the age of 18 are prohibited from using wireless communications devices.
•· Learners permit holders are
•· School bus operators are prohibited
•· Drivers are prohibited from using
In 2011, the Texas Legislature considered several bills that would restrict handheld device use while driving. House Bill 242, included language that would prohibit a driver from reading, writing or sending a text-based communication while operating a motor vehicle, unless the vehicle is stopped.[viii] House Bill 242 was approved by both the Senate (28-3) and House (80-61) on May 29, 2011.[ix] To the chagrin of many, Governor Rick Perry vetoed the bill on June 17, 2011. Governor Perry called the bill an overreaching "government effort to micromanage the behavior of adults" and maintained "the keys to dissuading drivers of all ages from texting while driving are information and education."[x]
C. Local Statutes
A number of local municipalities have passed statutes addressing the use of electronic devices while driving. As noted above, these statutes would be incorporated into the FMCSA regulations that require commercial motor vehicle drivers to abide by local statutes when operating within the applicable jurisdiction. As of July 2011, the following local jurisdictions had taken action against distracted driving:
•· Amarillo has banned the use of electronic devices while driving
•· Stephenville has banned text messaging and handheld cell phone use while driving.[xi]
•· El Paso has banned texting and talking on cell phones while driving.
•· McAllen has banned text messaging and related internet activity while driving.
•· Alvin and Burnet have banned texting and cell phone use while driving through school zones.
San Antonio and Missouri City have banned texting while driving.
[i]. National Highway Traffic Safety Administration, State Laws on Distracted Driving (June 25, 2011), http://www.distraction.gov/state-laws/index.html.
[ii]. Id.
[iii]. AT&T, Dangers of Text Messaging and Driving (July 14, 2011), http://www.att.com/gen/press-room?pid=2964; Verizon, Please don't text and drive (July 15, 2011), http://aboutus.vzw.com/wirelessissues/driving.html.
[iv]. 49 C.F.R. § 392.80.
[v]. 49 C.F.R. § 393.8.
[vi]. 49 C.F.R. § 392.2.
[vii]. National Highway Traffic Safety Administration, U.S. DOT Proposes Rule to Ban Hand-Held Cell Phone Use for Commercial Truck and Bus Drivers (July 13, 2011), http://www.distraction.gov/for-media/2010/december/2010-12-19.html.
[viii]. (c-1) An operator may not use a hand-held wireless communication device to read, write, or send a text-based communication while operating a motor vehicle unless the vehicle is stopped.
[ix]. HandsFreeInfo.com, Texas: Cell phone laws, legislation (July 13, 2011), http://handsfreeinfo.com/texas-cell-phone-laws-legislation.
[x]. April Castro, Perry vetoes texting while driving bill, 22 others, Houston Chron., June 17, 2011.
[xi]. HandsFreeInfo.com, supra n. 28.
