Texting

Scope

This regulation applies to drivers of CMVs in interstate commerce and the motor carriers of these drivers.

Regulatory citations

• 49 CFR 392.80 — Prohibition against texting

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity which requires placarding.

• Electronic device: Includes (but is not limited to) a:
  • Cellular telephone;
  • Personal digital assistant;
  • Pager;
  • Computer; or
  • Any other device used to input, write, send, receive, or read text.

• Texting: Manually entering letters or numbers into, or reading text from an electronic device. This includes (but is not limited to):
  • Short message service,
  • E-mailing,
  • Instant messaging,
  • A command or request to access a World Wide Web page,
  • Pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or
  • Engaging in any other form of electronic text retrieval or electronic text entry for present or future communication.

Texting does not include:

• Inputting, selecting, or reading information on a global positioning system or navigation system;
• Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or
• Using a device capable of performing multiple functions (fleet management systems, dispatching devices, smart phones, Citizens Band Radios, music players, etc.) for a purpose that is not otherwise prohibited in Part 392.

Summary of requirements

A driver must not engage in texting while driving and a motor carrier must not allow or require its drivers to engage in texting while driving.

Driving means operating a CMV, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays.

Driving does not include operating a CMV with or without the motor running when the driver moved the vehicle to the side of, or off, a highway as defined in §390.5, and halted in a location where the vehicle can safely remain stationary.

Exceptions. Texting while driving is allowed when necessary to communicate with law enforcement officials or other emergency services.