On January 26, 2010, the United States Department of Transportation (DOT) issued a federal ban on text messaging while driving.  The federal ban, aimed at increasing road safety, applies to interstate truck drivers and commercial bus and van drivers who carry more than eight passengers.  While the ban does not address how it will be enforced, any truck or bus driver who texts while driving may be subject to both civil and criminal penalties as well as fines up to $2,750.00. 

The Federal Ban is a byproduct of a nationwide movement to eliminate the use of smart phones and other handheld devices while an individual is operating a motor vehicle.  The DOT ban follows an executive order signed by President Barack Obama which directed federal employees to refrain from text messaging while driving government-owned vehicles.  Federal employees were required to comply with the ban beginning on December 30, 2009.  

While the DOT's ban on texting while driving is the beginning of a national movement to curve or prohibit the use of cell phones while driving, issues still remain.  Employers may face increased civil and worker compensation claims when their employees are involved in accidents because of being distracted by test messaging while driving.  Employers, especially those whose business uses a dispatch system to communicate to their drivers, are encouraged to implement policies to anticipate and prevent potential harmful situations.  For more information regarding, or for assistance in developing, employment policies relating to text messaging, please contact Mark Koerner at (517) 886-7176, or via email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .