CFR > Title 49 - Transportation > SUBTITLE B—Other Regulations Relating to Transportation > CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION (Parts 300–399) > SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS (Parts 350–399) > PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES > SUBPART H—Limiting the Use of Electronic Devices (§392.80 to §392.80) > 392.80—Prohibition against texting.

392.80—Prohibition against texting.

(a) Prohibition. No driver shall engage in texting while driving.
(b) Motor Carriers. No motor carrier shall allow or require its drivers to engage in texting while driving.
(c) Definition. For the purpose of this section only, 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. Driving does not include operating a commercial motor vehicle with or without the motor running when the driver moved the vehicle to the side of, or off, a highway, as defined in 49 CFR 390.5, and halted in a location where the vehicle can safely remain stationary.
(d) Exceptions. (1) School bus operations and vehicles designed or used to transport 9 to 15 passengers, including the driver, not for direct compensation. The provisions of § 390.3(f)(1) and (6) are not applicable to this section.
(2) Emergency Use. Texting while driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.
[75 FR 59136, Sept. 27, 2010]