Business Survival Tip - Driving Distractions

Texting while driving a commercial vehicle is now illegal.

Listen Now

This text will be replaced

Extras:

Download Transcript
Carl Kleimann
Episode: 028
February 03, 2010

Summary:

Commercial drivers are the topic of several new driving laws related to distracted driving. As an employer, you could be liable for your drivers’ mistakes. Carl Kleimann explains critical details you need to know.

Full Interview text

Carl: Hello business owners this is Carl Kleimann from Odyssey One Source with another Business Survival Tip. U.S. Transportation Secretary Ray LaHood announced this week a Federal ban on texting for drivers of commercial vehicles. This ban became effective immediately and violators may be subject to civil or criminal penalties of up to $2,750.

This action is the latest in a series at both the Federal and State level to address Distracted Driving. 19 States have already banned texting while driving and 6 states have banned talking on handheld cell phones while driving. Thus far, Texas has only banned texting and handheld cell phone use for novice drivers during their first year of driving. A complete list of state laws on this subject can be found here. The research makes it clear that distracted driving is deadly and authorities have vowed to continue the fight against it.

If you have employees that operate a vehicle in the course of their employment, you should consider adopting and enforcing a policy that prohibits distracted driving. Employers are commonly held liable for the actions of their employees while driving on the job. That means that you could be sued if one of your employees has an auto accident while working. The fact that your company has and enforces a policy against distracted driving will not only reduce the risk of such an accident but will also serve as a key element of your defense if you are sued.

Developing such a policy should begin with a review of the applicable State and Federal law. Your policy should be at least as restrictive as the law. As an employer, you are free to set more a more restrictive policy. For example, if you wish to prohibit cell phone use altogether, you are free to do so. Just remember, having a policy is useless unless you enforce it. And as always, you must enforce it in a non-discriminatory manner.

I am Carl Kleimann and this has been another Business Survival Tip by Odyssey One Source, ranked as the number one Professional Employer Organization three years running by the Black Book of Outsourcing. For more information on this and other issues affecting employers, please visit www.odysseyonesource.com.