The Federal Motor Carrier Safety Administration is proposing to toughen the punishment for texting while driving.

Under the proposal, commercial drivers caught texting can be disqualified from driving, on top of the hefty fines that are now in place.

The proposal spells out the agency's thinking on the texting ban that it established in January, filling in details that could not be addressed in that earlier format.

The ban will cover about 7 million commercial interstate drivers of trucks and other vehicles ranging from 10,001 gross weight rating up to Class 8 trucks rated at more than 26,001 pounds. Within this group are some 4.2 million drivers with commercial licenses. The fines and disqualifications would apply to both groups, but the agency also is proposing to add state or local anti-texting laws to the list of serious traffic violations that can trigger disqualification for CDL drivers.

The first texting offense, and each subsequent offense, would lead to a fine of up to $2,750. If a driver commits a second offense within three years he would be disqualified for at least 60 days. Three offenses within three years would lead to a 120-day disqualification.

The Case Against Texting

The Department of Transportation is moving aggressively against texting because it is highly risky and it has grown dramatically. Drivers who are texting are 23.2 times more likely to get into a crash than those who are not, according to recent research. There is no data yet on how many drivers are texting but the wireless industry has reported a 2,200 percent increase in texting over five years.

FMCSA believes that an explicit federal prohibition is needed to prevent texting among commercial drivers from becoming a widespread safety problem.

The agency said in its proposal that the trucking industry is on board with this approach, citing support by American Trucking Associations for a ban on texting and the use of handheld devices while driving. It also noted that many trucking companies do not allow drivers to operate any electronic devices when the truck is moving. In an ATA survey of fleets, 67 percent of respondents said their policies restrict the use of portable electronic devices while driving.

The agency added that its proposal should not be seen as a move to prohibit the use of onboard technology such as electronic dispatching or fleet management systems, or of cell phones for uses other than texting. It will take up these issues in separate rulemakings, the agency said.

But the agency added that safety-conscious fleet managers should not allow or require their drivers to type or read messages while driving. "To the extent that there are fleets that require drivers to type and read messages while they are driving, the Agency will consider appropriate regulatory action to address the safety problem."

The proposal can be viewed online either at the Federal Register when it is published or immediately at a new site called Regulation Room (www.regulationroom.org). Regulation Room, which the Department of Transportation is offering in cooperation with the Cornell eRulemaking Initiative, offers a plain-language explanation of the rule and a link for commentary. Comments filed here will be submitted to the official record. Comments are due by May 3, 2010.