Overview
Subpart 26.6 implements Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," which aims to increase pedestrian and traffic safety. It mandates that government agencies encourage contractors to adopt and enforce formal policies prohibiting text messaging while driving during the performance of government work.
Key Rules
- Universal Applicability: This subpart applies to all solicitations and contracts, regardless of dollar value or the nature of the work.
- Strict Definition of "Driving": Driving is defined as operating a vehicle on an active roadway while the motor is running. This explicitly includes being temporarily stationary at traffic lights or stop signs. It only excludes situations where the driver has safely pulled off the road and halted the vehicle.
- Broad Definition of "Text Messaging": This includes reading from or entering data into any handheld device for SMS, emailing, instant messaging, or manual navigation entry. It excludes listening to or glancing at a navigation device that is secured in a holder and was programmed before driving.
- Scope of Vehicles: The policy covers:
- Company-owned or rented vehicles.
- Government-owned vehicles (GOVs).
- Privately-owned vehicles (POVs) when used for official government business or contract performance.
Responsibilities
- Contracting Officers (COs): Are required to insert FAR clause 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving, into every solicitation and contract.
- Federal Agencies: Must encourage both prime contractors and subcontractors to adopt and enforce workplace safety policies to decrease distracted driving.
- Contractors and Subcontractors: Are responsible for establishing internal policies, enforcing those policies among their employees, and (per the standard clause) conducting initiatives such as education and awareness programs about the dangers of texting while driving.
Practical Implications
- Compliance & Risk Management: Even though the language uses "encourage," the inclusion of the clause in all contracts means contractors should have a written policy in their employee handbook to demonstrate compliance. This mitigates corporate liability and aligns with federal safety standards.
- Flow-Down Requirement: Prime contractors must ensure this requirement flows down to subcontractors, ensuring the safety policy reaches all levels of the supply chain.
- Operational Constraints: Employees cannot program GPS coordinates or respond to "quick" work emails while stopped at a red light if they are on the clock or in a company vehicle; they must be fully pulled over in a safe location to perform these actions legally under the FAR definition.