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It is not a simple thing for police to enforce the new federal ban on texting. The fact is, a patrolman at automobile level cannot see for sure what a driver is doing in a truck cab above him. That's only one of several concerns the enforcement community has about the guidance issued last month by the Federal Motor Carrier Safety Administration.

But drivers and carriers should be aware that the policy does have teeth.

"I feel confident that should a driver have a collision involving texting, that they can expect the maximum fine the first time from FMCSA," said Capt. Dan Meyer of the Kansas Highway Patrol. "I feel 100 percent confident in that statement."

The fine can go up to $2,750, and criminal penalties can apply as well. "Texting can be a criminal violation if it precipitates a fatal or injury crash," FMCSA Administrator Anne Ferro said when the ban was announced.

Carriers can expect police to subpoena a driver's cell phone to see if he was texting at the time of the crash, said Steve Keppler, interim executive director of the Commercial Vehicle Safety Alliance, which represents the enforcement community.

Read the full story at: truckinginfo.com

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