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Wisconsin Act 220--Banning Texting While Driving: Ramifications for Employers
Wisconsin's law banning texting while driving went into effect on December 1, 2010. When AB 496, referred to as the anti-texting law, was passed on May 5, 2010, Wisconsin became the 25th state to outlaw texting while behind the wheel. The new law makes writing and transmitting of messages illegal; however, as of now, it's still okay to read an incoming text or surf the internet. The law also only applies when the vehicle is moving. The law does not apply to operators of authorized emergency vehicles. In Wisconsin, the texting ban is a primary offense. That means police can stop someone for texting instead of first having to pull them over for another offense, such as speeding. Speaking on a cell phone while behind the wheel remains legal. Fines. First-time violators of Wisconsin's new law will face fines of $20 to $400 and will have four points assessed on their driving records. Second-time violators face fines of $200 to $800. Under the January 26, 2010 guidance issued by the federal Department of Transportation that prohibits texting while driving trucks, buses or any other commercial vehicle, truck and bus drivers who text while driving commercial vehicles may be subject to civil or criminal penalties of up to $2,750. For those instances that don't fall under the texting part of the law, police departments anticipate giving tickets for inattentive driving. Further, there will be little chance to dispute the charge and, even if you want to dispute it, the driver's phone records will likely provide evidence contrary to the driver's claim. Distracted Driving Policy.
Employers should change any work policy or practice that requires or encourages workers to text while driving and they should eliminate financial or other incentives that encourage workers to text while driving. Employers who require their employees to text while driving-or who organize work so that doing so is a practical necessity even if not a formal requirement, will be considered in violation of the OSH Act.
