Common use of TEXT MESSAGING WHILE DRIVING Clause in Contracts

TEXT MESSAGING WHILE DRIVING. (a) Pursuant to Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009, the Contractor is encouraged to: (1) Adopt and enforce policies that ban text messaging while driving in Contractor-owned or rented vehicles or, if applicable, Authority-owned vehicles; or while driving privately-owned vehicles when performing any Work for or on behalf of the Authority. (2) Conduct initiatives in a manner commensurate with the size of the business, such as, (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. For purposes of this paragraph, the phrase “text messaging” means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data com- munication operating a motor vehicle on an active roadway with the motor running, including while temporarily sta- tionary because of traffic, a traffic light, stop sign, or otherwise; it does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary.