Recent studies show that people who are reading or writing text messages while driving are 23 times more likely to crash. And most people agree that restricting the use of technology for sending and receiving text messages, emails, and other similar communications while driving makes sense. It is simply too dangerous.

Effective Dec. 1, 2009, it will be unlawful to drive a motor vehicle and use a mobile telephone or other similar digital technology for email, texting, access to the Internet or games in North Carolina.

This law is important, but employers need to go further.

As a business matter, we often need our employees to be accessible while out of the office. Email and/or texting are one easy way to stay in touch. However, safety requires more concentration to driving.

The concern for employers is potential liability. Let’s put that in plain English. If one of your employees should crash and cause damage while reading or sending a business-related text message, you could be in for a big law suit. And you could lose.

You can take preliminary steps toward protecting yourself with a comprehensive written policy which addresses the use of electronic communications while driving on behalf of your company. After the policy is adopted by you, the employer, the policy should be properly communicated to all of your employees and consistently enforced.

If you have questions or would like us to help you to create and enforce a policy to cover the new law, please contact us.

We’ve all seen the headlines: “Driver in fatal crash was text messaging.” Reading or sending text messages on cell phone while driving is a dangerous practice, and as of December 1, 2009, an illegal one in North Carolina.

Effective on that date, it will be unlawful to drive a motor vehicle and use a mobile telephone or other similar digital technology for email, texting, access to the Internet or games in North Carolina.

Driving while texting (DWT) is a topic drawing much debate. A recent article in the Wall Street Journal http://online.wsj.com/article/SB10001424052970203278404574415053448975972.html sets out many of the concerns and issues. It is not only a State issue — the Federal government wants to be in on the debate as well.

The North Carolina law sets forth limitations as to what type of electronic information is or is not allowed while driving. The law makes it unlawful to
• Manually enter multiple letters or text as a means of communicating with another person; or
• Read any electronic mail or text message sent or stored;
• However, this limitation does not apply to any name or number stored in the mobile telephone or other digital device nor to any caller identification information.

Thankfully, the prohibitions of this law do not apply if your motor vehicle is parked or stopped. This raises the question as to whether you can text and email while your vehicle is stopped at a traffic sign or traffic light. The law also is not applicable to emergency personnel. The law does allow the use of global positioning systems or wireless communication devices used to send or receive data as part of a digital dispatch system. The law also allows the use of voice operated technology which will grow in popularity.

If you have employees, and if they sometimes drive in the course of business, you’re going to need an employment policy on distracted driving. We’ll discuss that in our next blog post.

The Federal Trade Commission (FTC) has issued regulations which require financial institutions and creditor’s to develop and implement a written plan to prevent identity theft. Part of the goal of the FTC is to have businesses detect, prevent and mitigate identity theft. The new regulations become effective August 1, 2009.

As stated by the FTC, “a creditor is any entity that regularly extends, renews or continues credit;” (FTC web site http://www.ftc.gov/bcp/edu/pubs/business/alerts/alt050.shtm)

As required by the new FTC regulations, business must have a written plan to address the identity theft issues. The written plan must identify and detect warning signs for identity theft. As provided by the FTC, the warning signs may include but certainly are not limited to unusual account activity, attempted use of suspicious account application documents, notices from customers who are victims of identity theft, use of suspicious addresses, social security numbers, etc.

The primary goal for business owners is to determine whether your business is required to have a written policy. If you are required to have a written policy, now is a great time to develop and implement the policy. Please feel free to contact us if you have questions.