26.603 Definitions
Source: FAR 26.603 on acquisition.gov
FAR 26.603 defines "driving" and "text messaging" to clarify the scope of contractor policies banning text messaging while driving on government business.
Overview
FAR 26.603 provides definitions for key terms used in Subpart 26.6, which addresses contractor policies to ban text messaging while driving. The section clarifies what constitutes "driving" and "text messaging" for the purposes of compliance, ensuring that contractors understand the specific behaviors covered by the regulation. These definitions are critical for interpreting the requirements and obligations related to safe driving practices under government contracts.
Key Rules
- Driving
- Defined as operating a motor vehicle on an active roadway with the engine running, including temporary stops due to traffic or signals. It excludes situations where the vehicle is safely pulled over and stationary off the active roadway.
- Text Messaging
- Encompasses reading from or entering data into any handheld or electronic device for communication or data retrieval while driving. It excludes glancing at or listening to a navigation device secured in a holder, provided programming occurs before driving or while safely parked off the roadway.
Responsibilities
- Contracting Officers: Ensure contractors are aware of and comply with the definitions when implementing policies to ban text messaging while driving.
- Contractors: Develop and enforce policies that align with these definitions to prevent prohibited behaviors.
- Agencies: Oversee contractor compliance and clarify definitions as needed.
Practical Implications
- These definitions establish the scope of prohibited activities, helping contractors create clear, enforceable policies. Misunderstanding these terms could lead to noncompliance, so precise adherence is essential for both safety and regulatory reasons.
As used in this subpart-
Driving-
(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.
(2) 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.
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 communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park.