Texting while driving could lead to nonjudicial punishment

  • Published
  • 100th Air Refueling Wing Legal Office
RAF MILDENHALL, England --  We're all aware it's unlawful to talk on one's cell phone while driving on or off base, but were you aware it is unlawful to text message while driving? 

Mildenhall Instruction 31-204 states, "Anyone using a mobile telephone or any other distracting communications device while operating a motor vehicle on roadways or in any traffic environment will be guilty of an offense". Although texting is not specifically mentioned, clearly the act of texting is encompassed in the language, "... using a mobile telephone or other distracting device." 

One of President Obama's latest executive order titled "Federal Leadership on Reducing Text Messaging While Driving" provides further guidance by specifically prohibiting federal employees from text messaging while driving a GOV, or when driving a POV while on official government business. 

The order expressly addresses the dangers of text messaging while driving. Although the perils of texting while driving are obvious, many people recklessly assume the risk. President Obama's order aims to stop this assumption of risk and proclaims a federal government-wide prohibition on text messaging while driving will help save lives and reduce injuries. 

The order defines "texting" or "text messaging" as reading from or entering data into any handheld or other electronic device, including for the purpose of SMS texting, e-mailing, instant messaging, obtaining navigational information or engaging in any other form of electronic data retrieval or electronic data communication." 

According to President Obama's order, texting is not merely entering data into a cellular phone, but also includes reading from a satellite navigational device.
Agencies have 90 days to take measures to both implement the order, and take steps to ensure compliance with the ban on text messaging, including disciplinary action for violations. 

Following the directives set out by the executive order, Mildenhall Instruction 31-204 is currently being rewritten to include language specifically prohibiting texting while driving. 

President Obama's order, and the revised Mildenhall instruction, clarifies already existing law: it is illegal to text message while driving. Failure to comply is a violation of Article 92, UCMJ; and if caught you could face nonjudical punishment under Article 15, UCMJ. Remember also, it is illegal to text message while driving off base here in the UK as well. 

Legalities aside, text messaging while driving is dangerous, no two ways about it. As President Obama stated in his Order, "a prohibition on the use of text messaging while driving ... will save lives." 

People are our most precious asset. We cannot afford to lose a single person due to distracted driving.