FAR 26.603—Definitions.
Plain-English Summary
FAR 26.603 defines the key terms used in this subpart so agencies, contracting officers, and contractors apply the same meaning when enforcing restrictions on distracted driving in connection with federal contracting. The section specifically defines "driving" and "text messaging," including when a vehicle is considered to be in motion for purposes of the rule and what kinds of electronic device use count as text messaging. It also explains an important exception for using a navigation device that is secured in a commercially designed holder, as long as the destination and route are programmed before driving or while safely parked off the roadway. In practice, these definitions matter because they determine when a contractor’s employee is covered by the subpart’s prohibitions and when conduct is outside the rule. Clear definitions reduce ambiguity in enforcement, help contractors train employees, and give contracting officers a consistent standard for compliance and contract administration.
Key Rules
Driving includes roadway operation
"Driving" means operating a motor vehicle on an active roadway with the motor running. The definition also covers brief stops caused by traffic conditions, such as a traffic light, stop sign, or congestion, so a vehicle is still considered to be driving during those temporary pauses.
Pulled-over vehicles are excluded
A person is not "driving" when the vehicle has been pulled over to the side of, or off, an active roadway and is halted in a location where it can safely remain stationary. This exclusion matters because it removes safely parked or stopped vehicles from the definition used in the subpart.
Text messaging is broadly defined
"Text messaging" includes reading from or entering data into any handheld or other electronic device. The definition covers SMS texting, e-mailing, instant messaging, obtaining navigational information, and any other form of electronic data retrieval or electronic data communication.
Navigation device exception
The term "text messaging" does not include glancing at or listening to a navigation device that is secured in a commercially designed holder affixed to the vehicle. This exception applies only if the destination and route are programmed into the device before driving or while the vehicle is safely and legally parked off the roadway.
Device use is judged by function and context
Whether conduct is covered depends on what the person is doing with the device and whether the vehicle is on an active roadway. Even non-SMS activities can count as text messaging if they involve reading or entering electronic data on a handheld or other electronic device.
Responsibilities
Contracting Officer
Apply these definitions consistently when administering the subpart and evaluating contractor compliance. Use the definitions to determine whether reported conduct falls within the prohibited activity and to support any compliance or enforcement actions.
Contractor
Train employees and subcontractor personnel on what counts as driving and text messaging under this subpart. Ensure company policies reflect the broad definition of text messaging and the limited navigation-device exception, and prevent covered personnel from using handheld devices while driving.
Agency
Implement and communicate the subpart’s requirements in procurement and contract administration practices. Ensure internal guidance, training, and oversight align with the defined terms so the rule is applied uniformly across contracts.
Employees/Drivers
Avoid reading from or entering data into handheld or other electronic devices while driving on an active roadway. Use navigation devices only within the narrow exception and only when the device is properly mounted and programmed under the stated conditions.
Practical Implications
The definition of driving is broader than many people assume: a vehicle stopped at a light or in traffic is still considered driving, so device use during those moments can still violate the rule.
Text messaging is not limited to SMS. E-mail, instant messaging, navigation entry, and other electronic data entry or retrieval can all be covered, which makes the rule much broader than casual users may expect.
The navigation exception is narrow and conditional. A phone in a hand or a device not secured in a proper holder does not qualify, and route entry must occur before driving or while safely parked off the roadway.
Contractors should build training around real-world scenarios, such as stop-and-go traffic, curbside stops, and GPS programming, because those are common compliance pitfalls.
Contracting officers and compliance staff should focus on both the vehicle status and the device activity when assessing possible violations, since either element can determine whether the subpart applies.
Official Regulatory Text
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.