FAR 26.604—Policy.
Plain-English Summary
FAR 26.604 states the Government’s policy on distracted driving by encouraging agencies to require or promote contractor and subcontractor policies that prohibit text messaging while driving. The section specifically covers two driving situations: use of company-owned or rented vehicles and Government-owned vehicles, and use of privately owned vehicles when the driver is on official Government business or performing any work for or on behalf of the Government. Its purpose is preventive and safety-oriented: to reduce accidents, injuries, liability exposure, and performance disruptions associated with texting while driving. In practice, this means contracting personnel should treat the rule as a policy expectation that can be flowed down through contractor management practices, safety programs, and workplace conduct standards, even though the text itself uses the word “encourage” rather than imposing a direct prohibition in the regulation. Contractors and subcontractors should understand that the Government expects them to adopt and enforce internal bans covering the specified driving contexts, especially where employees are performing contract-related duties.
Key Rules
Encourage anti-texting policies
Agencies are directed to encourage contractors and subcontractors to adopt and enforce policies banning text messaging while driving. The regulation is framed as a policy directive to agencies, not a direct mandatory prohibition on contractors in the text of this section.
Covers company and Government vehicles
The ban applies when driving company-owned or rented vehicles and Government-owned vehicles. This captures vehicles used in the course of contract performance regardless of who owns them.
Covers private vehicles on official business
The policy also applies to privately owned vehicles when the driver is on official Government business or performing any work for or on behalf of the Government. Ownership of the vehicle does not remove the safety expectation when the driving is work-related.
Applies to contractors and subcontractors
The section expressly includes both contractors and subcontractors. Agencies should therefore expect prime contractors to communicate the policy expectation down the supply chain where relevant to performance.
Focus on text messaging while driving
The specific prohibited conduct is text messaging while driving, not all cell phone use. However, agencies and contractors may choose broader distracted-driving rules in their internal policies.
Responsibilities
Agencies
Encourage contractors and subcontractors to adopt and enforce policies banning text messaging while driving in the covered vehicle and work situations. Agencies should incorporate the policy expectation into contract administration, safety messaging, and oversight where appropriate.
Contractors
Adopt and enforce internal policies that prohibit text messaging while driving in company-owned or rented vehicles, Government-owned vehicles, and privately owned vehicles used on official Government business or for work on behalf of the Government. Contractors should train employees and supervisors and ensure compliance.
Subcontractors
Adopt and enforce comparable anti-texting-while-driving policies for personnel performing subcontract work in the covered circumstances. Subcontractors should align their practices with the prime contractor’s and agency’s safety expectations.
Drivers/Employees performing Government work
Comply with employer policies and avoid text messaging while driving whenever operating a covered vehicle or driving in connection with official Government business or work for the Government.
Practical Implications
This section is a safety and compliance expectation that should show up in contractor policies, employee handbooks, training, and workplace rules, especially for field staff, delivery personnel, inspectors, and anyone traveling for contract performance.
A common pitfall is assuming the rule only applies to Government-owned vehicles; it also applies to company vehicles and private vehicles used for Government work.
Another frequent mistake is treating the policy as optional because the regulation says agencies shall encourage contractors rather than directly command them; in practice, agencies may still expect visible contractor compliance as part of responsible performance.
Contractors should consider whether to broaden the policy beyond texting to cover handheld phone use or other distracted-driving behaviors, since the FAR section sets a minimum safety baseline rather than a maximum standard.
Contracting officers and program staff should be alert to whether contract performance involves driving and whether contractor safety policies are adequate, especially where travel, transportation, or mobile field work is a material part of performance.
Official Regulatory Text
Agencies shall encourage contractors and subcontractors to adopt and enforce policies that ban text messaging while driving- (a) Company-owned or rented vehicles or Government-owned vehicles; or (b) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.