FAR 52.226-8—Encouraging Contractor Policies to Ban Text Messaging While Driving.
Plain-English Summary
FAR 52.226-8 is a policy-oriented clause that addresses contractor efforts to prevent text messaging while driving. It defines two key terms—"driving" and "text messaging"—so contractors know exactly what conduct is covered, including when a vehicle is temporarily stopped in traffic and what counts as electronic data entry or retrieval, while also carving out a limited exception for using a navigational device secured in a proper holder under specified conditions. The clause explains that it implements Executive Order 13513, which promotes federal leadership in reducing texting while driving. In practical terms, the clause does not impose a direct prohibition on contractors in the same way a mandatory safety rule would; instead, it encourages contractors to adopt and enforce internal policies banning text messaging while driving in company-owned, rented, Government-owned, and certain privately owned vehicles used for Government work. It also encourages contractors to educate employees and tailor safety initiatives to the size of the business. Finally, it contains a flowdown requirement that makes the clause mandatory in subcontracts above the micro-purchase threshold, ensuring the policy message reaches lower-tier suppliers and subcontractors.
Key Rules
Definitions control scope
The clause precisely defines "driving" and "text messaging" so the policy applies to a broad range of roadway situations and electronic communications. Contractors should read these definitions broadly, because they include texting, emailing, instant messaging, and other electronic data retrieval or communication while the vehicle is on an active roadway.
Temporary stops still count
A person is considered driving even when temporarily stationary in traffic, at a light, or at a stop sign, as long as the vehicle is on an active roadway with the motor running. The only clear exclusion is when the vehicle is safely pulled over to the side of, or off, the roadway and the person is safely stationary.
Limited navigation exception
The clause excludes glancing at or listening to a navigation device that is secured in a commercially designed holder, if the destination and route were programmed before driving or while safely parked off the roadway. This exception is narrow and does not authorize general handheld device use while driving.
Policy adoption is encouraged, not mandated
The contractor is "encouraged" to adopt and enforce policies banning text messaging while driving in company-owned, rented, or Government-owned vehicles, and in privately owned vehicles used for official Government business or work for the Government. Although the clause uses encouragement language, it signals an expected best practice and a federal safety policy objective.
Training and outreach are expected
Contractors are encouraged to implement safety initiatives proportionate to business size, including new rules, program reviews, employee education, and awareness efforts. The clause recognizes that compliance efforts should be practical and scalable rather than one-size-fits-all.
Flowdown to subcontracts is required
The contractor must insert the substance of the clause, including paragraph (d), into all subcontracts exceeding the micro-purchase threshold. This ensures subcontractors receive the same policy message and are bound to pass it further down the supply chain where applicable.
Responsibilities
Contracting Officer
Include FAR 52.226-8 when prescribed by FAR 26.605 and ensure the clause is properly incorporated into covered solicitations and contracts. The contracting officer should also recognize that the clause is policy-driven and that its main enforcement mechanism is subcontract flowdown rather than a direct performance prohibition.
Contractor
Adopt and enforce internal policies banning text messaging while driving in the vehicle and work situations covered by the clause, and implement education or awareness efforts appropriate to the size of the business. The contractor must also flow the clause down to all subcontracts above the micro-purchase threshold, including paragraph (d).
Subcontractor
Comply with the flowed-down clause and, if applicable, adopt internal policies and practices consistent with the prime contractor’s requirements and the federal policy objective. Subcontractors should also ensure the clause is passed to lower-tier subcontracts when required by the subcontract terms and applicable procurement rules.
Agency
Use the clause as part of the Government’s broader safety and leadership policy under Executive Order 13513 and support consistent application through procurement. Agencies should ensure acquisition personnel understand the clause’s scope, definitions, and flowdown requirements.
Employees/Drivers
Avoid text messaging while driving in covered vehicles or while performing work for or on behalf of the Government, and use navigation devices only within the narrow exception provided. Employees should also follow company policies and any training or safety rules adopted under the clause.
Practical Implications
This clause is mainly a policy and risk-management tool, so contractors should treat it as a real compliance expectation even though the operative language is "encouraged." A written policy alone is not enough if the contractor does not communicate, train, and enforce it.
The definition of driving is broader than many people assume. Texting at a stoplight, in traffic, or during brief stops on an active roadway is still covered, which is a common compliance mistake.
The navigation-device exception is narrow and easy to misuse. Handheld use, programming while moving, or using a device not properly secured in a holder can fall outside the exception and create risk.
Prime contractors must remember the subcontract flowdown. A frequent pitfall is omitting paragraph (d) or failing to include the clause in all subcontracts above the micro-purchase threshold.
Because the clause is tied to safety and public policy, contractors should align it with broader fleet, travel, and workplace conduct policies to avoid inconsistent rules across vehicles, employees, and subcontract tiers.
Official Regulatory Text
As prescribed in 26.605 , insert the following clause: Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (a) Definitions . As used in this clause- "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. (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, dated October 1, 2009. (c) The Contractor is encouraged to- (1) Adopt and enforce policies that ban text messaging while driving- (i) Company-owned or rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct initiatives in a manner commensurate with the size of the business, such as- (i) Establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts . The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award. (End of clause)