Cell Phone Use/Texting While Driving Handbook Statement: Arkansas

Author: Amy E. Mendenhall, Marissa L. Dragoo, Corinn Jackson and Judith A. Paulson, Littler

When to Include This Statement

Arkansas employers should consider including this statement in their handbook to show their compliance with Arkansas's law regarding texting while driving, to promote driving safety and to limit liability from accidents involving employees who are driving and using electronic devices for business-related purposes or in a company-owned vehicle.

Customizable Handbook Statement

Cell Phone Use/Texting While Driving

As set forth in the National Handbook, the Company prohibits employees from using cellular phones for business reasons while driving or for any reason while driving for work-related purposes and driving a company-owned vehicle. Employees should also be aware that using a handheld wireless telephone to text while driving is a violation of Arkansas law, in addition to being a violation of company policy. It is also a violation of Arkansas law for a driver to use a handheld wireless telephone for any reason, other than in an emergency, when passing a school building or school zone during school hours when children are present and outside the building.

[OPTIONAL: Arkansas law also makes it unlawful for drivers of commercial motor vehicles to text while driving.]

Guidance for Employers

  • This policy statement is intended to be read in conjunction with a national policy that sets forth the company's policy on use of a cell phone and/or texting while driving. In addition to providing a company policy regarding cell phone use and texting while driving, it can be helpful to also remind employees about legal restrictions on these practices.
  • Although the dangers of "distracted driving" are well-documented, many people still engage in the practices of texting or using cell phones while driving. Employers should take steps to discourage these dangerous practices when employees are driving for business-related reasons or using their cellphones for business-related reasons while driving.
  • In addition to providing a company policy regarding cell phone use and texting while driving, it can be helpful to also remind employees about legal restrictions on these practices.
  • Arkansas law prohibits all drivers from using a handheld wireless telephone to text, email or access the internet while operating a motor vehicle, except in the case of emergencies.
  • Commercial drivers may not write, send or read texts or use the internet while driving a commercial vehicle. Using a GPS and placing calls on a cell phone are excluded.
  • Emphasize that all employees are expected to obey all traffic laws while operating a vehicle for company business.
  • Provide safe-driving programs to employees who drive on company business or drive company vehicles.

Additional Resources

Cell Phone Use / Texting While Driving Handbook Statement

Distracted Driving Laws by State