FAR 52.223-18 — Encouraging Contractor Policies to Ban Text Messaging While Driving
This clause requires contractors to adopt and enforce a policy prohibiting text messaging while driving on official business, and to encourage similar policies for personal vehicle use during work hours, and to include the requirement in subcontracts.
- Clause
- FAR 52.223-18
- Applies to
- All contracts
- Flows down to subs
- Yes
- Primary risk
- Vehicle incident liability
Key takeaways
- Read the clause as incorporated in your contract — tailoring and alternates change obligations.
- Flowdown obligations are your responsibility; a noncompliant subcontractor is your problem.
- Document compliance contemporaneously; after-the-fact reconstruction rarely satisfies auditors.
- When a clause is unclear, ask the contracting officer in writing before award, not after.
What the clause requires
You must establish a policy banning text messaging while driving company-owned, leased, or rented vehicles, or personal vehicles used on government business, and communicate that policy to employees performing work under the contract.
How to comply in practice
Adopt a written distracted-driving policy, communicate it during onboarding, and include the flowdown requirement in every subcontract regardless of contract value.
Common mistakes
Firms treat this as a minor administrative clause and never actually draft or distribute a written policy, leaving nothing to show if a driving incident triggers a compliance review.
FAQ
Does it apply to personal vehicles?
The government encourages such policies for personal vehicle use during work hours, in addition to requiring it for official business use.
Must subcontractors comply?
Yes, the requirement flows down to subcontracts at any tier.
What must the policy include?
A clear prohibition on text messaging while driving during performance of government business.
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