The Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration on Wednesday, Nov. 23, issued their long-awaited joint final rule specifically prohibiting interstate commercial truck and bus drivers from using handheld cell phones while operating their vehicles.
Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses. Additionally, states will suspend a driver’s commercial driver’s license after two or more serious traffic violations. Commercial truck and bus companies that allow their drivers to use handheld cell phones while driving will face a maximum penalty of $11,000.
The rule becomes effective 30 days after publication in the Federal Register. “When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly,” said U.S. Transportation Secretary Ray LaHood. “I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel.”
The U.S. Department of Transportation estimates that about four million commercial drivers will be affected by the final rule. “It’s just too dangerous for drivers to use a handheld cell phone while operating a commercial vehicle,” said FMCSA Administrator Anne Ferro. “Drivers must keep their eyes on the road, hands on the wheel and head in the game when operating on our roads. Lives are at stake.”
FMCSA said that while driver distraction studies have produced mixed results, its own research has shown that using a handheld cell phone while driving requires a commercial driver to take several steps beyond what is required for using a hands-free mobile phone, including searching and reaching for the phone. Commercial drivers reaching for an object, such as a cell phone, are three times more likely to be involved in a crash or other safety-critical event, according to FMCSA, and dialing a hand-held cell phone makes it six times more likely that commercial drivers will be involved in a crash or other safety-critical event.
In September 2010, FMCSA issued a regulation banning text messaging while operating a commercial truck or bus, and PHMSA followed with a companion regulation in February 2011, banning texting by intrastate hazardous materials drivers. “Needless injuries and deaths happen when people are distracted behind the wheel,” said PHMSA Administrator Cynthia Quarterman. “Our final rule would improve safety and reduce risks of hazmat in transportation.”
The American Trucking Associations voiced its support for the final rule shortly after DOT’s announcement. “ATA has been vocal in its support of Transportation Secretary LaHood’s quest to combat distracted driving, and this is another appropriate step toward achieving that goal,” said Bill Graves, ATA president and chief executive officer. “Studies have shown that actions like texting and dialing a phone can greatly increase crash risk, so taking steps to curb these behaviors hold great promise to improve highway safety.”
Graves said that while the federal government cannot enact similar bans for drivers of passenger vehicles, “ATA urges all states to follow the lead of DOT and FMCSA and take steps to ban these dangerous activities for all drivers. We urge all drivers, whether it is illegal or not, to put down their phones while on the road.”
To view the final rule, go to www.regulations.gov; the docket numbers are FMCSA–2010-0096 and PHMSA-2010-0227.
Also of Interest »
@ Gordon
If you are all for safety, you wouldnt have a problem with the new rule. It isn't hard to see that the colateral damage caused by a loaded transport truck will typically exceed the colateral damage caused by that of a car.
I think distracted driving should carry the same penalties as a DUI would carry. and that being for all drivers not just commercial vehicles.
At our company we take safety seriously and are currently renewing our policy with regards to cell phone use while driving. Our CDL drivers will face termination of employment if found to be violating our policy.
Y'all can cry and whine all you want...Fact of the matter is, buy a bluetooth head set, or don't talk on the phone while driving. From what I've seen on the road. Most of you would do better by just turning the phone off while operating that 80,000 + lb vehicle.
Anyone with common sense knows that there are times when it is not safe to be distracted and behaves accordingly. We have a government of power-hungry morons, seeking to micromanage every facet of our lives and businesses. As long as there are buildings full of people in Washington, paid to write and enforce regulations, they will continue to write. They don't care how much damage they do, how much money it costs, how much time it wastes, or whether there is any benefit, it's their livelihood and the more of it they do, the more their staff, budgets and power will increase. At least ninety per-cent of existing "safety regulations" are unnecessary, counterproductive nonsense and should be repealed. If there is ever to be any spending reduction in government, these regulatory bureaucracies should be the first on the list. We are being taxed to pay all these jerks to make it ever more difficult and expensive to do business.
This is definitely a means to increase revenue for localities and states nothing more. If it was about SAFETY it would be for ALL vehicles CMV's AND the MOTORING PUBLIC. But leave it to our wonderful government to screw whoever they can. The DOT and FMCSA must want a big bonus. Thats the only reason for this law.
Why do we as commercial drivers need to use our cell phones while driving? If we have the need to call someone all we have to do is pull over and use it. Our loved ones should know when we'er driving so they shouldn't call us because they love us. They should want us safe!!!
I have not seen any mention of using GPS... CBs or the fancy computers the big guys have..These in most circumstances are just as bad or more distraction than a cell phone. Tuning.. changing channels...Typing or reading screens.. Trucking accident statistics have continued to go down. This rule is nothing more than nuisance to make some one feel real fuzzy and think they will get some extra votes..When will all the junk rules stop and get government out of political posturing to fool the people that they really care about their welfare.
I am all for safety. I am all for punishing violators of laws. However this law targets only one part of the accident cause and it is not the right part.
When all studies including the Governments studies show that 85% to 88 % of car truck accidents are caused by the car driver then why are we being targeted once again or to be more correct, Still??
Is it due to the value of the truck compared to the value of the car. $150,000 dollars for value truck compared the $30,000 SUV. Or is it the amount of insurance we have to carry and every one wants a piece of it.
It could be that the driving schools are producing far too many less than qualified drivers and we all are paying the price.? Could it be that we don't stick together any more?
I see many times as day drivers in cars using a cell phone to text and use all of their lane and part of another while doing it. As their luck would have it no Officers are around to fix this problem 99% of the time.
We are being punished for being truck drivers.
This is forcing many of us to change cell phone plans and raising our cost of doing business once again.
We are being targeted because we are usually from out of state and more than likely will not contest this action or ticket. This is one way we enhance revenue to localities and states.
I for one am getting tired of being targeted for minor or non existent violations when the major cause of accidents goes unpunished because we have a CDL.
I have said and will always say that even the police officers are unsafe when driving. They have a Computer screen blocking some of their view, They seldom use cell phones with the use of blue tooth due to the radios they need to do their job. They are as unsafe as anyone else driving and no-one can show me why they are exempt. It is not training. It is not schooling. It is not time on the job.
We are being punished by the very same ones that write the laws but do not have to follow them. The same ones that are exempt from local statutes and have no fear of punishment after breaking the very laws they write.
It is going to come to the point of trucking shutting down for us to be heard. Store shelves empty. Gas stations dry, no running trucks means no mileage or fuel taxes being paid and that will account to millions of dollars for just a few days of shutdown.
It is going to be ugly.Why. Because far too many have been silent for too long and it is beginning to bubble over. There is going to be violence and it is going to be due in part to inept unknowing unwilling law makers and inept less than qualified law enforcement officers not knowing the law and enforcing what they think is the law. Enough is enough.
Every driver get sick at one time and or take your vacations at the same time.
HOS. They can't be happy with the changes so they keep on changing it.
. Legislators, most of them are lawyers. That says a lot to why we have problems.
Exhaust emmissions. Hello California.
That keeps changing, no one can make up their mind. They find out the writer of the emissions criteria was a fake but still use the numbers. Why? Stupid. No not really . It is because the numbers can generate revenue. Revenue enhancement is the name of the game and now more so than ever in history.
We need to stick together and we need every CDL holder to join OOIDA .We need a strong voice that is more than a whisper in the wind to stand up for us. To be our voice for us.
We need to push out the bad drivers, Police our own ranks. We need to shape up or ship out..
We need to renew the pride in ourselves and let it show.
Will this effect the private interstate drivers who do not carry hazardous material? Our trucks are 1-Ton pick-up trucks with 36' trailers hauling metal material.
While the gov't enforces cell phone use...does that mean the CB radios, which are hand held devices going to be next. That may include Ham radio users too.
One of the biggest and most dangerous distractions faced by commercial truck drivers [and consequently, the general driving public] is the absence of street addresses on buildings. A driver who is searching for an address where few exist is as distracted as it gets, and it happens thousands of times every day in every city & state in the US. Way too many buildings [commercial and retail] display an address visible from the street. Locating several [to determine the sequence] continually forces my attention away from the traffic around me - how safe is that?!
I use a handsfree cellphone, and am totally frustrated that neither the DOT nor the FMCSA has even mentioned this cause of distracted driving - how crazy is that?!
Is it really all about safety - or is it about REVENUE?
I have seen police and fire with five plus radios and other more serious distractions and with drivers that were not qualified to drive a golf cart. From the amounts of the fines this appears to be is just another form of more revenue enhancement. Trucks stopped everywhere will be a greater safety hazard than the cell calls. And how safe will it be to sneak a call while driving around lost forever.
[...] For those of you that missed it over Thanksgiving the FMCSA has finally (my editorial comments begin) banned the use of hand-held phones while driving. http://www.ccjdigital.com/interstate-truck-bus-drivers-banned-from-using-handheld-cell-phones/?pg=2 [...]
[...] 5. Interstate truck, bus drivers banned from using handheld phones (Nov. 23)12»Last [...]