As of January 1, our roadways will be a little safer.
Late last month the Department of Transportation announced a final rule banning commercial truck and bus drivers from using handheld cell phones while operating their vehicles. The rule, which was issued by the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration, takes effect on the first day of the New Year. It is part of the DOT’s ongoing
mission to end distracted driving.
As you may recall, back in October the FMCSA banned texting by interstate commercial drivers. But, it wasn’t enough. Research demonstrates that, when using handheld cell phones, drivers remove their eyes from the road for an extended amount of time. They could be reaching for a phone or dialing a number – whatever it may be, it cannot happen behind the wheel of a large vehicle that is barreling down the highway at 65 to 75 miles an hour.
Enter the new ban.
However, the issuing entities understand the link between communication and commerce. Drivers can use hands-free phones, two-way radios, etc., but there will be restrictions. A few of our clients have asked for clarification regarding the ban, so we’ve compiled the following summary.
Who does it apply to?
- Interstate commercial truck and bus drivers
- All hazmat drivers
What does it ban, allow?
- It bans drivers from using handheld cell phones while operating a commercial truck or bus.
- Handheld phone use is banned while operating on a highway, including when a truck is temporarily stopped on the road. It does not include stopping on the side of the road.
- Drivers can use hands-free mobile telephones with a speaker phone option and one-touch dialing. These are allowable as long as the device is within the driver’s reach while he or she is in the normal seated position with the seat belt fastened.
- Drivers can use a handheld phone to contact law enforcement or emergency services for certain purposes, i.e. reporting an accident or a drunk driver.
- Two-way radios, or walkie-talkies, can be used for short periods of time when communication is critical for utility providers, school bus operators, or specialty haulers.
What are the penalties?
- Federal civil penalties of up to $2,750 for each offense.
- Multiple offenses disqualify drivers from operating a commercial motor vehicle.
- Commercial truck and bus companies that allow drivers to use handheld cell phones while driving face a penalty of up to $11,000.
What kind of impact will the new ban have on the New Year and beyond? Only time will tell. What are your thoughts?