Time for Commercial Drivers to Put Down Their Cell Phones and Drive

March 13, 2011

The rules of the road are becoming more specific and safety-focused, especially when it comes to regulating or banning the use of certain technological devices while driving. Late last year, the U.S. Department of Transportation (DOT) proposed one such regulation, which aims to outlaw hand-held cell phone use by interstate commercial truck and bus drivers.

This type of law is not new; many states have some form of texting while driving ban. But it is a new DOT tactic to put the enforcement spotlight on commercial drivers. The goal is to prevent trucking accidents and other distracted driving accidents caused by commercial drivers.

Easily Distracted

Distracted driving, which encompasses everything from texting and cell phone use while driving to driving while holding pets or children, reading, putting on makeup or eating, has launched many safety initiatives by governmental bodies and advocacy groups. Federal data indicates that use of either a hand-held or hands-free cell phone while driving increases the likelihood that a driver will become injured by four times. This also slows reaction times as much as being legally drunk.

Distracting Consequences

Distracted driving contributed to almost 5,500 deaths and around 448,000 injuries from crashes in the U.S. during 2009, according to federal research data. To date, 30 states and the District of Columbia have enacted bans on texting while driving, and eight states now require hands-free devices for cell phone use in cars.

But this is a piecemeal approach, and it makes sense to have a national standard for drivers of commercial vehicle. Those vehicles cross state lines frequently and, due to their sheer size, tend to cause extremely serious injuries and deaths when they are involved in crashes.

Proposed Rule

The goal of proposed rules like the hand-held cell phone ban for commercial drivers is to force a driver's full attention to be on the road. This rule, which was drafted by the Federal Motor Carrier Safety Administration (FMCSA), "prohibits commercial drivers from reaching for, holding or dialing a cell phone while operating a CMV." If found in violation, commercial truck or bus drivers could be fined up to $2,750 per infraction and lose their licenses if the offenses persist. Motor carriers could also be fined thousands of dollars for allowing or encouraging their drivers to use hand-held cell phones while on the road.

Deep Impact

Targeted rules like banning hand-held cell phone use while driving can impact millions of commercial and bus drivers who travel the roads today. While some large carriers already ban hand-held cell phone use by their drivers, and the FMCSA already instituted a ban on texting for commercial drivers, this rule creates further federal and state penalties for those carriers or drivers who choose not to follow safe driving practices. If you or your loved one was involved in an accident with a commercial vehicle or bus where the driver may have been talking or texting on a cell phone, contact a local attorney experienced in trucking and commercial vehicle accidents to discuss your legal rights and options.

Article provided by Kinnard, Clayton & Beveridge
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