FMCSA Proposes Rule to Ban Truck Drivers From Reaching For or Dialing a Cell Phone

Emphasizing the safety of all on the roads of America, the Federal Motor Carrier Safety Administration (FMCSA) issued a notice of proposed rulemaking, seeking comments and input from the public, concerning banning the use of hand-held cell phones by commercial drivers and limiting the use of hands-free devices.

The proposed FMCSA rule “would prohibit commercial drivers from reaching for, holding or dialing a cell phone while operating a [commercial motor vehicle].” The proposed rule includes federal civil penalties for drivers who are found to be in violation of the rule. The penalties include a $2,750 fine for each offense by a driver and the possibility of “disqualification of their commercial driver’s license for multiple offenses.” The rule also proposes a maximum penalty of $11,000 for motor carriers that “allow their drivers to use hand-held cell phones.”

Safety is the Issue

The FMCSA, in explaining the rationale behind the proposed rule, refers to research that shows the dangers of removing ones’ eyes from the road.

“Every time a commercial truck or bus driver takes his or her eyes off the road to use a cell phone, even for a few seconds, the driver places everyone around them at risk,” stated U.S. Transportation Secretary Ray LaHood.

In a 2009 study, the Virginia Tech Transportation Institute (VTTI) concludes that commercial drivers who reach for an electronic device, including a cell phone, are 6.7 times more likely to be in a crash or near-crash than non-distracted drivers. The study also found that commercial drivers at 5.9 times more likely to be in a crash or near-crash while dialing a cell phone. Ultimately, the VTTI study shows that the key to improving safety is drivers keeping their eyes on the road.

Not Everyone Agrees

The FMCSA’s proposed rule has been met with skepticism.

Indicating that the proposed rule may go too far, Joe Rajkovacz, Director of Regulatory Affairs for Owner Operator Independent Drivers Association (OOIDA), pointed out that the proposed rule would make “it illegal to reach for your phone. … That is a form of a thought crime. It’s very arbitrary and capricious. It opens up potential abuse on the part of law enforcement to use that as an ‘I gotcha’ against a driver.”

An article in Land Line – a trucking industry magazine – suggests the proposed rule “lays the groundwork to ban the use of hand-held cell phones while driving for commercial drivers.”

The notice of proposed rulemaking also asks for comments on the possibility of a ban on all cell phone use by commercial drivers; this would preclude drivers from even using hands-free devices. It should be noted that the VTTI study found that there was no increased risk of accident for commercial drivers engaged in the act of talking or listening to a cell phone call.

If you have been involved in a truck accident, contact an experienced attorney to learn about your legal options.