New FMCSA regulations prohibit texting and hand-held mobile phone use while operating a commercial motor vehicle used in interstate commerce.
Drivers caught texting or using hand-held mobile phones are subject to fines, disqualifications, and being put out-of-service.
The FMCSA rules do not apply to devices used for dispatching, as long as they are used as part of the company's fleet management system and are not being used for texting.
Research shows that CMV drivers who text were more than 23 times likely to be involved in a safety-critical event than those who do not.
CMV drivers dialing mobile phones were 6 times more likely to be involved in a safety-critical event.
While using hand-held devices to call or text is expressly prohibited, using the hands-free options of these devices is usually acceptable.
While state rules usually apply first, the fact that many states still haven't devised rules to address distracted driving means that the FMCSA rules apply regardless of what state you are in.
The FMCSA, in the interest of public safety, kept it short and simple regarding the use of mobile devices by truck drivers:
Texting, as defined in the new FMCSA regulations, "means manually entering alphanumeric text into, or reading text from, an electronic device". This includes pressing more than one button to initiate or terminate a call, or texting on a dispatching device.
The FMCSA also issued a separate rule that defines using a mobile device as:
What this means for a truck driver is that, with the exception contacting law enforcement or in an emergency, texting or dialing or phone calls need to be "hands-free". Any hands-free device needs to be located in close proximity to the driver.
This will normally involve using an earpiece-speaker phone, hands-free dialing, or hands-free mode. Hands-free generally means being able to safely activate a mobile device by touching a single button, while safely and properly seated and restrained.
Perhaps it should be noted here that the FMCSA regulations do not spcifically mention the use of camera phones while driving. It should also be noted that using a camera to take a picture of that giant blue cow in the field next to you, while probably a freaking awesome sight, would certainly be considered 'unsafe' by the Feds.
The FMCSA addresses dispatching devices like this:
"texting on a dispatching device is indistinguishable from texting on another text-capable device, and is therefore prohibited."
Many trucking companies have been moving towards versions of hands-free dispatching devices (Qualcomm) for some time, and many are available with combined GPS systems. Some will only display a short message until the driver stops to read the rest, and some will just give off a beep until the truck is parked.
Drivers are technically prohibited from using hand-held devices while stopped at a traffic light, or in some other kind of traffic delay, but are allowed to use them if safely pulled over to the side of the road.
Drivers can be fined up to $2,750.
Repeat offenses will result in the driver being disqualified, or put out-of-service , for up to 120 days.
The driver's employer can be fined up to $11,000 if they knowingly allow or require drivers to use hand-held devices while driving.
Violations will negatively affect the employer's SMS (Safety Measurement System) ratings.
Violations are considered "serious traffic violations" and penalties are taken from existing FCMSA guidelines.
Two serious traffic violations within a three-year period will get a driver disqualified for 60 days, while three violations in three years will put a driver out-of-service for 120 days. Additionally, drivers will be subject to hefty civil fines.
The penalties for using a hand-held device while driving are in addition to whatever the driver's employer dishes out for violating any of their particular policies on the subject, msny times including termination. Most employers will have policies in line with the laws, as distracted drivers who cause a wreck while operating under the company flag are giant lawsuits waiting to happen.
There are still many states which have not, for various reasons, banned texting while driving, or even distracted driving in general. Therefore, any driver engaged in interstate commerce (i.e. every over-the-road (OTR) driver out there), is subject to the FMCSA distracted driving rules regardless of what state they drive out of, or are driving in.
States will be required, however, to come up with their own set of compatible rules for CMV drivers and distracted driving.
It is estimated that a dialing or texting driver takes his eyes off of the road for between 3.8 and 4.6 seconds at a time. Not a long time, it seems, until you realize that at 55mph, the truck will travel over 300 feet. Longer than a football field.
The FMCSA commissioned a study through that Virginia Tech Transportation Institute that investigated just how much the risk of safety-critical events increased with hand-held mobile use by truck drivers.
As popular and invasive as cell phone use has become, CMV drivers need to know and understand the laws regarding distracted driving. Just as important, they should be practicing common-sense safety procedures with their use.
See Also:
OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.
A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:
The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle
The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.
What Does The FMCSA Do?
A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.
State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.
A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:
Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).
Commercial trade, business, movement of goods or money, or transportation from one state to another, regulated by the Federal Department Of Transportation (DOT).
Operating While Intoxicated
When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.
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