FMCSA issues tighter restrictions on hand-held mobile phone use for commercial drivers

Commercial Drivers must go almost completely Hands Free

The Federal Motor Carrier Safety Administration (FMCSA) finalized a new federal rule further restricting hand-held mobile phone use by Commercial Motor Vehicle drivers. The rule, which went into effect December 23, 2011, affects Oil Marketers, Trucking Companies, Environmental Contractors, Construction Contractors, Waste Haulers and Public and Private Transportation organizations among many other industries. There are approximately 4 million commercial drivers in the U.S. that would be affected by this rule.

Download the sample Hand-Held Mobile Device Policy for CMV Operators

What the Rule Prohibits

The rule specifically prohibits the following phone dialing and talking actions:

• Holding a mobile telephone (including “push-to-talk” phones) to conduct a voice communication
• Dialing a mobile telephone by pressing more than a single button
• Reaching for a mobile telephone in an unacceptable or unsafe manner

And also the following text and data actions:

• Manually entering alphanumeric text information into an electronic device
• Reading text from an electronic device
• Composing emails or short instant messages
• Entering a command or “URL” address to access the World Wide Web

New Definitions

• Mobile Telephone: means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 CFR 20.3. It does not include two-way or Citizens Band Radio services.
• Driving: means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary. Individual states are expected to adopt regulations governing city streets and rural roads within three years.
• Commercial Vehicle: means any vehicle in interstate transportation with GVWR 10,001 pounds or more, or is designed to haul 9 or more passengers or is carrying quantities of hazardous materials that require placarding.

Penalties

• Federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses.
• Two or more offenses within a two or three year period, will result in either a 30 or 60 day revocation of driving privileges
• Employers that allow their drivers to use hand-held cell phones while driving face up to $11,000 in penalties.

What does this mean for Commercial Drivers?

• Effects on Nextel/Push to Talk Phones: If these devices require that a driver/user hold them in order to talk, their hand-held usage will be prohibited. The FMCSA FAQs state that they are permitted “provided the driver does not reach for, dial, or hold the actual mobile telephone in his/her hand while driving and the driver is able to touch the button needed to operate the push-to-talk feature from the normal seated position with the safety belt fastened”.
• Availability of Safe Parking: Because of FMCSA’s “Driving” definition, vehicle operators must “…move the vehicle to the side of, or off, a highway in a location where the vehicle can safely remain stationary” prior to using a hand-held phone. Given the high center of gravity of many waste vehicles, this requirement may place them in rollover prone situations.
• Increased Safety Performance Monitoring: Employers will need to more closely monitor their motor vehicle records. For example, they must have procedures in place to ensure that they do not knowingly or willingly use a driver who has been disqualified from driving per these prohibitions.
• Educate Your Drivers: While most supervisors and drivers are good at following rules and established procedures, they often require background and examples, when dealing with new and/or vague situations (e.g., interpreting this new rule). As a result, we recommend that you prepare a training program with a clear and focused agenda. In the agenda, provide an explanation of the reasons for this new rule. Provide specific examples on what is and what is not permissible behavior under this new standard. We suggest that you provide guidelines and procedures that address safe ways to park/stop for conducting cell-phone conversations. As a “compliance precaution,” we would recommend that you document this training and attendance.
• Update Your Cell Phone Policy: We urge you to review your current cell phone policy.  Ensure that it conforms to these new standards. Review the policy with your operations and management team and develop a “lead by example” approach. Download the sample Hand-Held Mobile Device Policy for CMV Operators.
• Re-evaluate Driver-to-Dispatch Communication Expectations: Review this rule with your “front-line” team in order to find ways to minimize the need to communicate with those individuals who are “behind the wheel.”

Why is the Rule in Place?

FMCSA research found that 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. 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.

More Information

Full rule and summarized research.

Department of Transportation press release.

Frequently Asked Questions (FAQ) – Ban on Hand Held Cellular Phones