| 
| 
Summary of the Mobile Telephone Final Rule
Brief Overview:
1) This rulemaking restricts a CMV driver from holding a mobile telephone to conduct a voice communication and dialing a mobile telephone by pressing more than a single button. Hands-free use is allowed via either an earpiece or the speakerphone function of the mobile telephone.
2) Research commissioned by FMCSA shows that the odds of being involved in a safety-critical event (e.g., crash, near-crash, unintentional lane deviation) is 6 times greater for CMV drivers who engage dialing a mobile telephone while driving than for those who do not. Dialing drivers took their eyes off the forward roadway for an average of 3.8 seconds. At 55 mph (or 80.7 feet per second), this equates to a driver traveling 306 feet, the approximate length of a football field, without looking at the roadway[1].
Detailed Overview:
1) Use a hand-held mobile telephone means:
a) using at least one hand to hold a mobile telephone to conduct a voice communication;
b) dialing a mobile telephone by pressing more than a single button, or
c) reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.
- A driver of a CMV who desires to use a mobile phone while driving will need to use a mobile telephone (such as hands-free) located in close proximity to the driver that can be operated in compliance with this rule.
- The ease of “reach” or accessibility of the phone is relevant only when a driver chooses to have access to a mobile telephone while driving. Essentially, before driving the vehicle, the CMV driver must be ready to conduct a voice communication on a mobile telephone.
2) Driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, 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.
3) Using a hand-held mobile telephone while driving is a serious traffic violation that would result in a CDL driver being disqualified.
4) Additionally, states would suspend a driver's CDL after two or more violations of any state law on hand-held cell phone use. FMCSA expects to issue a final rule later this year.
a) The State which issues a driver their CDL will impose this disqualification whenever that driver is convicted for using a hand-held mobile while operating a CMV, 60 days for the second offense within 3 years and 120 days for three or more offenses within 3 years. In addition, the first and each subsequent violation of such a prohibition are subject to civil penalties imposed on such drivers, in an amount up to $2,750.
b) Furthermore, this rule states that motor carriers must not allow nor require drivers to use a hand-held mobile while driving. Employers may also be subject to civil penalties in an amount up to $11,000.
c) There is an emergency exception that allows CMV drivers to use their hand-held mobile telephones if necessary to communicate with law enforcement officials or other emergency services.
5) We expect the rule to have a minimal economic impact as most existing phones are compliant because they have either a speaker phone function or a wired or wireless earpiece capability.
[1] Olson, R. L., Hanowski, R.J., Hickman, J.S., & Bocanegra, J. (2009), Driver distraction in commercial vehicle operations, (Document No. FMCSA-RRR-09-042) Washington, DC: Federal Motor Carrier Safety Administration. The study is in the docket at #FMCSA-2010-0096-0016. Hickman, J., Hanowski, R. & Bocanegra, J. (2010), Distraction in commercial trucks and buses: assessing prevalence and risk in conjunction with crashes and near-crashes, (Document No. FMCSA-RRR-10-049) Washington, DC: Federal Motor Carrier Safety Administration. The study is in the docket at #FMCSA-2010-0096-0004.
Products
$25.00
|