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Distracted Driving

Recent Activity

On December 2, 2011, the Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration published a final rule banning the use of hand-held mobile telephones by drivers while operating a commercial motor vehicle.  The rule becomes effective January 3, 2012, and prohibits drivers from reaching for, holding, or dialing a mobile telephone while driving a commercial motor vehicle.  The ban applies when the vehicle is in operation, is temporarily stopped on the highway for traffic, or is waiting at a stoplight, stop sign, or other traffic control device.  Hands-free use of a mobile telephone is permitted with a wireless earpiece or through one-touch dialing and operation of the speakerphone function.  The rule further states that motor carriers and employers are prohibited from allowing or requiring drivers to use hand-held mobile telephones while operating the vehicle.  Motor carriers that do not adhere to this provision will be fined a maximum penalty of $11,000.  Drivers who violate the restriction will face a fine of up to $2,750 per violation.  The final rule is available here.

Background

As technology use, particularly text messaging, has increased, the issue of distracted driving has been pushed to the forefront of our industry.  Through regulatory interpretation and then through the formal rulemaking processes, the Department of Transportation and the FMCSA have been working since 2009 to eliminate cell phone use by commercial motor vehicle drivers while driving.

Additional Information

2011 Final Rule

U.S. Government Distracted Driving Web Site

2010 Notice of Proposed Rulemaking

TCA Policy: Safe Use of Technology

This page was last reviewed Friday, April 27, 2012