Commercial Drivers Prohibited from Using Hand Held Cell Phones While Driving

Starting January 3, 2012, commercial drivers subject to the US DOT’s rules will no longer be able to use hand held cell phones while operating their vehicles. The new Rule does allow commercial drivers to communicate by cell phones equipped with hands-free devices. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action by the U.S. Department of Transportation to end distracted driving.

The rule prohibits commercial drivers from using a hand-held mobile telephone while operating a commercial truck or bus. Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses. Additionally, states will suspend a driver’s commercial driver’s license (CDL) after two or more serious traffic violations. Commercial truck and bus companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000. Approximately four million commercial drivers would be affected by this final rule.

Secretary of Transportation Ray LaHood stated “When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly… I hope that this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel.”

FMCSA research shows that using a hand-held cell phone while driving requires a commercial driver to take several risky steps beyond what is required for using a hands-free mobile phone, including searching and reaching for the phone. 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. †

As a result of this new Rule, and the FMCSA regulation banning text messaging while operating a commercial truck or bus and PHMSA’s companion regulation in 2011, banning texting by intrastate hazardous materials drivers, our roadways will be safer for all and the numbers of people severely injured or killed by catastrophic bus and truck accidents will decrease. The Rule can be found at http://www.fmcsa.dot.gov.

† 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 nearcrashes, (Document No. FMCSA-RRR-10-049) Washington, DC: Federal Motor Carrier Safety Administration. The study is in the docket at #FMCSA-2010-0096-0004.