Starting this summer, drivers in Indiana will not be allowed to send text messages from their cell phone while driving. Indiana became the 32nd state to prohibit texting while driving for all drivers after Governor Mitch Daniels signed the bill into law on May 10.
Under the new law, effective July 1, violators face a maximum fine of $500. The new law is primary enforcement - meaning law enforcement officers can ticket a driver solely on the basis of texting while driving. In addition to extending the current texting ban to all drivers, those who are under 18 are also prohibited from all cell phone use while driving.
Washington was the first state to enact a texting ban in May of 2007. Since that time, 31 other states have acted. Legislation is pending in Missouri and Nevada among other states. For a full list of state laws regulating texting and cell phone use while driving, visit: http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
For as long as I’ve been in the trucking industry, I’ve been a serious advocate about the need to close a dangerous “loophole” in the system when it comes to truck driver drug and alcohol testing. This “loophole” exists due to the lack of a centralized database, or clearinghouse, to collect positive or refused drug and alcohol test results among CDL drivers.
The current system relies both on drivers to self-report their failed tests and on previous employers to provide test results to future employers. When a driver moves from one trucking company to another, some positive drug and alcohol test results are not being discovered by the hiring company because these positive results are self-reported, and not centrally tracked. As a result, the hiring company may not be aware of a driver’s past positive drug test results and could be hiring a driver who has not been evaluated, treated and cleared to return-to-duty by a substance abuse professional.
For years, Congress and trucking interests have recognized the need to create a national clearinghouse; however, it wasn’t until a 2008 White House GAO investigation found serious flaws in the federal drug testing system for truck drivers – an investigation that revealed a system vulnerable to manipulation and the use of urine altering substances - that the need to address this “loophole” became painfully obvious.
It now appears that momentum is gaining for something to be done. Just last month, the Safe Roads Act of 2011 (S.754), introduced by Sens. Mark Pryor (D-Ark.) and John Boozman (R-Ark.), would close this “loophole” by creating a central database, or clearinghouse, that employers would have to check during the hiring process for drug and alcohol test failures. If passed, the bill would give the Department of Transportation two years to establish the clearinghouse.
What exactly does this mean for employers and commercial drivers?
Employers
- Need to submit all data on tests in which they conducted or a driver’s failure to cooperate into the database, or clearinghouse
- Need to make sure that a test was conducted within the last three years and whether or not a driver was willing to partake or not
- If a driver is hired, employers will need to check that driver in the database every year
- Will be notified of any positive test results that show up during the week after an employer’s inquiry
Drivers
- Must give their consent before their information is given out to an employer
- Will be notified of any activity regarding their records
- Need to maintain current/accurate records
- Need to follow proper procedures if tested positive in order to return-to-duty
The FMCSA has indicated their plans to propose a rule in November that would do much the same as the Safe Roads Act of 2011, however details of that proposal are not yet available. Although possible that the bill could move independently, it is also possible that it would be attached to the pending reauthorization of the federal highway program. That legislation is now being drafted by congressional committees with the aim of action later this year, although passage is by no means assured.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.
In a May 9 Federal Register notice, the FMCSA formally announced it would reopen the docket for comments on the driver Hours-Of-Service (HOS) proposed rulemaking to allow for public review and discussion on four new research studies that were placed in the docket. The general public will have 30 days, until June 8, to review and comment on the newly added documents. The previous HOS comment period closed on March 4.
The FMCSA stated that it is committed to receiving and analyzing all public comments on the studies before it completes its work on the final rule. As a result, the FMCSA will not meet the court-negotiated July 26 deadline for publication of a final rule. A new deadline for the extended rulemaking schedule has not yet been determined.
The FMCSA plans to cite the four newly added studies in its defense of changing the current HOS.
The four studies are:
In general, the studies indicate that safety risk increases as work and driving time increases. The Penn State study reviewed truckload and less-than-truckload (LTL) driver and crash data. The study said that extended driving time was “substantially associated” with LTL crash odds, especially after six hours, with "the highest odds in the 11th hour”.
There continues to be widespread opposition to the current HOS proposal. The American Trucking Associations (ATA) has called for a thorough review of the science behind the proposal, questioning the research and data used by FMCSA to justify its proposed changes to the regulations. It is critical for all stakeholders to review the four newly added studies and submit comments before the June 8 deadline.
Here’s the process for submitting comments:
- Online, go to www.regulations.gov. In the ‘‘Document Type’’ drop-down menu, select ‘‘Proposed Rules,’’ insert ‘‘FMCSA–2004–19608’’ in the ‘‘Keyword’’ box, and click ‘‘Search.’’ When the new screen appears, click on ‘‘Submit a Comment’’ in the ‘‘Actions’’column.
- Fax comments to (202) 493-2251.
- Mail comments to Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590–0001.
- Hand deliver comments to the same address as the mailed comments between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is (202) 366–9329.
The FMCSA recommends that comments include the name of the commenter and a mailing address, an e-mail address or a phone number in the body of the document so that FMCSA can make contact if there are questions regarding the submission.
If comments are submitted by mail or hand delivered, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing.
If comments are submitted by mail and the sender would like to know that they reached the facility, enclose a stamped, self-addressed postcard or envelope.
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.