FMCSA Proposes Rule to Ban Hand-Held Cell Phone Use for Truck Drivers
In December, the FMCSA published a Notice of Proposed Rulemaking (NPRM) that would ban handheld cell phone use by commercial vehicle drivers operating in interstate commerce. The proposed rule defines "using a hand-held mobile telephone" as "using at least one hand to hold a mobile telephone to conduct a voice communication or reach for or dial a mobile telephone." While the current proposal does allow for hands-free technology, it also solicits opinions regarding banning hands-free options for mobile telephones in the final rule.
If the proposal is eventually adopted as the final regulation, a conviction could land a driver a $2,750 fine. Motor carriers face fines of $11,000 for allowing or requiring drivers to use hand-held phones while driving. The agency is also proposing to classify the offense as a “serious” violation in 393.51. That would mean any driver convicted of the hands-free prohibition along with second “serious” offense in a three-year period, would be disqualified for 60 days. Three convictions of “serious” offenses in three years would mean a 120-day disqualification.
This is another step in the Department of Transportation’s ongoing national effort to curb distracted driving. Late last year, a rule that bans the specific act of texting while operating a commercial motor vehicle was finalized and became law.
The NPRM is now subject to a comment period before being finalized. FMCSA will accept both initial comments and reply comments. Initial comments are due by Feb. 22, 2011, and may address any issue raised in the NPRM and the background documents in the docket. Reply comments are due by March 21.
Initial comments can be submitted and reply comments identified by docket number FMCSA–2010–0096 using any one of the following methods:
• Federal eRulemaking Portal: http://www.regulations.gov/.
• Fax: 202–493–2251.
• Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Ave., S.E., Washington, DC 20590– 0001.
To learn more about the U.S. Department of Transportation's efforts to stop distracted driving, please visit http://www.distraction.gov/.
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