Texting Ban for Commercial Drivers issued by FMCSA Regulatory Guidance
Posted on Tue, Jan 26, 2010 @ 01:44 PM
By Kevin Mullen, Director- Safety at ADS LOGISTICS CO, LLC
The Federal Motor Carrier Safety Administration (FMCSA) will issue regulatory guidance today banning texting by commercial drivers while operating a commercial motor vehicle (CMV).
The ban is an expansion of an existing regulation (49 CFR Part 390) banning the use of additional equipment and accessories that decrease the safety of operation of commercial motor vehicles.
The regulatory guidance comes on the heels of ever-increasing scientific and statistical evidence of the increased likelihood of involvement in crashes by distracted drivers.
Many states have implemented similar bans for drivers of passenger cars.
Distracted driving promises to be the “drunk driving” of the 21st century with hundreds of millions of cell phones in use and the pressure (perceived or real) to multi-task including while behind the wheel.
Proactive companies have already taken steps to implement their own policies on the use of portable electronic devices while operating company vehicles or personal vehicles while on company business to insulate themselves from plaintiff attorneys who are already focusing on this issue.
Studies at Virginia Tech have pegged the increased likelihood of being involved in a crash while simply talking on a cell phone at 5 times more likely and texting at 24 times more likely. A University of Utah study likened the increase in recognition and reaction time to hazardous situations to that of drivers operating under the influence (.08 BAC). Yet despite these startling figures, a 2009 naturalistic driving study conducted by the FMCSA that found 78% of light vehicle (passenger car) crashes that were the result of distracted driving still didn’t fully appreciate the dangerous role of talking on cell phones.
These stunning figures emphasize the importance of employers acting now to implement cell phone and texting policies. Good safety and risk management strategies demand it.
The FMCSA has funded much of the research in the area of distracted driving and has published some tips to eliminate or reduce distractions.