Distracted Drivers and Commercial Vehicles - New Rules of the Road

Everyone who has driven—or been a passenger—in the last few years understands the dangers of distracted driving.  Way too many drivers continue to engage in dialing, texting, or emailing while operating a couple of tons of moving steel, plastic and flammable liquids.   As a result, tragically, many lives have been lost or forever damaged as distracted drivers take their eyes off the road to respond to an email that can’t wait or make the next move in Words with Friends.  If you think that this is someone else’s problem, consider that there are at least two billboards up in Western New York touting the skills of personal injury attorneys who are more than happy to take on new cases that are the result—or alleged result—of the actions of distracted drivers.

Late last year, new rules for all drivers in New York received a great deal of publicity, and as a result, many motorists are now aware that they are obligated to shift lanes or reduce speed when they see flashing lights on the side of the road (note: I’ve already received a call from a frantic friend unaware of the new V&T rule and local law enforcement’s willingness to enforce it. But I digress.).  Most local drivers are also aware that local law enforcers are vigilant as they try to minimize the accidents caused by drivers who are blatantly disobeying New York’s hands-free mobile phone law (which was enhanced in 2011 to provide additional incentives to potentially distracted drivers to disengage their devices).   Since mid 2011, a wireless device infraction can not only be a primary violation, but it now carries, among other things, a 2 point license penalty to a guilty driver.

What hasn’t received the same level of attention is the recent federal rules change (1/3/2012) that places tight restrictions on the use of hand-held mobile telephones and devices by drivers of commercial motor vehicles (CMV) and their employers. The new rules, which became effective in January, were adopted by the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration, both part of the U.S. Department of Transportation following standard and lengthy federal rulemaking procedures. The rules amend both Federal Motor Carrier Safety and Hazardous Materials regulations, and restrict interstate CMV drivers from reaching for or holding a mobile telephone while operating a qualifying vehicle. 

The rules, defined in 49 CFR Section 390, apply to drivers of any vehicle: a) having a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight of 10,001 lbs or more; b) designed or used to transport more than 8 passengers (including the driver) for compensation; c) designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or d) used in transporting material found by the Secretary of Transportation to be hazardous and that is transported in a quantity that requires specialized signage called “placarding,” which is defined in federal rules governing the transportation of such substances.  Generally speaking, if you are using a commercial vehicle larger than a minivan or pick-up truck that’s engaged in interstate commerce, you’re on the hook to comply with these rules.

While commercial vehicle drivers are still permitted to use mobile phones and other wireless devices, they must do with not only great care, but significant limitations.  A driver may initiate, answer, or terminate a call so long as he/she can do so with the push of a single button at a device that is within his/her reach. Additionally, a driver is not permitted to hold the device in his/her hand while performing these basic operations.  The new operating rules prohibit the “push to talk” feature that many drivers rely upon.  Because this operation is similar to the operation of a hand held mobile device, both phones and citizen-band type radios are covered by the new rules.

Drivers who violate the new rules are subject to federal civil penalties of up to $2,750.00 per violation, as well as disqualification from commercial motor vehicle operation for multiple offenses. In addition to drivers, employers of drivers are also “on the hook” for the actions of their employees.  Specifically, interstate motor carriers are required to ensure compliance by their drivers on rules affecting use of hand-held devices while driving a commercial vehicle. In addition, both carriers and employers are prohibited from requiring—or allowing—a CMV driver to use a hand-held mobile telephone while operating in interstate commerce.

No area of law exists in a vacuum. Often, issues that could be considered “telecommunications law” look and feel more like employment, public safety, transportation, or even criminal law than they do telecom.  In a more global context, the new rules suggest that the public should not be placed at risk when individuals act in a way that creates great potential harm for others.  While these rules affect drivers in interstate commerce and their employers, the message is crystal clear.  Distracted drivers—in whatever capacity they appear on the road—endanger all of us.  Period.