In our increasingly connected world, cell phones have become an indispensable part of our daily lives. However, when it comes to driving, especially for commercial motor vehicle (CMV) operators, cell phone use poses significant dangers. This blog explores the risks associated with cell phone use while driving a CMV and emphasizes the importance of adhering to federal regulations to ensure road safety.

The Impact of Distractions

When a driver is excessively distracted and fails to focus on potential traffic risks, the likelihood of causing an accident significantly increases. Cell phones have become the top distraction for drivers, including those behind the wheels of commercial trucks. This alarming trend persists despite federal regulations expressly prohibiting distracting behaviors while driving.

Federal Regulations on Cell Phone Use

The Federal Motor Carrier Safety Administration (FMCSA) has issued stringent regulations concerning cell phone use by commercial truck drivers and transporters. These rules explicitly forbid interstate truck drivers and those transporting hazardous materials from texting or using hand-held mobile devices while their vehicles are in motion.

Definitions of Texting and Cell Phone Use

To avoid any confusion, the U.S. Department of Transportation has clearly defined “texting” and “cell phone use” to ensure truckers can easily determine if they are violating regulations:

• Texting: Manually entering alphanumeric information into a device or reading information from it. FMCSA rules prohibit actions such as sending text messages, emails, instant messages, accessing web pages, or using multi-button communications. Essentially, any action that requires more than a single button push on the device is a violation of texting regulations.
• Cell Phone Use: Holding or reaching for a mobile phone with the intent to conduct voice calls or multi-button communications is strictly prohibited under DOT guidelines. However, FMCSA regulations permit the use of hands-free devices that are easily accessible to the driver.

In summary, truckers are allowed to use mobile devices only if they can be operated with a single button push, are within easy reach, or are entirely hands-free.

Risks and Consequences of Non-Compliance

Violators of these cell phone safety regulations face severe penalties. In addition to legal repercussions following an accident, commercial truck drivers who use electronic devices against FMCSA rules may encounter the following consequences:

• Civil Penalties: Violators can face fines and penalties of up to $2,750 for breaching safety regulations.
• Employer Civil Penalties: If it is found that the driver’s employer knowingly permitted cell phone use while driving, they may be held liable for damages.
• Safety Record Impact: Violators risk receiving the minimum safety measurement rating for commercial drivers, potentially leading to the loss of their commercial license.
• Increased Accident Risk: Truck drivers who text while driving are 23.2 times more likely to cause accidents compared to those who comply with regulations. Dialing mobile phones increases the risk of accidents by 20 percent.
• Insurance Premiums: Safety protocol violations can significantly raise a driver’s insurance premiums, especially if they were involved in an accident.
• Vehicular Manslaughter Charges: In cases where a driver’s actions result in a fatal collision, they may face charges of manslaughter or vehicular homicide, in addition to liability for personal injury, wrongful death, and property damage.

Ensuring Compliance

To comply with FMCSA regulations and ensure safety, commercial truck drivers should:

• Ensure that the mobile phone is positioned close enough to be easily operated while the driver is securely restrained by properly installed and adjusted seat belts.
• Utilize an earpiece or activate the speakerphone.
• Employ voice-activated dialing.
• Make use of the hands-free feature, which requires the driver to be able to initiate, answer, or end a call by touching a single button on the mobile phone. The phone must be within reach, and the driver must be in the seated driving position, securely restrained by a seat belt.

Remember, when you are distracted, everyone is impacted! Adhering to FMCSA regulations on cell phone use is crucial for the safety of all road users. At Joy Ride Logistics LLC, we are committed to promoting safe driving practices. No call, no text, no ticket—stay safe!