In agreements with the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administrators (PHMSA), DOT has created the Final Rule. It is the strongest federal ruling yet to regulate distracted drivers. Once initiated, it will prohibit the use of hand-held cell phones for interstate truck and bus drivers while driving.

Prior to the creation of the Final Rule, the FMCSA banned text messaging by commercial truck and bus operators in September 2010. The PHMSA added its own ruling the following February that included a ban of text messaging by intrastate hazardous materials drivers.

Violators of the Final Rule will face steep consequences. For each violation a civil penalty of up to $2,750 will be applied. If the driver is cited for multiple offenses, they will be disqualified from operating a commercial motor vehicle. In addition, companies who are caught allowing their drivers to use cell phones will be fined a maximum of $11,000.

The law also impacts how states will govern these infractions. After more than two violations are recorded, the states have the authority to suspend the driver’s commercial driver’s license (CDL) – taking dangerous drivers off the road. Once enforced, it is estimated that four million truck and bus drivers will be affected.

Although this is the first federal decision on distracted driving for truck drivers, Texas has had measures in place. Bus and novice drivers are prohibited from using a cell phone while operating a vehicle, with specific highlights on texting. Novice drivers are those who have had their license for one year or less. Bus drivers who carry passengers under the age of 17, including public and private transportation services, are covered. The law also has provisions to fine anyone – regardless of age or experience – for using a cell phone in a school zone.

Distracted driving undoubtedly is a risk to road safety and a cause of trucking accidents. FMCSA Administrator Anne S. Ferro agrees and had this to say about the new law:

“This final rule represents a giant leap for safety. It’s just too dangerous for drivers to use a hand-held cell phone while operating a commercial vehicle. Drivers must keep their eyes on the road, hands on the wheel, and head in the game when operating on our roads. Lives are at stake.” 

With millions of people on the road each day, increasing safety levels is imperative. If you’ve witnessed or been a victim of a distracted truck driver, contact the attorneys at Parker McDonald today. We are committed to restoring peace of mind to our clients. Allow us to do the same for you.