Peak Performance: Truck Drivers Can No Longer Use Hand-Held Cell-Phones! What’s Next?

By Bob Rose

As of January 3, 2012, the U.S. Department of Transportation (DOT) made it law that all interstate drivers of commercial motor vehicles (CMVs) as defined in Section 390.5 (this includes both CDL and non-CDL drivers), and all intrastate CMV drivers hauling a placardable amount of hazardous materials, cannot use a hand-held mobile telephone while driving.

Now, before the thought of “another example on how the government interferes with my life” races through your mind, let’s take a few moments and understand what this ruling is saying.

First of all, the phrase “Use a hand-held mobile telephone” means:

• Using at least one hand to hold a mobile telephone to conduct a voice communication;
• Dialing or answering a mobile telephone by pressing more than a single button, or
• Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer seated in a driving position and restrained by a seatbelt.

Distraction, whether it is voluntary or involuntary, reduces the driver’s situational awareness, decision-making, and performance. Think of what it’s like when you suddenly notice a bee buzzing around your ears and your face as you are peacefully motoring eastbound on I-80. You are immediately distracted and remain distracted until you are sure that the bee no longer threatens your well-being (pun intended). During this time, at least four types of distraction put you, and possibly others, at risk of being involved in a crash, an erratic lane change, or another unsafe driving action. Among your distractions were:

1. a visual distraction when you took your eyes off the road to follow the bee’s path,
2. a manual distraction when you swatted the bee away from your face,
3. a cognitive distraction when you began thinking about the bee instead of the road, and
4. an auditory distraction when you first heard the bee buzz past your ear.

Of course, hand-held cell phones cannot sting like a bee. But they certainly can cause you to become distracted enough to pose a safety risk. Using a hand-held mobile phone while driving involves activities, such as reaching for the phone, dialing the number, one hand holding the phone (or cramming it between your ear and shoulder) and the other hand on the steering wheel, and concentrating on the conversation rather than the highway, that will cause the kinds of distractions listed above. While adjusting the volume on the radio and sipping freshly brewed coffee are also manual distractions, they do not cause the same degree of risk.

What is considered a ‘mobile telephone’?

A “mobile telephone” is defined as a mobile communication device that falls under or uses any commercial mobile radio service. Most “push-to-talk” devices are mobile phones and require the driver or user to hold them, which make them subject to this ban. CB radios and two-way radios are not commercial services, so they are welcomed to travel along and participate in the conversation.

A “hands-free” cell phone with an ear piece and a speaking device for the driver to communicate is also acceptable. However, this type of mobile telephone system must only allow the drive to initiate, answer, and terminate a call by touching a single button. Also, the device must be mounted where the driver does not have to reach any further than the dashboard to operate it.

Know how ‘driving’ is defined!

It is important to know that “driving,” as it relates to this rule, means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or momentary delays. As this rule is written, it is permissible for the driver of a CMV to pull off the highway and come to a complete stop in a safe location such as a rest area, a parking lot, or possibly the side of the road as long as safety is applied to the situation, before using a hand-held mobile telephone. A driver may not use a hand-held mobile telephone while stuck in traffic, waiting for a traffic light to change, or at any other time while driving. The only exception to this would be in case of an emergency or for security purposes where the driver has the need to communicate with law enforcement officials or other emergency services.

Penalties for violations of this rule will be $2,750.00 for each offense and disqualification for multiple offenses. This includes both CDL and non-CDL drivers. The fine for companies who allow their drivers to use hand-held mobile telephones will be $11,000.00 for each violation. This is how serious this matter now is!

Possibly, your next thought is “Why is the government only looking for ways to make life harder on truck drivers? Teenagers, businessmen, and businesswomen travel the highways all day long talking on their cell phones. Some are even texting, yet nothing is said or done about the dangers they can create!”

Well, here’s what’s next regarding that question. Less than two months ago, on December 13, 2011, the National Transportation Safety Board recommended banning all U.S. drivers from using cell phones, including texting — even with headsets or portable speakers — while driving. Much more is to be discussed on this matter and will ultimately have to be adopted by each state since the states have the authority over driver behavior. But just as the mandatory use of seatbelts was passed and is strictly enforced by law enforcement, don’t be surprised if a ban on cell phone use is imposed on all drivers in the near future.

The fact is this: Driving any vehicle can be dangerous. Included in the rankings of “The Most Dangerous Jobs in the U.S.,” the profession referred to as “Truck Driver” usually falls in the list of the top ten in all research studies. Eliminating distractions while driving, such as using a hand-held mobile telephone, may not improve this profession’s ranking. But why should this hard working profession be any more dangerous than it has to be?

Bob Rose is an Editor — Transport Management for J. J. Keller & Associates, Inc. Contact him at transporteditors@jjkeller.com. Also be sure to check out J. J. Keller’s website at jjkeller.com.