Mobile Phone Rule Changes: How CMV Drivers Communicate on the Road

Here is recent information about cell phone use in CMV published by RiskControl360:

All drivers of Commercial Motor Vehicles (CMV) should know by now about the new rule restricting their use of hand-held mobile telephones and devices. This rule was adopted by the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration and went into effect on January 3, 2012.


The purpose of the rule is to help reduce distracted driving and prevent roadway accidents, injuries and fatalities. According to the FMCSA, the odds of a driver being involved in a safety-critical event, such as an unintentional lane deviation, crash or near-crash, are 6 times greater when dialing a mobile phone while driving than when not doing so. Similarly, CMV drivers are 23 times more likely to be involved in a safety-critical event while texting and driving versus when not texting and driving.

Therefore, the rule restricts CMV drivers from reaching for or holding a mobile telephone while operating their vehicle, or pushing more than one button to operate the device. What this means is that the device must either be mounted or otherwise securely within reach at the control panel. In short, CMV drivers who use a mobile phone while driving can only operate a hands-free phone located in close proximity and cannot unsafely reach for a device, hold a mobile phone, or press multiple buttons.

So what are drivers still permitted to do?

-Locate the mobile phone so it is operable by the driver while restrained by properly adjusted safety belts.

-Utilize an earpiece or the speaker phone function.

-Use voice-activated or one-button touch features to initiate, answer, or terminate a call.


Drivers found not in compliance with these rules can face civil penalties of $2,750 and disqualification for multiple offenses. In addition, employers are prohibited from requiring or allowing their drivers to text or use a hand-held mobile phone while driving and may be subject to civil penalties up to $11,000.

CMV drivers wishing to comply with the new rules and improve roadway safety can follow FMCSA’s simple slogan: No Call, No Text, No Ticket!

For more information, please contact RiskControl360’s Group Safety Coordinator, Lisa Shaver at (877) 360-3608 ext. 2367.

New Ohio State Wide Texting Law

On June 1st Ohio Gov. John Kasich signed into law a state wide texting while driving ban. The law will go into force in 90 days from June 1st. This new law has tougher restrictions on those under 18. If you are under 18 you are not allowed to use a cell phone at all in a car when you are driving, hands free or not. Those over 18 are still allowed to make phone calls on their phones and are allowed to use the phone to dial while driving. They are just not allowed to send or read texts while driving. Also, for those under 18 the phone use law is a first offense meaning if a police officer sees a person under 18 using a phone while driving they can be pulled over and ticketed just for that offense. Those over 18 can only be ticketed for texting while driving if they were also pulled over for another violation such as speeding, running a red light, etc.

The law is a misdemeanor for drivers with fines up to $150. If you are under 18 you’re first offense could be $150 fine with a 60 day license suspension. A second offense for those under 18 is $300.

Feds urge states to ban texting and talking on the roads

Tuesday, the National Transportation Safety Board (NTSB) announced that in their opinion texting, emailing or chatting while driving is simply too dangerous to be allowed anywhere in the United States. They are urging all states to impose a total ban except for emergincies. Presently, 35 states plus the District of Columbia ban texting while driving, and thirty states ban all cellphone use for beginning drivers. Enforcement is sketchy and no states ban the use of hands-free devices for all drivers. The NTSB says they are seeing increasing texting, cellphone calls and other distractions by drivers in accidents involving all kinds of transportation. It is common for law enforcement officers to immediately request the preservation of cell phone and texting records when an accident investigation begins. While no states ban hands-free use, the NTSB's recommendation that hands-free use of cell phones be banned, too, will carry much weight with federal regulators, Congress and state law makers.

Texting

Recently this article was posted as an editorial in the April 5th, 2010 Toledo Blade. We here at Fey Insurance Services thought it might be of interest as it could be something that affects all of us on the road.

Article published April 05, 2010Time to ban texting
The Michigan Senate took a fairly dramatic step a few days ago. Lawmakers had earlier voted to make the highly dangerous practice of text messaging while driving illegal - but only as a secondary offense, meaning police could only cite you for it if they first pulled you over for something else.

Since anybody who sees flashing red lights is apt to stop texting immediately, this meant the law would be little more than eyewash. But the GOP-controlled Senate reversed itself, voted to make texting a primary offense carrying an immediate fine, and sent the bill back to the House.

Why the change of heart? Senators were shaken by a teenager in Ottawa County who was killed when he took his eyes off the road to text-message his girlfriend. The boy was far from the first victim; three years ago, St. Louis Cardinals pitcher Josh Hancock was sending a text message when he crashed into a flatbed truck and was instantly killed.

The danger of this phenomenon may not be sufficiently understood by lawmakers in their 40s and 50s, who usually aren't part of the text-message generation. But it is increasingly how young people communicate, and being on the road with drivers looking down to punch a tiny keyboard on their cell phones ought to scare anyone who isn't in a Sherman tank.

The text-messaging bill's main sponsor, state Rep. Lee Gonzales (D., Flint), knows what that means. He introduced the legislation after his pregnant daughter-in-law was rear-ended by a woman punching away on her cell phone. Fortunately, she and the baby both survived.

The day before the Michigan vote, the Ohio House passed a similar bill that would make texting a primary offense, though it would not allow police to issue fines for six months. The Ohio Senate and the Michigan House should speedily ratify the work of their respective other chambers, and join 20 other states that have banned the practice.

Thanks to seat belts and safer cars, highway deaths in the nation last year were lower than in any year since 1954. It would be tragic if we allowed modern communications technology to send the death toll spiraling skyward once again.