Dep't of Transportation may ban all commercial drivers from using cellphones while driving

A crash earlier this year in Kentucky may lead to a comprehensive ban on cellphone use for commercial drivers.  Since December of last year the Dep't of Transportation has considered implementing a ban on all handheld cellphone for the 3 million drivers of tractor trailers and other commercial vehicles.

The Kentucky crash killed 10 people and cellphone records of the truck driver demonstrated that he had used his cell phone 4 times in the minutes before the crash, the last call coming just as his truck left the freeway and crossed the median, going through the cable barrier and hitting a passenger van head on.

Earlier this month, federal safety investigators broadened their recommendations on cellphones and said all commercial drivers should be forbidden to use them, whether hand-held or not, except in emergencies.

“Distracted driving is becoming increasingly prevalent, exacerbating the danger we encounter daily on our roadways,” said the chairwoman of the safety board, Deborah A. P. Hersman. “It can be especially lethal when the distracted driver is at the wheel of a vehicle that weighs 40 tons and travels at highway speeds.” Mr. LaHood referred to such trucks as “80,000-pound unguided missiles.”

You can view the proposed cellphone rule here,  http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rule-programs/rule_making_details.aspx?ruleid=324

Safe Holiday Driving

Memorial Day is one of the deadliest days of the year for motor vehicle accidents.  AAA estimates 35 million drivers will drive over 50 miles this weekend.  Remember to be extra attentive while driving, make sure you have plenty of rest and avoid cell phone conversations without a hands free device and never text while driving. 

While 94% of Americans believe distracted driving is a problem, almost 20% believe they can safely drive while multitasking, including texting.   So not only is it important to make sure you don't drive distracted, it is also important to take extra safety measures to protect yourself and family from other drivers who are distracted.    Keep a safe distance from vehicles in front of you and if you are passing a car or semi, pass smoothly and quickly (within the speed limit). 

If you are hit by a negligent driver another issue with holiday driving is the increased likelihood that the person that hits you will be from another state.   Multiple jurisdictions can raise different legal questions regarding the appropriate standard of care, subrogation, etc.  I recommend you immediately consult an attorney who can make sure your rights are protected, help you get appropriate medical care and make sure the negligent driver takes responsibility for his actions.    Feel free to post specific questions or email me at levarlaw@gmail.com. 

FMCSA Proposes Use of Electronic Recorders

In a welcome move by the FMCSA, they have proposed a new rule that would require commercial truck and bus companies to install electronic on-board records (EOBRs) to monitor the number of hours a driver is in service.  Currently many drivers use a written log book to record the time they are driving, the time they are resting, unloading, etc.   These logbooks are often inaccurate and can be easily modified by the driver to show that he is in compliance even when he isn't. 

Under the new rule, those logbook entries would be more uniform and accurate, as the electronic data would show when the truck was moving and when it was at rest.  Drivers who drive longer then the hour of service regulations allow will no longer be able to easily modify their logbooks to cover up their hours of service violations.  This will likely lead to fewer hours of service violations, less fatigued drivers, and fewer wrecks.

As might be anticipated, many trucking companies and associations are complaining and the typical complaint is that new requirements will increase costs and unduly burden small operators.  I was skeptical of this complaint and did some research on my own.  I contacted 3 companies that offer EOBR equipment to trucking companies and solo drivers.  The most expensive unit was $3,000 from one company.  The other 2 companies offered the units for free if you signed a 2 or 3 year contract for a $35 to $40 monthly service fee that included software updates, real time online reports of your driving history and a number of other reports to meet state specific reporting requirements.  

Currently a trucker would pay between $3 and $10 a month for the physical logbooks, so this does increase their costs by $25-$35 per month.  However, it also seems to make reporting easier, as reports can be generated automatically. 
 
Once the public comment period opens up, I will post a link here so that anyone wishing to comment on the new regulation may do so.  I would encourage everyone to support this regulation and post a comment indicating that support. 

FMCSA Proposes Rule on Hours of Service for Truck Drivers

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) issued a regulatory proposal that would revise hours-of-service (HOS) requirements for commercial truck drivers.

Although I won't go into a lot of detail on all the changes,  one of the most significant is the daily hours of service.  Currently most drivers are allowed to drive a maximum of 11 hours per day and be on-duty a maximum of 14 hours per day.   The new proposed rule would reduce the maximum on-duty hours to 13 per day and comments are being requested on moving the maximum driving hours to 10.  More details about other changes can be found at the department's website here.

The reduction in hours on duty per day and maximum driving hours will undoubtedly save lives and reduce the number of tractor-trailer wrecks.  The National Transportation Safety Board reports that driver fatigue is a factor in 30 to 40 percent of trucking accidents annually.   

There is a 60 day window from December 29, 2011 in which the public can comment on the proposed changes.  I encourage everyone to visit the FMCSA's Web site and encourage a 10 hour maximum driving rule.  Click here to be taken to the comment page of the U.S. Department of Tranportation's website, or go to http://www.fmcsa.dot.gov/rules-regulations/topics/hos-proposed/comments.aspx#online.