Texting Ban Should Apply to ALL Drivers

by Billy Woolsey, President
Midwest Compliance Inc.


“Dad , watch out for that idiot !” is how my 15 year old son in the passenger seat brought my attention to the mini-van veering into my lane. A quick glance revealed a driver with her head angled down towards the screen of a cell phone. Had this lady been operating a commercial motor vehicle, she would be subject to a $2750 ticket for herself and an $11,000 fine for her company. With a severity weight of 10 for this violation, their CSA scores would be hit as well. It is also a disqualifying offense for CDL holders.

Currently there are around 30 states that do ban texting while driving for everyone and another 8 who ban texting for novice (under age 18) drivers. Of course, since October 2010 , all CDL operators are banned by federal law from the practice. CMV drivers are, and certainly should be, held to a higher standard. The licensing requirements, drug and alcohol testing, oversight by Federal Motor Carrier Safety Administration and law enforcement agencies all place an added burden on commercial drivers as opposed to what the motoring public has. Yet, statistics invariably point to approximately 70 percent of accidents involving large trucks and cars being caused by ….. cars.

Each day I get a summary from FMCSA that details all fatal (or significant) crashes involving commercial motor vehicles. Many times the investigation report indicates that a “four wheeler” lost control, crossed the center line or blew through a stoplight and was subsequently struck by the commercial vehicle. No doubt much of this may be attributed to weather conditions. I saw a report a few weeks ago that there had been over 900 fatal accidents this year caused by snow or ice on the roadways. I live in Minnesota and know about snow and ice! It does make you question if a deeper investigation would ultimately show someone had been texting, reading emails or dialing a number when they “lost control in icy conditions”.

Personally, I’m very conservative and don’t like the “nanny state” approach to government regulations. I understand that seat belts absolutely save lives and the first thing I (and my passengers) do is buckle in. I don’t like it being mandatory though – it’s my responsibility and my safety at risk. Does anyone understand optional helmet use for motorcyclists under this concept? But, as the old adage goes – My right to swing my fist through the air ends at the tip of YOUR nose. Distracted driving doesn’t limit the risk to the person staring at a screen while steering a vehicle. Every time a driver decides to take their eyes off the road and read or compose a text message, it places your life and the lives of your loved ones in danger needlessly.

This should be a bipartisan issue. I encourage everyone to address this with their legislators.

Laundry List of FMCSA 'Proposed' Rules

Since late December 2010, a slew of Proposed Rules have been published that will potentially affect our industry. You are urged to comment on these proposals:

Notice of Proposed Rule - Released by FMCSA on 01-31-11:
Electronic On-Board Recorders and Hours of Service Supporting Documents
SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to require certain motor carriers operating commercial motor vehicles (CMVs) in interstate commerce to use electronic on-board recorders (EOBRs) to document their drivers’ hours of service (HOS). Under this proposal, all motor carriers currently required to maintain Records of Duty Status (RODS) for HOS record keeping would be required to use EOBRs to systematically and effectively monitor their drivers’ compliance with HOS requirements.

Additionally, this proposal sets forth the supporting documents that all motor carriers currently required to use RODS would still be required to obtain and keep, as required by section 113(a) of the Hazardous Materials Transportation Authorization Act (HMTAA). It explains, however, that although motor carriers subject to the proposed EOBR requirements would still need to retain some supporting documents, they would be
relieved of the requirements to retain supporting documents to verify driving time. FMCSA also proposes to require all motor carriers-- both RODS and time card users-- to systematically monitor their drivers’ compliance with HOS requirements. Motor carriers would be given 3 years after the effective date of the final rule to comply with these requirements.

Last year, the U.S. Court of Appeals for DC ordered FMCSA to issue a notice of proposed rule making (NPRM) on HOS supporting documents by the end of the year. In December, the court gave the agency another month - until January 31 - to comply. The court order stemmed from a lawsuit that ATA filed just over a year ago to compel FMCSA to move forward with a regulation as mandated by Congress in the mid-1990s. By the time ATA filed its lawsuit, FMCSA had already announced that it was planning to link new regulations on supporting documents to an expansion of the EOBR mandate. FMCSA says the supporting documents of this new proposal fulfills the court's order. In addition, FMCSA issued a final rule in April 2010 requiring carriers that have a history of serious log violations to install EOBRs. That rule takes effect in June 2012. Carriers that violate this EOBR requirement would face civil penalties of up to $11,000 for each offense. Noncompliance would also negatively impact a carrier's safety fitness rating and DOT operating authority.

The comment period begins once the proposed rule is published in the Federal Register. The proposal can be accessed here.

Highway-Rail Grade Crossing; Safe Clearance
Publication Date 01/28/11
Comment By Date 03/29/2011

SUMMARY: FMCSA and PHMSA propose to amend the Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs), respectively, to prohibit a motor vehicle driver from entering onto a highway-rail grade crossing unless there is sufficient space to drive completely through the grade crossing without stopping.

Click here to read the proposal and instructions for filing comments.


Hours of Service
Publication Date: 12/29/10
Comment By Date: 02/28/11
SUMMARY: To promote safety and to protect driver health, FMCSA proposes to revise the regulations for hours of service for drivers of property- carrying commercial motor vehicles (CMVs). To achieve these goals, the proposed rule would provide flexibility for drivers to take breaks when needed and would reduce safety and health risks associated with long hours. The proposed rule would make seven changes from current requirements. First, the proposed rule would limit drivers to either 10 or 11 hours of driving time following a period of at least 10 consecutive hours off duty; on the basis of all relevant considerations, FMCSA currently favors a 10-hour limit, but its ultimate decision will include a careful consideration of comments and any additional data received. Second, it would limit the standard ``driving window'' to 14 hours, while allowing that number to be extended to 16 hours twice a week. Third, actual duty time within the driving window would be limited to 13 hours. Fourth, drivers would be permitted to drive only if 7 hours or less have passed since their last off-duty or sleeper-berth period of at least 30 minutes. Fifth, the 34- hour restart would be retained, subject to certain limits: The restart would have to include two periods between midnight and 6 a.m. and could be started no sooner than 168 hours (7 days) after the beginning of the previously designated restart. Sixth, the definition of ``on duty'' would be revised to allow some time spent in or on the CMV to be logged as off duty. Seventh, the oilfield operations exception would be revised to clarify the language on waiting time and to state that waiting time would not be included in the calculation of the driving window.

Click here to read the proposal and for comment instructions.

Restricting the use of Cellular Phones
Publication Date: 12/21/2010
Comment By Date: 02/22/2011

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) proposes to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers of commercial motor vehicles (CMVs) while operating in interstate commerce. The Agency proposes new driver disqualification sanctions for interstate drivers of CMVs who fail to comply with this Federal restriction and new driver disqualification sanctions for commercial driver's license (CDL) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, interstate motor carriers would be prohibited from requiring or allowing drivers of CMVs to engage in the use of a hand-held mobile telephone while operating in interstate commerce. This rulemaking would improve safety on the Nation's highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs.

Click here to access the proposal and instructions for filing comments

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