Although, the Federal Distracted Driving Law FMCSA 35-11 has now been a Federal law for more than a year, there are still many questions as to how to become compliant.
Jack Dovey
The Federal Distracted Driving Law FMCSA 35-11 has been in place now for 14 months. The law affects everyone in the Waste Hauling industry. It is very clear as to what the penalties are and what is allowed and not allowed. What has been lacking is the understanding of how the law will be enforced. What we saw in the later part of 2012 and the beginning of 2013 is a real effort to begin aggressively enforcing the distracted driving laws. This year, it would be prudent for all companies to have a manageable solution in place that allows them to communicate and be compliant with the Federal Distracted Driving Law.
How many accidents occur each year due to distracted driving? From 2008 – 2011, according toDepartment of Transportation reports, the following fatalities and accidents have been attributed to distracted driving:
Year Fatalities Injuries
2008 5,838 466,000
2009 5,474 448,000
2010 3,267 416,000
2011 3,331 387,000
What exactly is the Distracted Driving Law and what is involved? When did it go into effect? The federal Distracted Driving Law became a nationwide law on January 4, 2012. It bans the use of a wireless telephone in a commercial vehicle that: Requires a Commercial Driver’s License (CDL) to operate, weighs more than 10,001 lbs, is designed to transport 8 or more people for compensation, is designed to transport 15 or more people not for compensation, transports any quantity of hazardous materials requiring a placard to be displayed on the vehicle, or is a school bus.
According to Distraction.gov, the Federal Motor Carrier Safety Administration (FMCSA) originally banned commercial truck and bus drivers from texting while driving in September 2010, and later banned all hand-held cell phone use by commercial drivers in November 2011.The Distracted Driving Law is a Federal ban for commercial vehicles, which fall under the above criteria and covers both texting and talking on a wireless telephone while driving and while it is the user’s hand.
Individual States also have bans that not only cover the commercial vehicles, but also cars and light trucks. In States that that do not have their own bans yet, they are subject only to the Federal Distracted Driving Law. In States that have bans of their own, the companies are subject to both the State and the Federal. In a State that has enacted a Distracted Driving Law, the local enforcement could give a local ticket and a Federal could actually show up later.
How is a ticket given if there is a violation? Who enforces the law? The ticket can be given indirectly by a local enforcement agency if it is given in one of the 10 states that currently have wireless telephone laws on the books. The ticket will get reported to the Federal DOT when regular fleet inspections are made. The tickets can be issued on the instate highway system by the state patrols or other federal agencies authorized to enforce the law. There are currently two enforcement tests being conducted in the States of Delaware and California. The test is being funded by the Federal Department of Transportation. The entire state of Delaware is participating and 38 police jurisdictions in California. The test was also done in Harford, CT and Syracuse, NY in 2012. The tests were funded with 2.4 million dollars. There were 2,923 citations given out in California, 1,830 given out in Delaware. The enforcement projects were conducted between November 30 and December 9, 2012. There are going to be additional enforcement emphasis in March and April of 2013. The tickets for drivers of commercial vehicles can be up to $ 2,750 per violation and the employer can be fined up to $ 11,000 per incident.
How do the ticket fines progress?Direct tickets can be given while the driver is seen using the telephone. I heard one State has hired 26 new officers to specifically patrol the highways for offenders. I have also been told that if a ticket is issued by a local jurisdiction or a State officer, it will be logged into a national data base and eventually the federal tickets will show up for the employers and the violators. I have also been told that when the State and Federal inspectors come to inspect fleets for safety check ups, which will include reviewing the company’s databases for safety, the violations will and ticketed. The law says that a repeat violator will actually get jail time and will lose their CDL.
How does the Distracted Driver law affect waste haulers? What changes do organizations have to make internally to meet these rules? The only exempt parties’ from the laws are Federal, State or local governments. Waste haulers are not exempt. Waste haulers that are located in one of the 10 States that currently ban wireless telephones need to be aware that if they get a local ticket, the Federal tick will eventually follow. The law holds the employer responsible for the action of the employee regardless if the telephone that may get used is a company telephone or a personal telephone. A company is responsible for the action of the employee even if there is a company rule that bans the use of a wireless telephone while the vehicle is in motion. There are only two ways to not be in violation of the law, the telephone needs to be physically locked in place in the vehicles and cannot be held in an employee’s hand or never have an employee hold a telephone while the vehicle is moving.
What types of tools are available to educate waste haulers on complying with the law? What types of tools are available to help waste haulers keep their drivers in compliance with the law? The Distracted Driving Law specifically says that a wireless telephone can only be used if it is secured to the dash in such a way that the driver can be seated in their seat with their seat belt on and can use the wireless device by pushing one button or using a microphone like a citizen band radio. There are tools that do make the wireless handset compliant. A waste hauler could install permanent hands-free phone units in the vehicles, they could install a commercial grade locking cradle to hold the telephone, they could add a potato (handheld) microphone to the wireless telephone for use while it is locked in to a commercial grade cradle.
Although, the Federal Distracted Driving Law FMCSA 35-11 has now been a Federal law for more than a year, there are still many questions as to how to become compliant. Some may say the simple answer is to no longer use a wireless telephone while conducting business during the day. For those running the day-to-day business this probably is not the best answer. The real answer is to understand the law and take advantage of the innovative devices now available that make a company compliant with the law and at the same time keeps the operation efficient and safe.
Jack Dovey is Marketing Managerat GPS Lockbox (Las Vegas, NV).He has been part of the wireless industry since 1984, working with the major carriers, phone manufactures and software companies to assist their customers to be compliant with the Federal Distracted driving laws. GPS Lockbox is a pioneer in developing state-of-the-art commercial grade mounting and communication devices. Jack was an elected official for 16 years in the State of Washington and brings a good understanding of how the laws work and get enforced. He can be reached at (206) 730-2612 or via e-mail at [email protected].
*The Distracted Driving Law in its entirety can be viewed at www.distraction.gov.