U.S. DOT Ban Hand-Held Cell Phone Use

1. U.S. DOT Ban Hand-Held Cell Phone Use

2. Course Objectives • Understand the risk of using cell phones while driving • Understand the requirements of 49 CFR 177; 49 CFR 383, 384, 390, 391, and 392 • Know your state laws regarding cell phone use and text messaging.

3. Does your state have special restrictions on the use of cell phones

4. 6 CELLPHONEUSE/DISTRACTEDDRIVING Doesyourstatehavespecialrestrictionsontheuseofcellphones? Textingwhiledrivinghasrecentlyemergedasamajorpublicsafetyissue.There’sbeenacon- siderableamountofcommentaryaboutthedangersofdistracteddriving,especiallywhenthe distractioniscausedbytexting.TheOccupationalSafetyandHealthAdministration(OSHA) hasofficiallydeclaredtextingwhiledrivingaworkplacehazardandanOSHAviolation,and theNationalTrafficSafetyBoardrecentlyrecommendedatotalbanontheuseofcellphones andsimilardevicesbydrivers.. Inanopenlettertoemployers,OSHAexplainedthatitistheemployer’s“responsibilityand legalobligationtocreateandmaintainasafeandhealthfulworkplace,andthatwouldinclude havingaclear,unequivocalandenforcedpolicyagainstthehazardoftextingwhiledriving. Companiesareinviolationof[OSHAregulations]if,bypolicyorpractice,theyrequiretexting whiledriving,orcreateincentivesthatencourageorcondoneit,ortheystructureworksothat textingisapracticalnecessityforworkerstocarryouttheirjob.”OSHAwarnsemployersthat itwillinvestigatecomplaintsandimposepenaltiesoncompaniesthatfailtocomplywithits guidelines. TheU.S.DepartmentofLaborandtheU.S.DepartmentofTransportationhavepartnered withOSHAinitsdistracted-drivinginitiative,makingitclearthatlawmakersandgovernment agenciesarefocusedonendingdistracteddriving.OSHA’sedictfollowsmanystatesthathave alreadyenactedbansontextingwhiledriving. CELLPHONEUSE/DISTRACTEDDRIVINGn6–1

5. Doesyourstatehavespecialrestrictionsontheuseofcellphones? 6–2nCELLPHONEUSE/DISTRACTEDDRIVING

6. Doesyourstatehavespecialrestrictionsontheuseofcellphones? CELLPHONEUSE/DISTRACTEDDRIVINGn6–3

7. Doesyourstatehavespecialrestrictionsontheuseofcellphones? 6–4nCELLPHONEUSE/DISTRACTEDDRIVING

8. Other Sources of Cell Phone State Laws • http://www.ghsa.org/html/stateinfo/bystate/index.html • http://www.distraction.gov/content/get-the-facts/state-laws.html

9. Distracted Driving Risks • Distracted Driving • Distracted driving is a dangerous epidemic on America's roadways. • In 2010 alone, over 3,000 people were killed in distracted driving crashes. • In 2008, 28% of all crashes attributable to cell phones • 645,000 injuries

10. Distracted Driving Cell phone users 4x as likely to crash 81% of drivers admit to talking on cell phone while driving More than 1.6 million crashes are caused by cell phone use and texting while driving each year

11. U.S. DOT Ban Hand-Held Cell Phone Use • Every time a commercial truck or bus driver takes his or her eyes off the road to use a cell phone, even for a few seconds, the driver places everyone around them at risk," said U.S. Transportation Secretary Ray LaHood

12. U.S. DOT Ban Hand-Held Cell Phone Use • The Federal Motor Carrier Safety Administration (FMCSA) rule would; • prohibit commercial drivers • from reaching for, holding or dialing a cell phone while operating a CMV

13. U.S. DOT Ban Hand-Held Cell Phone Use • Drivers who violate these restrictions would face federal civil penalties • up to $2,750 for each offense • and disqualification of their commercial driver's license (CDL) for multiple offenses. • Additionally, states would suspend a driver's CDL after two or more violations of any state law on hand-held cell phone use.

14. U.S. DOT Ban Hand-Held Cell Phone Use • Motor carriers that allow their drivers to use hand-held cell phones while driving would face a maximum penalty of $11,000.

15. Restricting the Use of Cellular Phones • 49 CFR 177; 49 CFR 383, 384, 390, 391, and 392 - Drivers of CMVs: Restricting the Use of Cellular Phones • FMCSA and PHMSA have amended the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs).

16. Summary • Distracted driving is a dangerous epidemic on America's roadways. • Cell phone users 4x as likely to crash • 49 CFR 177; 49 CFR 383, 384, 390, 391, and 392 - Drivers of CMVs: Restricting the Use of Cellular Phones