HAND-HELD CELL PHONE BAN FOR DRIVERS OF BUSES AND LARGE TRUCKS

In an earlier Memo in December we sent out the US DOT Final Rule that bans hand-held cell phone use by Commercial Motor Vehicle Drivers. We feel it might be helpful to clarify that the FMCSA has commentary that provides both rationale for and limitation of this exception. The rule will become effective January 3, 2012 for the use of hand-held telephones in commercial motor vehicles engaged in interstate commerce:

Emergencies

Some commenters thought that the NPRM prohibited CMV drivers from making emergency calls. Commenters believed that calls could not be made to law enforcement to report vehicle accidents, drunk drivers, or other roadside emergencies.

UMA noted that its members have largely responded to its advisory on the inherent risks of using cellular phones, and have developed and enforced FMCSA Response.

The Agency agrees with the UMA and the many companies whose cell-phone policies continue to allow the use of mobile telephones to contact law enforcement in cases of emergency and for security purposes.

The Agency, however did not propose to prohibit CMV drivers from placing emergency calls. In the NPRM, the Agency said “Emergencies.” Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services” (75 FR 80033, Dec. 21, 2010).

The final rules allows a CMV driver to use either a hand-held or hands-free mobile telephone to contact law enforcement or other emergency services for such purposes as reporting and accident or drunk driver. (Emphasis added)

U.S. Transportation Secretary, Ray LaHood, announced the final rule explaining that the joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action by the U.S. Department of Transportation to end distracted driving.

“When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be really deadly,” said Secretary LaHood. “I hope this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel.”

In an accompanying statement, FMSCA Administrator, Anne. S. Ferro said, “This final rule is a giant leap for safety. It’s just too dangerous for drivers to use a hand-held cell phone while operating a commercial vehicle. Drivers must keep their eyes on the road, hands on the wheel and head in the game when operating on our roads. Lives are at stake.”

Many of the largest truck and bus companies, such as UPS, Covenant Transport, Wal-Mart, Peter Pan and Greyhound already have company policies banning their drivers from using hand-held phones.

The general feeling in the towing industry is that it would not be prudent to assume the exception is any broader than described in the commentary above. It appears that it does not extend to unlimited communications between tow operators as responders and law enforcement and any other emergency services.

TRAA. as a highway safety advocate, understands the need to employ such regulations to reduce instances of distracted driving, a primary cause of highway crashes.

Final Rule:
http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30749.pdf

USAC‐MD Commits $8000 For Online Certification

The USAC donation means savings on your Level 1 Online Certification testing costs. USAC members will save $40 and non-members $20. Learn more (PDF 83KB)

CVSA Roadcheck Results for 2011

Results from Roadcheck 2011 (PDF 15KB), the three-day, commercial vehicle safety enforcement and education campaign organized annually by the Commercial Vehicle Safety Alliance (CVSA), reveal that the commercial motor carrier and motor coach industries continue to improve the maintenance and safety of their operations, with overall out-of-service (OOS) rates being the lowest since Roadcheck began in 1991.

Nearly 8000 CVSA and FMCSA certified inspectors at 2,550 locations across North America performed 70,712 truck and bus inspections in 72 hours. Inspectors focused on the North American Standard (NAS) Level 1 inspection, motor coach inspections, Hours of Service logbooks and household goods carriers. It is unclear how many tow trucks were included in this Roadcheck , but it is good to see that the compliance rate continues to climb…safety being the focus! Allan Gregg, President, CVSA

New Research Reveals Truck Driver Concerns With CSA

The American Transportation Research Institute (ATRI) has released a report detailing the extent to which CSA has exerted an influence on the daily lives of commercial drivers. ATRI’s report also describes and analyzes driver attitudes toward and comprehension of FMCSA’s new regulatory program, based on survey data collected from 4,555 U.S. truck drivers.

While findings reveal that truck drivers continue to have myriad concerns related to CSA, ATRI discovered that drivers may not have a solid understanding of what CSA is and does. Among the findings, over 77 percent of drivers incorrectly believe that a trucking company inherits past violations from new hires. Job security concerns still exist, with nearly two-thirds of drivers somewhat or extremely concerned that they will lose their jobs as a result of CSA.

"ATRI’s study clearly points out that motor carriers, state trucking associations and FMCSA collectively need to do more to educate drivers about CSA and what it does and doesn’t mean for their jobs," commented Ed Crowell, Georgia Motor Trucking Association President and CEO.

To obtain a copy of the ATRI CSA Driver Survey Report, visit www.atri-online.org.

NTIMC Activities

The National Traffic Incident Management Coalition (NTIMC) is a unique forum where national organizations representing major stakeholders involved in traffic incident response work together. Our members represent the Emergency Medical Services, Fire, Law Enforcement, Public Safety Communications, Towing and Recovery, and Transportation communities. NTIMC promotes multidisciplinary, multi-jurisdictional Traffic Incident Management (TIM) programs.

New Legal Action Campaign

Many thanks, to the contributors of the Legal Action Fund.

Happy New Year! Thank you for your generous contributions to the Legal Action Fund in 2011. Moving forward in 2012 we will continue to raise funds and protect the interest of the towing industry. With your continued support, towers will have a voice and call into action a legal defense team to challenge difficult issues if necessary.

We depend on your donations to establish a strong defense fund and raise awareness to an important cause. There are Five Tiers of donation levels; Bronze $50, Silver $100, Gold $150, Platinum $200, and Diamond $250. Click here to donate now or download the Legal Action form and mail in a check or money order to TRAA, 2121 Eisenhower Avenue, Suite 200 Alexandria VA 22314.

Special Thanks to:

Diamond

Redmond Fleet Services

Platinum

 

Gold

A.J. Ross, Jr.
Clearfield, PA

Silver

Null’s Towing
Cochranville, PA

Bronze

Rau’s Towing Service
Montague, MA

Battleground Tire & Wrecker
Burlington, NC

Consolidated Towing
Bend, OR

Kabus Auto Body & Recovery
Independence, WI

Tomei’s Towing Service
McKees Rock, PA

USA Towing
New Egypt, NJ

TOP