In a previous alert, we informed readers of a final rule prohibiting commercial bus and truck drivers from texting while operating commercial motor vehicles. The final rule took effect on October 21, 2010. The Federal Motor Carrier Safety Administration ("FMCSA"), the agency of the Department of Transportation that promulgated the no-texting rule, recently increased its efforts to combat distracted driving by commercial bus and truck drivers with a new proposed rule.
On December 21, 2010, the FMCSA published a proposed rule in the Federal Register which would prohibit commercial truck and bus drivers from holding, reaching for, or dialing their cell phones while driving. Drivers who violate the rule would be subject to a penalty of up to $2,750 for each offense, and drivers could have their commercial driver's licenses revoked for multiple offenses. Employers that allow or require their drivers to use cell phones while driving would be subject to a penalty of up to $11,000. An estimated 4 million commercial drivers are expected to be affected by the proposed rule.
Although the rule proposes restrictions on hand-held mobile-phone use and does not ban hands-free mobile technology, the FMCSA has also requested comments from the public on "the feasibility, operational impact, and safety benefits of prohibiting hands-free mobile telephone technology" by commercial truck and bus drivers. Members of the public may submit comments regarding the proposed rule online at http://www.regulations.gov, by fax to (202) 493-2251, or to the Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Ave., S.E., Washington, D.C. 20590-0001. All submissions must reference docket number FMCSA-2010-0096. Comments must be submitted by February 22, 2011.
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