DOT Issues Multiple Regulations Banning Wireless Devices

Submitted by scott.madar on October 1, 2010 - 9:54am

In the September 27, 2010 Federal Register, the Federal Motor Carrier Safety Administration (FMCSA) prohibits texting by commercial motor vehicle (CMV) drivers while operating in interstate commerce and imposes sanctions, including civil penalties and disqualification from operating CMVs in interstate commerce, for drivers who fail to comply with this rule. Additionally, motor carriers are prohibited from requiring or allowing their drivers to engage in texting while driving. FMCSA amends its commercial driver’s license (CDL) regulations to add to the list of disqualifying offenses a conviction under State or local traffic laws or ordinances that prohibit texting by CDL drivers while operating a CMV, including school bus drivers. Recent research commissioned by FMCSA shows that the odds of being involved in a safety-critical event (e.g., crash, near-crash, unintentional lane deviation) is 23.2 times greater for CMV drivers who engage in texting while driving than for those who do not. This rulemaking increases safety on the Nation’s highways by reducing the prevalence of or preventing certain truck- and bus-related crashes, fatalities, and injuries associated with distracted driving.

DATES: The final rule is effective October 27, 2010.
 
Additionally, the September 27, 2010 Federal Register included a notice from the Federal Railroad Administration (FRA) in which the FRA is amending its railroad communications regulations by restricting use of mobile telephones and other distracting electronic devices by railroad operating employees. This rule codifies most of the requirements of FRA Emergency Order No. 26, which is supplanted by this final rule on the date it becomes effective. FRA has revised some of the substantive requirements of that Emergency Order as well as its scope to accommodate changes that FRA believes are appropriate based upon its experience with the Emergency Order and in response to public comments submitted in response to the proposed rule.
 
DATES: Effective March 28, 2011.
 
Also in the September 27, 2010 Federal Register, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a Notice of Proposed Rulemaking which proposes to prohibit texting on electronic devices by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding under part 172 of the 49 CFR or any quantity of a select agent or toxin listed in 42 CFR part 73. 
 
DATES: Comments must be received by October 27, 2010.
 
The FMCSA Final Rule, the FRA Final Rule, and the PHMSA Notice of Proposed Rulemaking are attached.
 
 
AttachmentSize
FMCSA-BanWirelessDevices2010.pdf150.13 KB
FRA_WirelessBan.pdf210.13 KB
PHMSA-HazmatBanWirelessDevices2010-24114.pdf88.88 KB