Hazardous Materials: Restricting the Use of Cellular Phones by Drivers of Commercial Motor Vehicles in Intrastate Commerce

In the April 29, 2011 Federal Register, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a Notice of proposed rulemaking (NPRM)  to restrict the use of hand-held mobile telephones, including hand-held cell phones, by drivers during the operation of a motor vehicle containing a quantity of hazardous materials requiring placarding under Part 172 of 49 CFR or any quantity of a select agent or toxin listed in 42 CFR Part 73. Additionally, in accordance with requirements proposed by the Federal Motor Carrier Safety Administration (FMCSA), motor carriers are prohibited from requiring or allowing drivers of covered motor vehicles to engage in the use of handheld mobile telephones while driving. According to the Federal Register notice, this rulemaking would improve health and safety on the Nation’s highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of commercial motor vehicles.

DATES: Comments must be received by June 28, 2011.

A copy of the notice is attached below.

The proposal follows the recent final rule (February 28, 2011) that prohibits texting on electronic devices by drivers during the
operation of a motor vehicle containing a quantity of hazardous materials requiring placarding or any quantity of a select agent or toxin listed in the Department of Health and Human Services ‘‘Select Agents and Toxins’’ regulations.

A copy of that final rule is also attached below.