CLICK THE COVER
TO
VIEW THE DIGITAL VERSION!
|
|
Total Cell Phone Ban
|
|
November 2011
|
|
by Mike Howe
|
|
Category: Driving Through DC
|
|
|
| |
Distracted-driving issues have been at the forefront of policy making for the U.S. Department of Transportation (DOT) for several years now, and there may be more proposed regulations on the way. In the fall of 2009 Secretary Ray LaHood held a distracted-driving summit to discuss a variety of distractions, but focused primarily on texting and driving. Since then, though, the distracted-driving movement has gravitated toward a complete ban on cell phone use by professional drivers - potentially banning even hands-free cell phone usage.
In September of this year, the National Transportation Safety Board (NTSB) proposed that cell phone use be banned. Of course, the NTSB does not have regulatory powers, but it can and has encouraged the Federal Motor Carrier Safety Administration (FMCSA) to issue new regulations. The NTSB cites a March 26, 2010, accident near Munfordville, Ky., when a truck driver went through a median and crossed into oncoming traffic on Interstate 65. Tragically, the truck struck a passenger van and killed 10 of 12 occupants.
There is no way to describe just how horrific and tragic that accident was. The cause of the accident was determined to be distracted driving, with the driver making calls on his cell phone in the moments leading up to the accident. Due to the severity of the accident and the determined cause, this accident has become a driving force behind the move to ban cell phone usage.
"Distracted driving is becoming increasingly prevalent, exacerbating the danger we encounter daily on our roadways," said NTSB Chairwoman Deborah A.P. Hersman. "It can be especially lethal when the distracted driver is at the wheel of a vehicle that weighs 40 tons and travels at highway speeds."
What's interesting is that having the NTSB recommend to the FMCSA that a total cell phone ban be implemented basically sets the FMCSA up to appear reasonable. This is because in December 2010 the FMCSA had already issued a proposed rule to restrict the use of hand-held cell phones (Docket No. FMCSA-201-0096). As of this writing, a final determination on this proposed rule has yet to be issued, but based on the new recommendations by the NTSB it seems unlikely this rule won't be adopted in the near future.
But, what about the NTSB's recommendations that the ban be total - both hand-held and hands-free? The American Trucking Associations (ATA) submitted comments in February 2010 supporting the ban on hand-held cell phone use, but not on hands-free cell phone use. The Owner Operator Independent Drivers Association (OOIDA) submitted comments in February also, but they opposed the restrictions on hand-held cell phones.
The reality of the situation is that there will be restrictions placed on cell phone use. The tragic accident of March 2010 has elevated the issue to a level that brings emotions and politics together. But, what level of restrictions will we end up with?
Certainly a texting ban is a good idea, and it is difficult to reasonably argue against that. However, in a December 2010 'Driving Through DC' article I mentioned a 2010 study by the Highway Loss Data Institute that found no reductions in crashes after hand-held phone bans take effect. So, do such bans work or not? (The study even questioned the effectiveness of texting bans.)
What concerns me the most about the NTSB's encouragement of a full cell phone ban is that it seems to be an incremental move toward limiting multiple communication activities that truckers have come to rely on over the years. OODIA's comments illustrate this. "Indeed, cell phone use is no more distracting than other types of communications and electronic equipment used regularly by truck drivers such as in-cab fleet-management devices, global-positioning and other navigation systems and citizens band (CB) radios ?"
I've mentioned this several columns, but it is worth mentioning again. Political gains are done incrementally. So, yes, a texting ban is a good idea. Yes, perhaps a hand-held cell phone restriction is reasonable. But if that is the case, and what OOIDA says is true, how can we then argue that a CB is not distracting? How can we argue that the other equipment is not distracting? There are good-intentioned people that will work to push the restrictions into those areas beyond cell phones.
Any distracted-driving-related rules and regulations placed on the trucking industry should be placed on the rest of the driving public. Hersman's comments that distracted truck drivers are "even more lethal" simply because they are behind the wheel of a big rig is the perfect example of an emotional scare tactic that does nothing more than attack the professional driver by imposing unnecessary fear in the minds of the general public. Remember, most accidents do not involve truckers.
|
|
|
|