Opinion: Cellphone Rules Offer Opportunity

By Abigail Potter

Policy and Regulatory Affair Research Analyst

American Trucking Associations

This Opinion piece appears in the Jan. 23 print edition of Transport Topics. Click here to subscribe today.

On Jan. 3, rules drafted by the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration went into effect, prohibiting interstate commercial motor vehicle drivers and intrastate hazardous materials drivers from holding, dialing or reaching for a mobile phone.

The agencies put forward this rule in response to the growing problem of distracted driving. In 2009, the National Highway Traffic Safety Administration reported that 5,474 people were killed and an estimated 448,000 injured in crashes involving driver distraction. NHTSA’s data also showed that 16% of all fatal crashes involved reports of distracted driving.

Despite these numbers, some within the trucking industry are skeptical of the safety benefits of the rule and view it as another example of government regulation imposing additional financial burdens on an already overregulated industry.

As with any regulation, American Trucking Associations has concerns with some parts of this new nationwide ban, particularly the penalties FMCSA and PHMSA can impose on violators. ATA questions the size of the fines — $2,750 for drivers and $11,000 for carriers — which puts the violation on par with driving under the influence of a controlled substance. Furthermore, ATA has concerns about the rule punishing carriers for the behavior of a driver, even if those companies have policies in place to prohibit talking or texting.

However, despite these concerns, ATA has been a strong supporter of bans on using a handheld cellphone to talk or text, not just for commercial drivers but for anyone behind the wheel. Many fleets already have policies in place to prohibit these activities, so this new regulation will serve only as further incentive for carriers to do the right thing.

As the trucking industry has grown and developed, it often has championed safety-related causes. Examples of this leadership include:

• The development of mandatory drug and alcohol testing.

• Prohibitions on radar detectors within the cab.

• Pre-employment screens for crashes and serious safety violations .

• Requiring the wearing of safety belts.

Trucking’s safety leadership has been a major contributor to a nearly 50% decline in truck-involved highway fatalities since 1979, even as trucks continue to haul more freight more miles.

Distracted driving is yet another opportunity for the trucking industry to lead. While, as an industry, we strongly support the rule and promote the safe use of mobile phones within our own fleets, we cannot single-handedly reduce the number of fatalities related to distraction. The safety standards that now apply to the trucking industry should be applied to all drivers in order to significantly reduce distracted-driving crashes, so ATA has called on legislators at the state and federal level to impose similar restrictions on cellphone use.

Distracted driving has been a signature issue for Transportation Secretary Ray LaHood, and for elevating the issue, he should be applauded.

However, while educational campaigns can be an effective tool in educating the driving public about improving one’s own safety out on the road, in reality they work only when coupled with strong enforcement and penalties.

For example, the “Click It or Ticket” campaign developed by NHTSA to increase safety belt use for all drivers, and the “Phone in One Hand, Ticket in the Other” campaign spearheaded by the New York and Connecticut departments of Transportation to reduce handheld use of mobile phones, combined education and enforcement to effectively save lives.

We urge Congress to take a more proactive approach to reduce the number of distracted driving crashes. H.R. 1772, titled the Distracted Driving Prevention Act 2011 and sponsored by Rep. Eliot Engel (D-N.Y.) is an excellent first step. If this legislation is  enacted, states could receive grants for making the use of handheld phones to talk or text while driving a primary offense. It also would completely ban the use of mobile phones, including hands-free devices, for all drivers under the age of 18.

Over the years, our roads have become a remarkably safer place to travel. However, this trend can continue only if we work together. Congress and regulatory agencies will improve truck safety only by adopting rules that have a positive effect both on truck drivers and on the motorists with whom they share the road.

American Trucking Associations is a national trade federation for the trucking industry with headquarters in Arlington, Va., and affiliated associations in every state. ATA owns Transport Topics Publishing Group.