The Issue
Distracted driving can include any number of activities, however, typically the media and public officials are mainly referring to texting and cell phone use when using the term.
OOIDA POSITION ON DISTRACTED DRIVING:
Professional truckers are the safest drivers on the road per vehicle miles traveled. They have a vested interest in highway safety as their lives and livelihoods quite literally depend on it.
Every day on roadways across America, professional truckers witness drivers operating vehicles while engaged in activities that significantly impede their ability to attend to the task of driving safely. Experience has shown these professionals that in particular drivers sending text or email messages while operating a vehicle are a significant hazard to themselves and other roadway users.
OOIDA supports government efforts to prohibit motorists from sending text or email messages while operating a moving vehicle. OOIDA also calls upon government entities to aggressively pursue opportunities to educate the motoring public on safe driving practices and encourages law enforcement agencies to fully enforce existing laws pertaining to inattentive or negligent driving.”
Legally prohibiting the use of electronic handheld devices for texting, emailing or telephone calls while operating a vehicle is primarily something that must be done on a state by state basis, however the U.S. Department of Transportation has some jurisdiction over interstate operators.
Current legislation on Distracted Driving:
In addition to state efforts, three Congressional bills addressing distracted driving are at the center of the federal debate. Two of those bills are Senate and House companion pieces known as “Avoiding Life-Endangering and Reckless Texting by Drivers Act” or the “ALERT Drivers Act” (S.1536 /H.R.3535) which were introduced in the Senate by Senator Chuck Schumer (D-NY) and in the House by Congresswoman Carolyn McCarthy (D-NY).
The third bill, which OOIDA has endorsed, is S1938, the Distracted Driving Prevention Act of 2009 introduced by John Rockefeller of (D-WV) and Frank Lautenberg (D-NJ). This bill contains similar objectives to the companion bills mentioned above, but attempts to accomplish them by offering states incentives to ban distracted driving activities without removing critical highway funding. OOIDA has chosen to endorse this bill because we not only recognize the hazards of distracted driving, but also believe that states should sometimes have the flexibility to determine their own laws. In addition, our roadways are in peril and states certainly are in need of additional grant money to improve roadway conditions.
The Status
On March 31, 2010, U.S. Transportation Secretary Ray LaHood announced a notice of proposed rulemaking (NPRM) to prohibit texting from electronic devices by commercial motor vehicle (CMV) drivers while driving in interstate commerce and to impose sanctions, including civil penalties and disqualification from operating CMVs in interstate commerce, for drivers who fail to comply with the rule.
Going further than the regulatory guidance announced in January 2010, this proposed federal rule would make permanent the ban on texting by interstate commercial truck and bus drivers. The first texting offense, and each subsequent offense, would lead to a fine of up to $2,750. If a driver commits a second offense within three years he would be disqualified for at least 60 days. Three offenses within three years would lead to a 120-day disqualification.
During the second Distracted Driving Summit, held Sept. 21, 2010 Secretary LaHood announced the texting NPRM was now a Final Rule and that the “law of the land” now prohibits all interstate CMV operators from texting while driving. He also announced an NPRM to prohibit hazardous materials haulers from texting while driving. While interstate hazmat haulers are already covered by the final rule, this additional effort is intended to cast a wider enforcement net to also cover intrastate hazmat haulers who are under the jurisdiction of the Pipeline and Hazardous Materials Safety Administration (FMCSA does not have jurisdiction over intrastate CMV operators).
What we can do
Members and concerned citizens can contact their lawmakers in Washington, DC and in state capitals to express their thoughts on the issue of distracted driving.
The texting Final Rule for interstate operators can be viewed online either at FMCSA’s website or at a new site called “Regulation Room” (www.regulationroom.org). Regulation Room, which the Department of Transportation is offering in cooperation with the Cornell eRulemaking Initiative, offers a plain-language explanation of the rule and a link for commentary.
To contact state lawmakers: