Atlanta Personal Injury Attorney Blog

As of January 3, 2012, commercial drivers in Georgia and across the country can no longer legally use a hand-held cell phone while behind the wheel. The Federal Motor Carrier Safety Administration (FMCSA) created the cell phone ban to curb distracted driving and improve safety on all roadways across the United States by eliminating a common cause of truck accidents.

Many may wonder, however, what exactly the ban prohibits. Specifically, the use of a hand-held cell phone is no longer allowed. A hands-free device, however, is still allowed, which may include an earpiece for the driver or use of the phone's speakerphone capabilities. The tricky piece with the hands-free device is that a driver cannot touch or handle the phone while behind the wheel, including dialing a number to place a call.

The FMCSA specifically describes what a truck or bus driver can do while behind the wheel as follows, "A driver can initiate, answer, or terminate a call by touching a single button on a mobile telephone, earpiece, steering wheel, or instrument panel - comparable to using vehicle controls or instrument panel functions, such as the radio or climate control system."

Starting February 27, 2012, new rules will go into effect limiting the number of hours over-the-road truckers are allowed behind the wheel during the course of a week. The current 11 hour limit on driving time will remain, but truck drivers will be allowed to work only 70 hours per week, rather than the current limit of 80.

Drivers that violate the hours-of-service rules can face fines up to $2,750 per violation. A trucking company that allows its drivers to violate the 11-hours-per-day rule could face fines up to $11,000 per violation.

The Federal Motor Carrier Safety Administration (FMCSA) developed the new rules related to hours of service to combat accidents caused by truck driver fatigue. "This final rule will help prevent fatigue-related truck crashes and save lives," commented Transportation Secretary Ray LaHood.

Over a year ago, Dr. Matthew Burke of Fort Gordon was riding among a group of 15 cyclists when he was struck from behind by the driver of a Durango, who said he either couldn't or didn't see the riders. Just this month, the driver of the Durango pleaded guilty to involuntary manslaughter.

After emotional statements by both the driver and the victim's family, the driver was given a five year sentence. The sentence was suspended to 90 days, to be served on weekends. That was the 'justice' received by the family of the fatal bicycle accident victim.

UPDATE

The recommendation to ban talking and texting for truck drivers while behind the wheel was made into a final rule, announced by the U.S. Department of Transportation on November 23, 2011. For additional information, please see our post from November 29th discussing the change.

The National Transportation Safety Board (NTSB) has recommended that commercial drivers, including truck drivers, should be banned from using cell phones while behind the wheel. The recommendations include a complete prohibition against talking or texting on a mobile phone while driving or operating a commercial vehicle.

Transportation Secretary Ray LaHood said talking or texting while driving is not worth the risks it poses to others on the road, "Texting or talking on the phone while driving can turn deadly in a matter of seconds, particularly when a big rig or a bus is involved."

Georgia truck accident attorneys have seen the devastation that distracted driving can cause. Add to the distraction caused by calling or texting a possibly 75 foot long, 80,000 pound semi truck traveling at highway speeds and the actions of a distracted truck driver can touch the lives of many people in an instant.

The Federal Motor Carrier Safety Administration (FMSCA) banned texting while driving a commercial truck or bus in September of 2010. The new recommendation of the NTSB is to take the prohibition one step further, banning use of cell phones entirely by commercial drivers while behind the wheel, at the helm or otherwise driving or operating a commercial vehicle.