The following updates – 1) DOT Restrictions on Hand-Held Mobile Telephone Use by Drivers of Commercial Motor Vehicles and 2) Developments Regarding Commercial Driver’s License Information System State Procedures Manual, Release 5.2.0 – have been prepared for NLA members by the NLA’s legal counsel, Michael F. Morrone, partner, Keller and Heckman LLP, Washington DC.
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DOT Restrictions on Hand-Held Mobile Telephone Use by Drivers of Commercial Motor Vehicles
The Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration (collectively the “Agencies”) have now amended the Federal Motor Carrier Safety Regulations (“FMSCRs”) and the DOT’s Hazardous Materials Regulations (“HMRs”), respectively, to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (“CMVs”). The Agencies have also amended their regulations to implement new driver disqualification sanctions for drivers of CMVs who fail to comply with the Federal restriction and new driver disqualification sanctions for commercial driver’s license (“CDL”) holders who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. The amended regulations further confirm that motor carriers are prohibited from requiring or allowing their CMV drivers to use hand-held mobile telephones.
Drivers who violate the aforementioned hand-held mobile phone restriction will confront federal civil penalties of up to $2,750 for each offense and disqualification from operating a CMV for multiple offenses. Furthermore, States will suspend a driver’s CDL after two (2) or more serious traffic violations. Additionally, commercial truck and bus companies that permit their drivers to use hand-held cellphones while driving will face a maximum penalty of $11,000.
The Agencies have concluded that the rulemaking will improve safety on the nation’s highways by reducing the prevalence of distracted driving-related crashes, fatalities and injuries involving CMV drivers. FMCSA research has indicated that use of a hand-held cellphone while driving requires a commercial driver to initiate several steps beyond what is required for using a hands-free mobile phone, such as searching and/or reaching for the mobile phone. That research further confirms that commercial drivers reaching for a cellphone are three (3) times more likely to be involved in a crash or other safety critical event. In this regard, it will be recalled that in September 2010, FMCSA had issued a regulation banning text messaging during the operation of a commercial truck or bus. Moreover, PHMSA had promulgated a companion regulation in 2011 banning texting by hazardous materials drivers.
The new rule banning use of hand-held mobile phones by CMV drivers took effect on January 3, 2012. Significantly, the rule was supported by the American Trucking Associations.
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Developments Regarding Commercial Driver’s License Information System, State Procedures Manual, Release 5.2.0
The Federal Motor Carrier Safety Regulations (“FMCSRs”) have now been amended to incorporate by reference the most recent edition of the Commercial Driver’s License Information System (“CDLIS”) State Procedures Manual, Release 5.2.0 published by the Association of Motor Vehicle Administrators, Inc. Hence, FMCSA is now requiring all State licensing agencies to use this recent edition of the Manual to develop the process required to transmit, receive, record, and update information on a CDLIS driver record. That information includes, but is not limited to:
A) the CDL holder’s physical description;
B) such individual’s commercial and non-commercial driving status;
C) the driver’s medical certification status; and
D) the driver’s convictions, disqualifications and accidents.
Though the rule’s effective date was December 5, 2011, compliance therewith is not mandated until January 30, 2012. The Manual outlines the standard administrative practices required of the 50 States and the District of Columbia when participating in the CDLIS. Additionally, the 13 Canadian provinces and territories and the Mexican General Directorship of Federal Motor Carrier Transportation will also adopt the Release 5.2.0.
Release 5.2.0 addresses changes that were made as part of the modernization effort to make CDLIS more efficient in handling the increasing number of driver records and data transactions. Among those changes are:
A) the addition to the driver history record exchanged via CDLIS of medical certificate information, driver self-certification of operating status, information regarding variances, and exemptions from medical requirements;
B) the creation of a new nationwide driver license restriction code of “V” to be used on the license document and CDLIS messages to ensure that law enforcement would ask the driver to provide variance information during a traffic stop;
C) the introduction of a new CDLIS message that will allow the FMCSA to quickly locate a driver’s State and license number after a crash; and
D) discussion of the rules and procedures for recording and transmitting the new medical certification data that is being added to CDLIS driver records.
FMCSA believes that uniform practices among the States can only be ensured by incorporating by reference the latest Manual (Release 5.2.0).