Truck Crash: Distracted Driving - Scott L Turner

Truck Crash: Distracted Driving – Scott L. Turner

This post will probably not tell you much more than you may already know; distracted driving is risky behavior that often compromises the safety of others.

Distracted driving; a growing problem in North America. In fact, the problem of distracted driving has reached an epidemic level with distracted driving being the main causative factor in many crashes, many that are not even credited as distracted driving.

It is estimated that approximately 25% of all motor vehicle crashes in the United States are caused by some degree of distracted or inattentive driving.

Distracted driving has been an intrinsic part of motor vehicle operations well before the invention of the cell phone. By a motor vehicle operator changing the radio station, clearly there is distraction, eating or drinking are likewise distractions. In fact; anything that takes the operator away from their main function of operating the motor vehicle is distracted driving.

People often believe that "multitasking will allow them to accomplish their trip in addition to a cell teleconference, or eating on the run. The truth about multitasking according to the National Safety Council states: "Multitasking is a myth. Human brains do not perform two tasks at the same time. Instead, the brain handles tasks sequentially, switching between one task and another. Brains can juggle tasks very rapidly, which leads us to erroneously believe we are doing two tasks at the same time. In reality, the brain is switching attention between tasks - performing only one task at a time." 

According to the National Highway Traffic Safety Administration (NHTSA), in 2009 distracted driving injured the number of motorist’s equivalent to the population size of Cleveland, Ohio. In addition to those estimated 448,000 injured motorists, 5,474 were killed in motor vehicle related crashes as a result of distracted driving.

As of January 3^rd, 2012, hand-held cell phone usage by an Interstate Commercial Motor Vehicle (CMV) drivers, for both truck and bus is banned by the Federal Motor Carrier Safety Administration (FMCSA).; furthermore, the same is banned on Intrastate CMV operations if the carrier is transporting hazardous materials requiring placarding. This Intrastate regulation is governed by the Pipeline and Hazardous Materials Safety Administration (PHMSA).

It is important to note that there are still some states that have not banned hand-held cell phone usage to date of this post. Therefore, if a carrier is an Intrastate carrier, that carrier’s drivers currently are not in violation if they use a cell phone, right? Not necessarily. Many states have adopted the FMCSR (regulation) verbatim, thereby making it illegal to utilize a cell phone in a CMV (truck or bus); regardless of what the broader state law says.

Now that we have cleared that up; what about all those other distractions in the cab of an 80,000# tractor-trailer, or a passenger carrying motor vehicle in commerce with say 16 passengers, both CMV’s. A few of the many distractions are, but not limited to:

• Cell phone (hand-free or otherwise)
• Texting
• I-Pods
• GPS
• Laptops
• CB’s
• Eating/drinking
• Grooming

In addition to cell phones, there is one other electronic device that I would like to briefly discuss; the GPS.

GPS’s are great tools. Amongst other applications, they save fuel by correct and legal routing a 102” tractor-trailer, for example, it is illegal to operate a 102” CMV in the borough of Manhattan, New York. There are GPS systems that can assist in the correct routing, thereby reducing the inner-city fine potential. At $4.50/gallon for diesel fuel, every wrong turn counts. The aforesaid stated; the GPS only creates yet another distraction.

Although there are no FMCSA or PHMSA requirements regarding actual distracted driver training such as; cell phone usage, or GPS usage; prudence dictates the day. If a carrier were to consider distracted driving subject matter into a training syllabus, and document the same, it clearly would benefit, first and foremost by creating a safer driver; second, by being able to demonstrate a reasonable degree of prudence, care and caution as to driver safety management.

There are currently training programs available that will assist in the training of both CMV drivers, as well as younger drivers and company fleet drivers

Now that we have discussed the CMV aspect to distracted driving; what about the 3,000 pound automobile, the high school or college kid that see no harm? These careless acts by young adults, and many seasoned commuters are often the causative factor of a CMV crash; and the outcome will typically be that of the car loosing in the crash; that is 3,000 lbs vs. potentially 80,000 lbs, or more.

A motor carrier has far too much to loose by distracted driving. Not only lives, injuries and property damage which are the most concerning, and the genesis of all the regulations; but now, a motor carrier’s in commerce have to be concerned about their CSA score. A distracted driving violation carries the maximum severity weight of 10 and may harm your Unsafe Driving BASIC score. In addition, the motor carrier that has a crash that is determined to be distracted driving as a direct causation factor will have their Crash Indicator BASIC score impacted for two years. 

Nearly every driver that drives distracted believes that he/she will not be caught. That coffee spilled all over the driver and windshield is an indicator of what may have occurred pre-crash. The 911 call that is made immediately after the crash by a passer-by witness that is later discovered from subpoenaed cell phone records that the CMV driver, or car operator was engaged in a conversation, or just sent a series of texts pre-crash is powerful evidence.

ECM evidence such as hard brake applications coinciding with subpoenaed cell phone/text usage immediately prior to the crash is likewise very powerful evidence that would be difficult to be explained away.

There are many forms of evidence that can often be identified by means of thorough investigation, CMV/car inspection(s), effective discovery, witness depositions and statements, ECM downloads, cell phone subpoenas, etc. Understanding all of this evidence, to make sense of applicable convincing timelines is critical to either prove your client’s lack of involvement as to causation, or proving the defendants negligence.

It has been determined that distracted driver’s using cell phones fail to look or process approximately 50% of what they see in their driving environment. This is commonly referred to by researchers as inattention blindness, similar to that of tunnel vision. It is the cognitive distraction that ultimately causes that car driver to not see that 80,000# semi-tractor trailer; or that bus driver to not see that bystander; or that CMV driver to fail in his observation of a changing traffic light at a controlled intersection.

In closing; a CMV carrier should consider focus a measurable amount of their driver training on reducing distracted driving. Schools should incorporate distracted driving and operating around CMV’s in their syllabuses during driver education. These simple steps would measurably reduce such crashes.

For your review and reference; below I have incorporated a list of frequently asked questions as to the new ban on cell phone usage. 

© 2012-2014

Scott L Turner

Slturnerconsulting.com

Frequently Asked Questions (FAQ) - Ban on Hand Held Cellular Phones

Q: What is the effective date of the Mobile Telephone rule?

A: The effective date of the rule is January 3, 2012.

Q: Are wired or wireless earpieces allowed?

A: Yes. Hands-free use of a mobile telephone is allowed using either a wired or wireless earpiece, or the speakerphone function of the mobile telephone. Wireless connection of the mobile telephone to the vehicle for hands-free operation of the telephone, which would allow the use of single-button controls on the steering wheel or dashboard, would also be allowed.

Q: Are commercial motor vehicle (CMV) drivers allowed to use push-to-talk mobile communications equipment while driving?

A: Yes, provided the driver does not reach for, dial, or hold the actual mobile telephone in his/her hand while driving and the driver is able to touch the button needed to operate the push-to-talk feature from the normal seated position with the safety belt fastened. Generally, the use of this type of communications equipment does not require drivers to take their eyes off of the forward roadway because the button used to enable the driver to communicate can be operated from the normal seated position with the safety belt fastened. For example, if the mobile phone is mounted in a cradle or similar device near the driver, or there is a remote push-to-talk button near the vehicle controls to allow the driver to communicate without reaching for, dialing, or holding the actual mobile telephone in his/her hands while driving, the equipment may be used.

Q: Are holders of a commercial driver’s license (CDL) subject to the regulation only when driving a CMV, as defined in 49 CFR 383.5, or any vehicle?

A: CDL holders are subject to the Federal rule only when driving a CMV.

Q: What drivers are covered by the Federal rule: intrastate or interstate? CDL holders? All CMVs?

A: This Federal rule covers both, drivers of CMVs in interstate commerce, and also any drivers who operate a vehicle transporting a quantity of hazardous materials requiring placarding under 49 CFR Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.

If a CMV driver is employed by a State or a political subdivision of a State (e.g. county, city, township, etc.), FMCSA safety regulations do not apply, even if the driver is engaged in interstate transportation. But if a CMV driver employed by a State or a political subdivision of a State is operating a vehicle that requires a CDL, the applicable State traffic laws would govern (e.g., Maryland’s prohibition on the use of hand-held phones). The States have 3 years to implement by State law the disqualification provision.

Q: What is required of the employer in terms of company policy or training?

A: The rule does not require motor carriers to establish written policies in terms of company policy or training programs for their drivers. However, employers are prohibited from allowing or requiring their drivers to use hand-held mobile phones. A motor carrier may establish policies or practices that make it clear that the employer does not require or allow hand-held mobile telephone use while driving a CMV in interstate commerce. The carrier is responsible for its drivers’ conduct.

Q: Is dialing a phone number allowed under this rule?

A: No. Dialing a mobile telephone while operating a CMV in interstate commerce is prohibited by the rule. 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.

Q: Can a driver reach for a mobile telephone even if he/she intends to use the hands-free function?

A: No. In order to comply with this rule, a driver must have his or her mobile telephone located where the driver is able to initiate, answer, or terminate a call by touching a single button while the driver is in the seated driving position and properly restrained by a seat belt. If the mobile telephone is not close to the driver and operable while the driver is restrained by properly installed and adjusted seat belts, then the driver is considered to be reaching for the mobile phone, which is prohibited by the rule.

Q: Are tow trucks exempt?

A: No. The interstate operation of tow trucks that meet the definition of a CMV are not exempt. Tow trucks, however, are exempt when responding to police emergencies in accordance with 49 CFR 390.23(a)(3).