The NTSB's 2004 investigation of an accident involving hands-free cellular telephone use by a motorcoach driver is consistent with research that shows that drivers conversing on a cellular telephone are cognitively distracted from the driving task;(1) that is, drivers' mental resources are diverted from the driving task, consequently impairing driving performance. Furthermore, complex cellular telephone conversations are more distracting than simple conversations. In addition, research has demonstrated that using a cellular telephone while driving degrades several aspects of driving performance, resulting in slower reaction times, slower driving speeds, and increased instances of attention lapses.(2) Research has also shown that conversing on a hands-free cellular telephone while driving impairs performance.(3) Epidemiological studies indicate that the risk of being involved in a crash when using a cellular telephone is almost four times higher than when a cellular telephone is not used and that using a hands-free cellular telephone is no safer than using a hand-held cellular telephone.(4) Consequently, the NTSB concluded that the use of either a hand-held or hands-free cellular telephone while driving can impair the performance of a CDL holder. Because payment for transportation services creates an implicit contract between the passenger and the carrier that the carrier will transport the passenger safely and not allow the vehicle operator to take unnecessary risks, CDL drivers have a special obligation to provide the safest driving environment possible for the passengers in their care.
The Federal Motor Carrier Safety Administration (FMCSA) initiated a study, conducted by the Virginia Tech Transportation Institute (VTTI) using naturalistic driving data, to assess the potential safety benefits of establishing a federal rule to restrict the use of cellular telephones by drivers of commercial motor vehicles and to determine whether adequate data exists to warrant initiating a rulemaking. VTTI's portion of the study was completed in July 2009. Despite the FMCSA's currently limited jurisdiction over school buses, the NTSB encouraged the agency to include school bus operations to the greatest extent possible in its study. The FMCSA also considered property-carrying CMV drivers and the availability of adequate data on cellular telephone-caused driving distractions in the study. Additionally, the FMCSA is conducting a synthesis of literature and operating safety practices relating to cellular telephone use (including limitations on the use of personal digital assistants) in commercial vehicles. This study is expected to be completed in February 2010.
The Secretary of Transportation ordered a full departmental review of motorcoach safety to create a Departmental Motorcoach Safety Action Plan outlining the additional steps needed to improve motorcoach safety. Released on November 16, 2009, the review also considered outstanding recommendations to the U.S. Department of Transportation (DOT) from the NTSB.
On September 30 and October 1, 2009, the Secretary also convened a "Distracted Driving Summit" to address the dangers of text-messaging and other driving distractions. During the summit, the Secretary announced the DOT's plan to create rulemaking that would consider banning text messaging altogether and would restrict the use of cellular telephones by truck and interstate bus operators.
Because "texting" was identified as the most serious distracted-driving behavior in the VTTI study mentioned above, the FMCSA is currently developing a notice of proposed rulemaking (NPRM) prohibiting "text messaging" on cellular telephones and similar devices by operators of commercial motor vehicles. The NPRM will also propose disqualification of school bus operators convicted of violating the texting prohibition. After publication of this NPRM in spring 2010, the FMCSA will publish a second NPRM to address broader concerns regarding the use of cellular telephones and similar devices (including those for hands-free use) and possible differences in regulatory requirements for truck and bus drivers. Both of these rulemakings will be given high-priority status. A third rulemaking is planned for a later date to address other distracted-driving issues involving devices such as fleet management systems, GPS navigation screens, and laptop computers.
The FMCSA continues to work consistently to address the issue of cell phone use by CDL drivers. Although the results of the naturalistic driving study are encouraging, the NTSB continues to believe that CDL holders must be prohibited from using a cellular telephone, even in a hands-free mode, while driving under the authority of a passenger-carrying or school bus endorsement.
Prohibit CDL holders from using a cellular telephone while driving under the authority of a passenger-carrying or school bus endorsement.
H-06-27 (FMCSA)
Issued November 30, 2006
Added to the Most Wanted List: 2008
Status: Open-Acceptable Response
Publish regulations prohibiting cellular telephone use by commercial driver's license holders with a passenger-carrying or school bus endorsement, while driving under the authority of that endorsement, except in emergencies.(Source: Investigation of a Motorcoach Collision with a Bridge Overpass on the George Washington Memorial Parkway in Alexandria, Virginia, on November 14, 2004. [NTSB/HAR-06/04])
