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DOT Prohibits Truck Drivers From Using Cell Phones

Truckers, bus drivers and other commercial vehicle drivers face stiff fines and license suspensions if they violate a new rule intended to keep roadways safe from the dangers of distracted driving.

New York truck accident attorneys are praising the federal Department of Transportation's (DOT) final rule concerning the use of cell phones by commercial drivers. The joint rule issued by the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) prohibits interstate truck drivers from using cell phones while driving.

The rule follows a regulation issued in 2010 banning text messaging while operating a commercial vehicle. PHMSA also banned texting by intrastate hazardous materials drivers last February. The regulations represent efforts by DOT to significantly reduce distracted driving. Distracted driving has received a lot of attention in recent years with the publication of studies establishing the link between distracted driving and auto accidents.

New Rule Has Steep Penalties for Cell Phone Use By Truck Drivers

The most recent regulation prohibits commercial drivers from using hand-held mobile communication devices while operating a commercial vehicle, but it does not prohibit the use of hands free communication devices. Drivers who are found to be in violation of the new restriction may face federal civil penalties. The new rule carries up to $2,750 in penalties per offense and possibly the loss of commercial vehicle driving privileges for multiple offenses.

In addition to the individual penalties, commercial truck and bus companies that allow drivers to use hand-held communication devices while operating a commercial vehicle will face up to $11,000 in fines.

States have also decided to get in on the act, agreeing to suspend a driver's commercial license after two or more offenses. States, much like the federal government, have begun to focus on the safety issues caused by distracted drivers.

The Dangers of Distracted Driving

Every year there are more than 30,000 people killed and another 2.5 million injured on U.S. roadways - and in 2009, 5,474 deaths and 448,000 injuries were directly attributable to distracted driving, according to DOT data.

In addition to the tragic loss of human life, the financial burden to state and local governments is also great. According to the Center for Disease Control, medical care and work productivity losses from distracted driving accidents exceed $99 billion annually.

Distracted driving accounts for 16 percent of all roadway fatalities. Hopefully new regulations, such as this one aimed at truck drivers, will work to decrease that number.

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Accolades & Memberships
Million Dollar Advocates Forum

David J. Hernandez is a lifetime member of the Million Dollar Advocates Forum and is a New York Super Lawyer.

Super Lawyers | 2007, 2010
Puerto Rican Bar Association | 1957HNBA | Hispanic National Bar Association

He served as the 50th President of the Puerto Rican Bar Association; the NY Hispanic Bar Task Force on Judicial Selection Committee; and the NYS Conference of Bar Leaders.

NYSTLA

He serves as a member of the Judicial Screening Committee and Committee on Character and Fitness for the Second Department; the Advisory Committee on Civil Practice to the Chief Administrative Judge; NYSBA House of Delegates and Grievance Committee of the Brooklyn Bar Association.

NYSBABrooklyn Bar Association | 1872
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En Español About David

David J. Hernandez was admitted to the practice of law in the State of New York in May 1987 and the State of New Jersey in November 1988. He is also admitted in the Eastern, Southern and Western District Courts of the State of New York; the Federal District Court of the State of New Jersey and the United States Supreme Court.

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