Can truck drivers use their cell phones while driving?
As any semi truck accident lawyer would tell you, there is a major problem of texting and driving while on the roads, perhaps nowhere more so than in the trucking industry. More than ten years ago, the United States Department of Transportation banned truckers from using handheld cell phones while operating a truck, and set steep penalties for those who failed to adhere to the new laws regarding handheld cell phone use. These penalties include:
- A civil penalty of up to $2,750 for each driving offense;
- License suspension; and
- A maximum penalty of $11,000 assessed against any commercial bus or trucking company that permits drivers to use hand-held cell phones.
Sadly, even though the 2011 rule forbids truckers from using handheld cell phones while driving, many truck drivers still do. According to recent data from the Federal Motor Carrier Safety Administration, driver inattention/distraction played a role in 28% of all trucking accidents.
By law, tractor trailer operators may still use hands-free cell phones while driving. But how much safer is hands-free driving? Studies show that using hands-free devices can also lead to distracted driving. To ensure safe cell phone use, we advocate for truckers to always pull over to use their phones in any capacity; it is the safest course of action. However, if hands-free use is absolutely necessary, we recommend the following best practices for truckers:
- Use an earpiece, audio-syncing or speakerphone function. Avoid video-sharing apps like Zoom, Facetime or Marco Polo. Even if the driver’s face is not on screen, the human tendency to look at the face of the person speaking can be too tempting.
- Begin and end calls with voice-activated commands or one-touch features, available in certain vehicles.This limits the amount of time that truckers have to look away and mitigates the risk of distracted driving.
Before adopting any of these practices, however, truck drivers should always consult with their employers to make sure of their company-specific standards of practice. Because every phone call — even a hands-free one — is a calculated risk, some companies have strict restrictions that go beyond state or federal law. Trucking companies face steep penalties when their drivers fail to adhere to these rules, and ultimately are responsible when a truck driver fails to take basic safety precautions and puts other drivers at risk.
Even with every precaution in place, truckers have a responsibility to maintain awareness of their surroundings. For this reason, they should consistently limit their cell phone use while driving.
What about text messaging?
It should come as no surprise that texting while driving is also highly dangerous. This danger is not limited to sending messages, either; it’s present when receiving and reading messages, as well. In 2010 the Federal Motor Carrier Safety Administration banned all text messaging for commercial bus and truck drivers. This includes, typing, reading, emailing, instant-messaging, web surfing and any command that requires more than pressing one button to control voice commands.
The law is simple, truckers: never text and drive.
Let’s keep each other safe
Road safety is a collective effort. That’s why we encourage citizens to report distracted driving whenever they encounter it, especially among truckers who are behind the wheel of heavier vehicles that can cause substantial damage. We rely on each other to make considerate driving choices — and we also rely on good samaritans reporting truckers that could cause grievous bodily harm, or even death, to other motorists. Many trucks and commercial vehicles have a “How’s My Driving?” phone number on the back of their fleet; we strongly encourage using this to report illegal cell phone use and other forms of distracted driving. When making a report, be sure to note the license plate number, direction and speed of travel, condition of the truck, road conditions, weather, and any other details that you think could be pertinent. (Be sure to have a passenger help record this information; we also have a responsibility to drive without distraction!)
Distracted driving is a sad fact of life, but that doesn’t mean we should become complacent or indifferent to its dangers. Distracted driving laws are meant to enforce a base level awareness to keep ourselves — and our fellow motorists — safe on the road. Fatal crashes are often crashes involving trucks and passenger vehicles, where the truck driver is distracted. Making our roads safer starts with making a commitment to avoid cell phone use while driving, never texting, and always keeping your eyes on the road. If you have questions, please contact a semi truck accident lawyer or law firm for help; we may be able to provide guidance through the process after a crash, often finding instances of texting leading to distracted driving. Call us anytime at 303-444-1505 to schedule a free consultation.