Drivers of CMVs: Restricting the Use of Cellular Phones, 80014-80033 [2010-31736]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 75, Number 244 (Tuesday, December 21, 2010)]
[Proposed Rules]
[Pages 80014-80033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31736]



[[Page 80014]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383, 384, 390, 391, and 392

[Docket No. FMCSA-2010-0096]
RIN 2126-AB29


Drivers of CMVs: Restricting the Use of Cellular Phones

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of proposed rulemaking; request for comments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
proposes to restrict the use of hand-held mobile telephones, including 
hand-held cell phones, by drivers of commercial motor vehicles (CMVs) 
while operating in interstate commerce. The Agency proposes new driver 
disqualification sanctions for interstate drivers of CMVs who fail to 
comply with this 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. Additionally, interstate motor carriers would be 
prohibited from requiring or allowing drivers of CMVs to engage in the 
use of a hand-held mobile telephone while operating in interstate 
commerce. This rulemaking would improve safety on the Nation's highways 
by reducing the prevalence of distracted driving-related crashes, 
fatalities, and injuries involving drivers of CMVs.

DATES: FMCSA will be accepting both initial comments and reply comments 
in response to this Notice of Proposed Rulemaking (NPRM). Send your 
initial comments on or before February 22, 2011 and reply comments on 
or before March 21, 2011. Initial comments may address any issue raised 
in the NPRM and the background documents in the docket (e.g., 
regulatory evaluation, studies, environmental assessment, etc.). 
Initial comments will be made available promptly electronically, online 
on https://www.regulations.gov, or for public inspection in room W12-
140, DOT Building, 1200 New Jersey Avenue, SE., Washington, DC, between 
9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal 
holidays. In order to allow sufficient opportunity for interested 
parties to prepare and submit any reply comments, late-filed initial 
comments will not be considered. Reply comments must address only 
matters raised in initial comments and must not be used to present new 
arguments, contentions, or factual material that is not responsive to 
the initial comments.

ADDRESSES: You may submit comments and reply comments identified by 
docket number FMCSA-2010-0096 using any one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
     Fax: 202-493-2251.
     Mail: Docket Management Facility (M-30), U.S. Department 
of Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand delivery: Same as mail address above, between 9 a.m. 
and 5 p.m., e.t., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rule, contact Mr. Brian Routhier, Transportation Specialist, 
Federal Motor Carrier Safety Administration, Vehicle and Roadside 
Operation Division, at 202-366-4325 or FMCSA_MCPSV@dot.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
II. Abbreviations
III. Background
    A. Rationale for the Scope of the Proposed Rule
    B. Legal Authority
    C. Support for a Restriction on Mobile Telephones
    D. Studies of Mobile Telephone Use While Driving
    E. Existing Mobile Telephone Bans by Federal, State, and Local 
Governments
IV. Discussion of Proposed Rule
V. Regulatory Analyses

I. Public Participation and Request for Comments

    FMCSA encourages you to participate in this rulemaking by 
submitting comments, reply comments, and related materials. All 
comments received will be posted without change to https://www.regulations.gov and will include any personal information you 
provide.

A. Submitting Comments

    If you submit a comment or a reply comment, please include the 
docket number for this rulemaking (FMCSA-2010-0096), indicate the 
specific section of this document to which each comment applies, and 
provide a reason for each suggestion or recommendation. You may submit 
your comments and material online or by fax, mail, or hand delivery, 
but please use only one of these means. FMCSA recommends that you 
include your name and a mailing address, an e-mail address, or a phone 
number in the body of your document so that FMCSA can contact you if 
there are questions regarding your submission.
    To submit your comment or reply comments online, go to https://www.regulations.gov and click on the ``submit a comment'' box, which 
will then become highlighted in blue. In the ``Document Type'' drop 
down menu, select ``Proposed Rules,'' insert ``FMCSA-2010-0096'' in the 
``Keyword'' box, and click ``Search.'' When the new screen appears, 
click on ``Submit a Comment'' in the ``Actions'' column. If you submit 
your comments by mail or hand delivery, submit them in an unbound 
format, no larger than 8\1/2\; by 11 inches, suitable for copying and 
electronic filing. If you submit comments by mail and would like to 
know that they reached the facility, please enclose a stamped, self-
addressed postcard or envelope.
    We will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments.

B. Viewing Comments and Documents

    To view comments or reply comments, as well as any documents 
mentioned in this preamble, go to https://www.regulations.gov and click 
on the ``read comments'' box in the upper right hand side of the 
screen. Then, in the ``Keyword'' box insert ``FMCSA-2010-0096'' and 
click ``Search.'' Next, click the ``Open Docket Folder'' in the 
``Actions'' column. Finally, in the ``Title'' column, click on the 
document you would like to review. If you do not have access to the 
Internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., e.t., Monday 
through Friday, except Federal holidays.

C. Privacy Act

    Anyone is able to search the electronic form of all comments

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received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
Privacy Act Statement for the Federal Docket Management System 
published in the Federal Register on January 17, 2008 (73 FR 3316).

II. Abbreviations

AAMVA                              American Association of Motor Vehicle
                                    Administrators
ABA                                American Bus Association
Advocates                          Advocates for Highway and Auto Safety
ATA                                American Trucking Associations, Inc.
APTA                               American Public Transportation
                                    Association
CDL                                Commercial Driver's License
CMV                                Commercial Motor Vehicle
CTA                                Chicago Transit Authority
DOT                                United States Department of
                                    Transportation
EA                                 Environmental Assessment
EIS                                Environmental Impact Statement
FCC                                Federal Communications Commission
FMCSA                              Federal Motor Carrier Safety
                                    Administration
FMCSRs                             Federal Motor Carrier Safety
                                    Regulations
FONSI                              Finding of No Significant Impact
FR                                 Federal Register
FRA                                Federal Railroad Administration
GCRTA                              Greater Cleveland Regional Transit
                                    Authority
MBTA                               Massachusetts Bay Transportation
                                    Authority
MCSAC                              Motor Carrier Safety Advisory
                                    Committee
MCSAP                              Motor Carrier Safety Assistance
                                    Program
NAICS                              North American Industry
                                    Classification System
NCSL                               National Conference of State
                                    Legislatures
NGA                                National Governors Association
NPRM                               Notice of Proposed Rulemaking
NSC                                National Safety Council
NTSB                               National Transportation Safety Board
OOIDA                              Owner-Operator Independent Drivers
                                    Association
OMB                                Office of Management and Budget
PAR                                Population Attributable Risk
PDA                                Personal Digital Assistant
TCA                                Truckload Carriers Association
VTTI                               Virginia Tech Transportation
                                    Institute
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III. Background

A. Rationale for the Scope of the Proposed Rule

    Driver distraction can be defined as the voluntary or involuntary 
diversion of attention from the primary driving tasks due to an object, 
event, or person. Researchers classify distraction into several 
categories: Visual (taking one's eyes off the road), manual (taking 
one's hands off the wheel), cognitive (thinking about something other 
than the road/driving), and auditory (listening to someone talking). 
Research shows that using a hand-held mobile telephone while driving 
may pose a higher safety risk than other activities (e.g. eating and 
writing on a pad) because it involves all four types of driver 
distraction. For example, reaching for and dialing a mobile telephone 
are both visual and manual distractions. Using a hand-held mobile 
telephone may reduce a driver's situational awareness, decision making, 
or performance; and it may result in a crash, near-crash, unintended 
lane departure by the driver, or other unsafe driving action. This 
rulemaking proposes to restrict the use of hand-held mobile telephones 
because our research indicates that they are a source of driver 
distraction that could pose a safety risk. Specifically it would 
prohibit a CMV driver from reaching for, holding, or dialing a mobile 
telephone in order to conduct a voice communication while driving. 
Essentially, the CMV driver must be ready to conduct a voice 
communication in compliance with the proposed rule the moment he begins 
driving the vehicle.
    In an effort to understand and mitigate crashes associated with 
driver distraction, the U.S. Department of Transportation (DOT) 
conducted research concerning behavioral and vehicle safety 
countermeasures to driver distraction. Data from studies \1\ indicate 
that both reaching for and dialing a mobile telephone increase the odds 
of involvement in a safety-critical event such as a crash, near crash, 
or unintended lane departure.\2\ Both reaching for and dialing a hand-
held mobile telephone are manual distractions (i.e., hands-off wheel) 
and require substantial visual distraction (i.e., eyes off forward 
roadway) to complete the task; therefore the driver may not be capable 
of safely operating the vehicle.
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    \1\ Olson, R. L., Hanowski, R.J., Hickman, J.S., & Bocanegra, J. 
(2009) Driver distraction in commercial vehicle operations. 
(Document No. FMCSA-RRR-09-042) Washington, DC: Federal Motor 
Carrier Safety Administration, July 2009. Retrieved October 20, 
2009, from https://www.fmcsa.dot.gov/facts-research/art-public-reports.aspx? Hickman, J., Hanowski, R. & Bocanegra, J. (2010). 
Distraction in Commercial Trucks and Buses: Assessing Prevalence and 
Risk in Conjunction with Crashes and Near-Crashes. Washington, DC: 
Federal Motor Carrier Safety Administration.
    \2\ In popular usage, mobile telephones are often referred to as 
``cell phones.'' As explained later in the NPRM, a variety of 
different technologies are licensed by the Federal Communications 
Commission (FCC) (47 CFR 20.3) to provide mobile telephone services; 
thus, the proposed rules here would apply to the range of 
technologies used to provide wireless telephone communications and 
the rule uses the broader term ``mobile telephones.'' However, some 
of the materials discussed in this preamble use the popular term 
``cell phone,'' and the discussion continues that usage in such 
cases.
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    According to a VTTI study, the odds of being involved in a safety-
critical event are three times greater when the driver is reaching for 
an object than when the driver is not reaching for an object. The odds 
of being involved in a safety-critical event are six times greater 
while the driver is dialing a cell phone than when the driver is not 
dialing a cell phone. These increases in risk are primarily 
attributable to the driver's eyes being off the forward roadway. 
Additionally, these activities have high population attributable risk 
(PAR) percentages (i.e., an activity, which if not undertaken, would 
increase safety most).\3\ The PAR percentage for reaching for an object 
was the highest in the study at 7.6 percent. Because of the physical, 
manual, and visual distractions and the data indicating a safety risk 
associated with the use of hand-held mobile telephones, FMCSA believes 
it is in the interest of public safety to propose, at a minimum, a 
restriction on hand-held mobile telephone use while driving a CMV.
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    \3\ See Section D. Studies of Mobile Telephone Use While Driving 
for a full discussion.
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    Other governmental entities have made recommendations on mobile 
telephone use that go beyond our proposed rule. The National 
Transportation Safety Board (NTSB) determined that one probable cause 
of a November 2004 bus crash was the use of a hands-free cell phone. 
This crash was the impetus for an NTSB investigation (NTSB/HAR-06/04 
PB2007-916201) and a subsequent recommendation to FMCSA that the Agency 
prohibit cell phone use by all passenger-carrying CMVs.\4\ FMCSA also 
received recommendations on cell phone use from its Motor Carrier 
Safety Advisory Committee (MCSAC). One of MCSAC's recommendations for 
the National Agenda for Motor Carrier Safety was that FMCSA initiate a 
rulemaking to ban the use of hand-held and hands-free mobile telephones 
while driving.
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    \4\ National Transportation Safety Board (2006) Motorcoach 
Collision with the Alexandria Avenue Bridge Overpass, George 
Washington Memorial Parkway, Alexandria, Virginia, November 14, 2004 
(Highway Accident Report NTSB/HAR-06/04; NTIS report number PB2007-
916201). Retrieved July 22, 2010, from: https://www.ntsb.gov/Publictn/2006/HAR0604.pdf.
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    However, it is not clear if simply talking on a mobile telephone 
presents a significant risk. For example, the same VTTI study that 
detailed the risks of reaching and dialing found that ``talking

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or listening to a hands-free phone'' and ``talking or listening to a 
hand-held phone'' were relatively low risk activities and had only 
brief periods of eyes off forward roadway. It is the action of taking 
one's eyes off the forward roadway to reach for and dial the mobile 
telephone that is highly risky. Therefore, our proposal does not go as 
far as the NTSB and MCSAC recommendations.
    While some States have gone further than this proposed restriction 
on hand-held mobile telephones, no State has completely banned mobile 
telephone use. Nine States and the District of Columbia have traffic 
laws prohibiting all motor vehicle drivers from using a hand-held 
mobile telephone while driving. Some States have gone further for 
certain categories of drivers. Nineteen States and the District of 
Columbia prohibit the use of all mobile telephones while driving a 
school bus. Transit bus and motorcoach drivers are the focus of 
stricter mobile telephone rules in some States and local 
jurisdictions.\5\ This NPRM, which proposes to restrict hand-held 
mobile telephone use by all CMV drivers, is in line with existing 
regulations that hold CMV drivers to higher standards.
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    \5\ IIHS list of cellphone laws. https://www.iihs.org/laws/cellphonelaws.aspx
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    This rulemaking would improve safety on the Nation's highways by 
reducing the prevalence of, or preventing, certain truck- and bus-
related crashes, injuries, and fatalities associated with distracted 
driving. Our proposal would restrict hand-held mobile telephone use, 
but the Agency requests comment on whether we should implement in full 
the NTSB and MCSAC recommendations. The Agency requests public comment 
on the feasibility, operational impact, and safety benefits of 
prohibiting hands-free mobile telephone technology by drivers of CMVs 
as well. Because the Agency does not intend that this rulemaking 
preclude the use of innovative technologies that could be safely used 
by CMV drivers to facilitate mobile telephone use, the Agency will 
consider, through this rulemaking process, all information from 
interested parties, as it assesses the risks, feasibility, and safety 
of adopting an approach in the final rule. Public comment on these 
issues should also recognize our responsibility to ensure that CMV 
drivers are held to the highest degree of safety.

B. Legal Authority

    The authority for this proposed rule derives from the Motor Carrier 
Safety Act of 1984 (1984 Act), 49 U.S.C. chapter 311, and the 
Commercial Motor Vehicle Safety Act of 1986 (1986 Act), 49 U.S.C. 
chapter 313. The 1984 Act (Pub. L. 98-554, Title II, 98 Stat. 2832, 
Oct. 30, 1984) provides authority to regulate the safety of operations 
of CMV drivers and motor carriers and vehicle equipment. It requires 
the Secretary of Transportation (Secretary) to ``prescribe regulations 
on commercial motor vehicle safety. The regulations shall prescribe 
minimum safety standards for commercial motor vehicles.'' Although this 
authority is very broad, the 1984 Act also includes specific 
requirements in 49 U.S.C. 31136(a):

    At a minimum, the regulations shall ensure that--(1) commercial 
motor vehicles are maintained, equipped, loaded, and operated 
safely; (2) the responsibilities imposed on operators of commercial 
motor vehicles do not impair their ability to operate the vehicles 
safely; (3) the physical condition of operators of commercial motor 
vehicles is adequate to enable them to operate the vehicles safely; 
and (4) the operation of commercial motor vehicles does not have a 
deleterious effect on the physical condition of the operators.

    This proposed rule is based primarily on 49 U.S.C. 31136(a)(1), 
which requires regulations that ensure that CMVs are operated safely, 
and secondarily on section 31136(a)(2), to the extent that drivers' use 
of mobile telephones might impact their ability to operate CMVs safely. 
This NPRM does not address the physical condition of drivers (49 U.S.C. 
31136(a)(3)), nor does it impact possible physical effects caused by 
driving CMVs (49 U.S.C. 31136(a)(4)).
    The relevant provisions of the Federal Motor Carrier Safety 
Regulations (FMCSRs) (49 CFR subtitle B, chapter III, subchapter B) 
apply to CMV drivers and employers operating a CMV included in the 
statutory authority of the 1984 Act. The 1984 Act defines a CMV as a 
self-propelled or towed vehicle used on the highways to transport 
persons or property in interstate commerce; and that either: (1) Has a 
gross vehicle weight/gross vehicle weight rating of 10,001 pounds or 
greater; (2) is designed or used to transport more than 8 passengers 
(including the driver) for compensation; (3) is designed or used to 
transport more than 15 passengers, not for compensation; or (4) is 
transporting any quantity of hazardous materials requiring placards to 
be displayed on the vehicle (49 U.S.C. 31132(1)). All drivers operating 
CMVs are subject to the FMCSRs, except those who are employed by 
Federal, State, or local governments (49 U.S.C. 31132(2)). The proposed 
rule would also require employers to ensure their drivers comply with 
the restrictions on use of hand-held mobile telephones while driving 
CMVs.
    In addition to the statutory exemption for government employees, 
there are several regulatory exemptions in the FMCSRs that are 
authorized under the 1984 Act, including, among others, one for school 
bus operations and one for CMVs designed or used to transport between 9 
and 15 passengers (including the driver) not for direct compensation 
(49 CFR 390.3(f)(1) and (6)). The school bus operations exemption only 
applies to interstate transportation of school children and/or school 
personnel between home and school. This particular exemption is not 
based on any statutory provisions, but is instead a discretionary rule 
promulgated by the Agency. Therefore, FMCSA has authority to modify the 
exemption. Modification of the school bus operations exemption requires 
the Agency to find that such action ``is necessary for public safety, 
considering all laws of the United States and States applicable to 
school buses'' (former 49 U.S.C. 31136(e)(1)).\6\ Likewise, FMCSA has 
authority to modify the non-statutory exemption for small, passenger-
carrying vehicles not for direct compensation, but is not required to 
comply with former 49 U.S.C. 31136(e).\7\ FMCSA is proposing to apply 
restrictions on hand-held mobile telephone use to both school bus 
operations by private operators in interstate commerce and small 
passenger-carrying vehicles not for direct compensation, although they 
would continue to be exempt from the rest of the FMCSRs. Other than 
transportation covered by statutory

[[Page 80017]]

exemptions, FMCSA has authority to restrict the use of mobile 
telephones by drivers operating CMVs.
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    \6\ Former section 31136(e)(1) was amended by section 4007(c) of 
the Transportation Equity Act for the 21st Century, Public Law 105-
178, 112 Stat. 107, 403 (June 9, 1998) (TEA-21). However, TEA-21 
also provides that the amendments made by section 4007(c) ``shall 
not apply to or otherwise affect a waiver, exemption, or pilot 
program in effect on the day before the date of enactment of [TEA-
21] under * * * section 31136(e) of title 49, United States Code.'' 
(Section 4007(d), TEA-21, 112 Stat. 404 (set out as a note under 49 
U.S.C. 31136).) The exemption for school bus operations in 49 CFR 
390.3(f)(1) became effective on November 15, 1988, and was adopted 
pursuant to section 206(f) of the 1984 Act, later codified as 
section 31136(e) (Federal Motor Carrier Safety Regulations; General, 
53 FR 18042-18043, 18053 (May 19, 1988) and section 1(e), Public Law 
103-272, 108 Stat 1003 (July 5, 1994)). Therefore, any action by 
FMCSA affecting the school bus operations exemption would require 
the Agency to comply with former section 31136(e)(1).
    \7\ The exemption in 49 CFR 390.3(f)(6) was not adopted until 
2003, after the enactment of TEA-21, in a final rule titled, 
``Safety Requirements for Operators of Small Passenger-Carrying 
Commercial Motor Vehicles Used In Interstate Commerce'' (68 FR 
47860, August 12, 2003).
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    For any violation, such a restriction may be subject to civil 
penalties imposed on drivers, in an amount up to $2,750, and on 
employers, in an amount up to $11,000 (49 U.S.C. 521(b)(2)(A), 49 CFR 
386.81 and Appendix B, paragraphs (a)(3) and (4)). Disqualification of 
a CMV driver for violations of the Act and its regulations is also 
within the scope of the Agency's authority under the 1984 Act. Such 
disqualifications are specified by regulation for other violations (49 
CFR 391.15), and were recently adopted by the Agency in its final rule 
prohibiting texting by CMV drivers while operating in interstate 
commerce (49 CFR 391.15(e); 75 FR 59118, September 27, 2010). In 
summary, both a restriction on the use of hand-held mobile telephones 
and associated sanctions, including civil penalties and 
disqualifications, are authorized by statute and regulation for 
operators of CMVs, as defined above, in interstate commerce, with 
limited exceptions. But before prescribing any regulations under the 
1984 Act, FMCSA must consider their costs and benefits (49 U.S.C. 
31136(c)(2)(A)).
    The 1986 Act (Title XII of Pub. L. 99-570, 100 Stat. 3207-170, Oct. 
27, 1986), which authorized creation of the CDL program, is the primary 
basis for licensing programs for certain large CMVs. There are several 
key distinctions between the authority conferred under the 1984 Act and 
that under the 1986 Act. First, the CMV for which a CDL is required is 
defined under the 1986 Act, in part, as a motor vehicle operating ``in 
commerce,'' a term separately defined to cover broadly both interstate 
commerce and operations that ``affect'' interstate commerce (49 U.S.C. 
31301(2) and (4)). Also under the 1986 Act, a CMV means a motor vehicle 
used in commerce to transport passengers or property that: (1) Has a 
gross vehicle weight/gross vehicle weight rating of 26,001 pounds or 
greater; (2) is designed to transport 16 or more passengers including 
the driver; or (3) is used to transport certain quantities of 
``hazardous materials,'' as defined in 49 CFR 383.5 (49 U.S.C. 
31301(4)). In addition, a provision in the FMCSRs implementing the 1986 
Act recognizes that all school bus drivers (whether government 
employees or not) and other government employees operating vehicles 
requiring a CDL (i.e., vehicles above 26,000 pounds, in most States, or 
designed to transport 16 or more passengers) are subject to the CDL 
standards set forth in 49 CFR 383.3(b).
    There are several statutory and regulatory exceptions from the CDL 
requirements, which include the following individuals: Military service 
members who operate a CMV for military purposes (a mandatory exemption 
for the States to follow) (49 CFR 383.3(c)); farmers; firefighters; CMV 
drivers employed by a unit of local government for the purpose of snow/
ice removal; and persons operating a CMV for emergency response 
activities (all of which are permissive exemptions for the States to 
implement at their discretion) (49 CFR 383.3(d)). States may also issue 
certain restricted CDLs to other categories of drivers under 49 CFR 
383.3(e)-(g). Drivers with such restricted CDLs may still be covered by 
a disqualification under the 1986 Act arising from the use of hand-held 
mobile telephones while driving CMVs.
    The 1986 Act does not expressly authorize the Agency to adopt 
regulations governing the safety of CMVs operated by drivers required 
to obtain a CDL. Most of these drivers (those involved in interstate 
trade, traffic, or transportation) are subject to safety regulations 
under the 1984 Act, as described above. The 1986 Act, however, does 
authorize disqualification of CDL drivers by the Secretary. It contains 
specific authority to disqualify CDL drivers for various types of 
offenses, whether those offenses occur in interstate or intrastate 
commerce. This authority exists even if drivers are operating a CMV 
illegally because they did not obtain a CDL.
    In general, the 1986 Act explicitly identifies several ``serious 
traffic violations'' as grounds for disqualification (49 U.S.C. 
31301(12) and 31310). In addition to the specifically enumerated 
``serious traffic violations,'' the 1986 Act provides related authority 
that allows FMCSA to designate additional serious traffic violations by 
rulemaking if the underlying offense is based on the CDL driver 
committing a violation of a ``State or local law on motor vehicle 
traffic control'' (49 U.S.C. 31301(12)(G)). The FMCSRs state, however, 
that unless and until a CDL driver is convicted of the requisite number 
of specified offenses within a certain time frame (described below), 
the required disqualification may not be applied (49 CFR 383.5 
(defining ``conviction'' and ``serious traffic violation'') and 
383.51(c)).
    Under the statute, a driver who commits two serious traffic 
violations in a 3-year period while operating a CMV must be 
disqualified from operating a CMV that requires a CDL for at least 60 
days (49 U.S.C. 31310(e)(1)). A driver who commits three or more 
serious traffic violations in a 3-year period while operating a CMV 
must be disqualified from operating a CMV that requires a CDL for at 
least 120 days (49 U.S.C. 31310(e)(2)). Because use of hand-held mobile 
telephones results in distracted driving and increases the risk of CMV 
crashes, fatalities, and injuries, FMCSA is now proposing that 
violations by a CDL driver of State or local law or ordinance on motor 
vehicle traffic control that restricts the use of such mobile 
telephones while driving CMVs should result in a disqualification under 
this provision.
    FMCSA is authorized to carry out these statutory provisions by 
delegation from the Secretary as provided in 49 CFR 1.73(e) and (g).

C. Support for a Restriction on Mobile Telephones

    There is an overwhelming amount of public support for reducing 
distracted driving, including hand-held mobile telephone use, while 
operating a CMV. It is likely that most motorists either have first-
hand experience with or know someone who had a motor vehicle crash or 
near-crash event involving a distracted driver. There appears to be a 
steady increase in the use of electronic devices. Moreover, as outlined 
in the examples below, there is some evidence that CMV crashes and 
other incidents have been caused by the use of electronic devices.
    FMCSA is aware of several recent CMV crashes in which the use of a 
mobile telephone may have contributed to the crash. In one case, 
according to media reports, a truck driver from Arkansas told police 
she was talking on her cell phone when she became involved in a crash 
that killed two boys on May 9, 2010. In another media report, on March 
26, 2010, a tractor trailer crossed the median strip of Interstate 65 
in central Kentucky and collided with a van transporting 9 adults, two 
children, and an infant. All the adults and the infant in the van and 
the truck driver were killed. The NTSB is conducting an investigation 
into the crash, including attempting to determine if a mobile telephone 
was a factor in the crash.\8\ According to media reports, in February 
2010, a Montgomery County, Pennsylvania, school bus driver was 
allegedly talking on his cell phone before a deadly crash.\9\
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    \8\ https://www.ntsb.gov/Pressrel/2010/100514.html.
    \9\ Driver To Stand Trial In Fatal School Bus Crash. (April 20, 
2010) Philadephia, PA: KYW-TV. Retrieved from the CBS3 Web site, 
July 21, 2010, from: https://cbs3.com/local/montgomery.county.school.2.1645628.html.
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    In light of these incidents and the potential for more crashes due 
to

[[Page 80018]]

distracted driving, FMCSA proposes restrictions on the use of hand-held 
mobile telephones. We are requesting comments on whether to propose a 
complete prohibition on mobile telephone use by drivers of CMVs. We 
have included in this NPRM information on research studies as well as 
the positions of safety organizations and industry on the use of mobile 
telephones by CMV drivers.
National Transportation Safety Board Recommendation
    On November 14, 2004, a motorcoach crashed into a bridge overpass 
on the George Washington Memorial Parkway in Alexandria, Virginia. The 
National Transportation Safety Board (NTSB) determined that one 
probable cause of the crash was the use of a hands-free cell phone, 
resulting in cognitive distraction; therefore, the driver did not 
``see'' the low bridge warning signs. This crash was the impetus for an 
NTSB investigation (NTSB/HAR-06/04 PB2007-916201) and a subsequent 
recommendation to FMCSA regarding cell phone use by passenger-carrying 
CMVs.\10\ This rulemaking addresses part of this outstanding 
recommendation.
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    \10\ National Transportation Safety Board (2006) Motorcoach 
Collision with the Alexandria Avenue Bridge Overpass, George 
Washington Memorial Parkway, Alexandria, Virginia, November 14, 2004 
(Highway Accident Report NTSB/HAR-06/04; NTIS report number PB2007-
916201). Retrieved July 22, 2010, from: https://www.ntsb.gov/Publictn/2006/HAR0604.pdf.
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    In a letter to NTSB, dated March 5, 2007, the Agency agreed to 
initiate a study to assess:
     The potential safety benefits of restricting cell phone 
use by drivers of passenger-carrying CMVs,
     The applicability of an NTSB recommendation to property-
carrying CMV drivers,
     Whether adequate data existed to warrant a rulemaking, and
     The availability of statistically meaningful data 
regarding cell phone distraction. Subsequently, the report ``Driver 
Distraction in Commercial Vehicle Operations'' (VTTI Study (2009)) was 
published on October 1, 2009. This report is summarized in section D.
    Also in 2004, the NTSB investigated a truck-tractor median 
crossover crash in Sherman, Texas, that resulted in a collision and 
fire. The NTSB's report cited one probable cause as the driver's 
attempted or imminent use of a wireless device as a distraction from 
his driving duties.
    The Agency will post in the rulemaking docket any additional 
information it obtains about these investigations that might not be 
generally available to the public.
FMCSA's Motor Carrier Safety Advisory Committee's Recommendation
    Section 4144 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 
109-59, 119 Stat. 1144, 1748 (Aug. 10, 2005), required the Secretary to 
establish a Motor Carrier Safety Advisory Committee (MCSAC). The 
committee provides advice and recommendations to the FMCSA 
Administrator on motor carrier safety programs and regulations and 
operates in accordance with the Federal Advisory Committee Act (5 
U.S.C. App. 2).
    In MCSAC's March 27, 2009, report to FMCSA titled ``Developing a 
National Agenda for Motor Carrier Safety,'' MCSAC recommended that 
FMCSA adopt new Federal rules concerning distracted driving.\11\ MCSAC 
reported, ``Documented research shows that there are cognitive 
distractions and increases in crashes from cellular phone use and text 
messaging.'' Therefore, one of MCSAC's recommendations for the National 
Agenda for Motor Carrier Safety was that FMCSA initiate a rulemaking to 
ban the use of hand-held and hands-free mobile telephones while 
driving.
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    \11\ Parker, David R., Chair, Motor Carrier Safety Advisory 
Committee (March 27, 2009). Letter to Rose A. McMurray, Acting 
Deputy Administrator, FMCSA, on MCSAC National Agenda for Motor 
Vehicle Safety. Retrieved July 23, 2010, from: https://mcsac.fmcsa.dot.gov/documents/MCSACTask09-01FinalReportandLettertoAdministrator090428.pdf.
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Motorcoach Safety Action Plan
    In the November 2009 DOT Motorcoach Safety Action Plan, DOT 
identified seven priority action items that will have the greatest 
impact in reducing motorcoach crashes, injuries, and fatalities. One of 
these is a recommendation to initiate rulemaking to propose prohibiting 
texting and limiting the use of mobile telephones and other devices by 
motorcoach drivers.\12\
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    \12\ U.S. Department of Transportation (November 2009). 
Motorcoach Safety Action Plan. (DOT HS 811 177). Retrieved July 23, 
2010, from: https://www.fmcsa.dot.gov/documents/safety-security/MotorcoachSafetyActionPlan_finalreport-508.pdf.
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Distracted Driving Summit
    The information and feedback DOT received during its Distracted 
Driving Summit, held September 30-October 1, 2009, in Washington, DC, 
demonstrated both the need and widespread support for a ban against 
texting and mobile telephone use while driving. Attendees included 
safety experts; researchers; elected officials, including four U.S. 
Senators and several State legislators; safety advocacy groups; senior 
law enforcement officials; and representatives of the 
telecommunications and transportation industries. Summit participants 
shared their expertise, experiences, and ideas for reducing distracted 
driving behaviors. They addressed the safety risk posed by this growing 
problem across all modes of surface transportation.
    U.S. Transportation Secretary Ray LaHood stated: ``Keeping 
Americans safe is without question the Federal government's highest 
priority--and that includes safety on the road, as well as on mass 
transit and rail.'' In addition, the Secretary pledged to work with 
Congress to ensure that the issue of distracted driving is 
appropriately addressed.\13\ At the conclusion of the Summit, the 
Secretary announced a series of concrete actions that the Obama 
Administration and DOT are taking to address distracted driving, 
including immediately starting rulemakings that would ban texting and 
restrict, to the extent possible, the use of mobile telephones by truck 
and interstate bus operators, as well as to initiate rulemaking by the 
Federal Railroad Administration (FRA) to codify provisions of the FRA's 
Emergency Order No. 26 regarding restricting distracting electronic 
devices (see discussion below in Part E).
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    \13\ U.S. Department of Transportation (October 1, 2009). U.S. 
Transportation Secretary Ray LaHood Announces Administration-Wide 
Effort to Combat Distracted Driving (DOT 156-09). Retrieved July 23, 
2010, from: https://www.dot.gov/affairs/2009/dot15609.htm.
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    As a follow-up to the Summit, and based on data from studies on 
distracted driving, FMCSA initiated a number of actions to combat 
distracted driving by CMV drivers. Specifically, FMCSA issued 
Regulatory Guidance (75 FR 4305, January 27, 2010) that addressed 
texting by CMV drivers and issued a final rule (75 FR 59118, September 
27, 2010) that prohibits texting by CMV drivers. Finally, DOT held a 
second Distracted Driving Summit on September 21, 2010,
Safety Advocacy Organizations
    Numerous safety advocacy groups voiced support for a prohibition on 
mobile telephone use while driving. In January 2009, the National 
Safety Council (NSC) called for a nationwide prohibition on all cell 
phone use while driving.\14\ The NSC is focused on

[[Page 80019]]

alerting the American public to the fact that different distractions 
have different levels of crash risk. Additionally, Advocates for 
Highway and Auto Safety (Advocates) applauded DOT's effort to consider 
banning texting and restricting cell phone use by operators of CMVs. 
Advocates recently filed a petition for rulemaking requesting 
consideration of such action on the use of a wide array of electronic 
devices used by commercial drivers.\15\
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    \14\ National Safety Council, (n.d.). Distracted Driving. 
Retrieved July 21, 2010, from: https://www.nsc.org/safety_road/Distracted_Driving/Pages/distracted_driving.aspx.
    \15\ Gillan, J.S. (October 1, 2009). Safety Advocates Respond to 
U.S. DOT Secretary's Announcement on Measures to Reduce Distracted 
Driving by Commercial Operators. Retrieved July 21, 2010, from the 
Advocates for Highway and Auto Safety Web site: https://www.saferoads.org/files/file/Distracted%20Driving%20Statement%20by%20Judith%20Stone%20October%201,%202009.pdf.
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Transportation Industry Associations
Trucking Industry
    The American Trucking Associations, Inc. (ATA) adopted a policy 
supporting the safe use of technologies and encourages drivers and/or 
motor carriers to consider a range of policies and safeguards intended 
to reduce, minimize, and/or eliminate driver distractions that may be 
caused by the increased use of electronic technologies. ATA's policy 
recommends that manufacturers and others adopt awareness, training, and 
safety policies on the use of such technologies--unless they are 
already regulated--while operating a motor vehicle. ATA believes that 
the use of hand-held electronic devices and the act of texting with 
such devices while a motor vehicle is in motion should be 
prohibited.\16\ Another one of the initiatives on ATA's safety agenda 
is their policy on the use of non-integrated technologies while the 
vehicle is in motion.\17\
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    \16\ American Trucking Associations (October 29, 2009). 
Addressing the Problem of Distracted Driving. Written testimony to 
the Subcommittee on Highways and Transit, U.S. House of 
Representatives' Transportation and Infrastructure Committee. 
Retrieved July 21, 2010, from: https://www.truckline.com/Newsroom/
Testimony1/Randy%20Mullett%20_
%20Distracted%20Driving%20testimony.pdf.
    \17\ Boyce, C. (June 9, 2009) ATA Unveils Progressive New 
Highway Safety Agenda. Retrieved July 21, 2010, from: https://www.truckline.com/pages/article.aspx?id=541%2F%7b8E1C7279-ED27-4C03-B189-CEEEE26BBB12%7d
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    In fact, many ATA member fleets have already adopted company 
policies designed to reduce distractions while operating CMVs. Many of 
these fleets do not allow drivers to operate any electronic devices at 
all, including dispatching equipment, while the vehicle is moving. ATA 
conducted an opinion survey of its safety committees on the use of 
``non-integrated electronic devices.'' From the responses of these 
industry leaders, ATA found that 67 percent of respondents had a policy 
restricting or limiting the use of portable electronic devices while 
driving. United Parcel Service, Inc. has an existing policy of no 
distractions while behind the wheel (e.g., two hands on the wheel and 
no two-way communication); and FedEx does not allow drivers to use any 
electronic device while operating FedEx vehicles.\18\ Additionally, 
ExxonMobil and Shell are examples of large companies that prohibit 
employees' use of any type of cell phone while driving during work 
hours.\19\ Because numerous large commercial trucking operations 
already have policies that prohibit the use of portable electronic 
devices while driving, a restriction on hand-held mobile telephone use 
is not expected to have a significant adverse impact on trucking 
fleets.
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    \18\ Halsey, A. (October 2, 2009). Obama to Federal Employees: 
Don't Text and Drive. Washingtonpost.com. Retrieved July 21, 2010, 
from: https://www.washingtonpost.com/wp-dyn/content/article/2009/10/01/AR2009100103447_pf.html.
    \19\ Insurance Information Institute (December 2009). Cellphones 
and Driving. Retrieved July 21, 2010, from: https://www.iii.org/IU/Cellphone-and-driving/.
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    The Owner-Operators Independent Drivers Association (OOIDA) called 
upon government entities to aggressively pursue opportunities to 
educate the motoring public on safe driving practices and encourages 
law enforcement agencies to fully enforce existing laws pertaining to 
inattentive or negligent driving.\20\ The Truckload Carriers 
Association (TCA) supports the safe use of technologies and encourages 
drivers and/or motor carriers to consider a range of policies and 
safeguards intended to reduce, minimize, and/or eliminate driver 
distractions caused by the increased use of electronic technologies 
(e.g., global positioning systems, cellular phones, etc.) during the 
operation of all types of motor vehicles.\21\
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    \20\ OOIDA (n.d.). Distracted Driving. Retrieved from the OOIDA 
Web site, July 22, 2010, from: https://ooida.com/Issues&Actions/Issues/DistractedDriving/distracted-driving.htm.
    \21\ Truckload Carriers Association (March 8, 2009). Safe Use of 
Technology. Retrieved July 21, 2010, from: https://www.truckload.org/Safe-Use-of-Technology.
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Motorcoach Operators
    A spokesman for the United Motorcoach Association, which represents 
tour bus operators, stated that motorcoach operators should not 
tolerate drivers using mobile telephones unless there is an emergency. 
The American Bus Association (ABA) supports safety initiatives, and the 
safety culture of ABA and its member operators support such bans. ABA's 
pre-trip passenger safety messaging video instructs passengers, not 
drivers, to dial 911 in case of emergency. Only in extreme emergencies 
should drivers ever use a cell phone while operating motorcoaches. 
Furthermore, ABA asserted that hands-free use of cell phones is no 
better than hand-held cell phone use, as cognitive distraction is the 
safety issue in question.\22\ The ABA also drafted a model policy for 
members that states in part: ``Cell phones and regulated electronic 
devices (REDs) are not to be used while the vehicle is in motion. 
Incoming calls or transmissions received on company-provided or 
authorized cell phones or REDs should go into voicemail and may be 
checked only when the bus is parked in a safe location.''\23\ Numerous 
large motorcoach and bus operations have already adopted policies that 
restrict the use of portable electronic devices while driving (many of 
them are more restrictive than the ABA model policy).
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    \22\ Pantuso, P. (October 6, 2009). Government Seeks Tougher 
Laws on Distracted Driving. Retrieved July 21, 2010, from the 
American Bus Association Web site: https://www.buses.org/files/MemberAlertTextingCellPhones100509[1].pdf.
    \23\ ABA Strategic Safety Committee (2010). Recommended Model 
Company Policy: Cell Phones and Electronic Devices (REDs). Available 
in the docket for this rulemaking.
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School Bus Operations
    School bus operations are the focus of many States and local 
governments that have implemented distracted driving policies and laws; 
currently, 19 States and the District of Columbia \24\ ban school bus 
drivers from using a mobile telephone while driving. Many cities, 
towns, and counties prohibit mobile telephone use or texting by school 
bus operators. The American School Bus Council, whose membership 
includes: National Association for Pupil Transportation, National 
Association of State Directors of Pupil Transportation Services, 
National School Transportation Association, Blue Bird Corporation, IC 
Corporation, and Thomas Built Buses, recommends prohibiting the use of 
cell phones or other portable electronic devices--even those equipped 
with hands-free features--while driving and banning the use of cell 
phones while supervising the loading and unloading of students.\25\
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    \24\ Vermette, E. (2010). Curbing Distracted Driving 2010 Survey 
of State Safety Programs. Retrieved July 21, 2010, from: https://www.distraction.gov/files/research/GHSA-2010_distraction.pdf.
    \25\ American School Bus Council (February 14, 2007). American 
School Bus Council Exceeds NTSB's Recommendation on Cell Phone Use 
by School Bus Drivers. Retrieved July 23, 2010, from: https://www.americanschoolbuscouncil.org/uploads/pdf/Guidelines_Release.pdf.

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[[Page 80020]]

American Public Transportation Association (APTA)
    On December 31, 2009, the APTA Bus Safety Working Group published a 
Recommended Practice regarding employee-controlled distractions while 
operating a vehicle on agency time. The intent of the voluntary 
standard is to provide transit agencies with a guideline to develop 
policies and standard operating procedures regarding operator 
controlled distractions.\26\
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    \26\ APTA Bus Safety Working Group (December 31, 2009). Reducing 
Driver-Controlled Distractions While Operating a Vehicle on Agency 
Time. Retrieved from the American Public Transportation Association 
Web site, July 23, 2010, from: https://www.aptastandards.com/Portals/0/Bus_Published/APTA-BTS-BS-RP-005-09_employee_controlled_distractions.pdf.
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    FMCSA solicits comments about companies' or organizations' policies 
on drivers' use of mobile telephones and other portable electronic 
devices while driving CMVs on our Nation's highways.

D. Studies of Mobile Telephone Use While Driving

    There are a number of studies from both government and private 
sources related to distracted driving. However, there are few studies 
of distracted driving that focus on the CMV driver. The following peer-
reviewed studies were considered while developing this NPRM. These 
studies use different methodologies to analyze driver distraction. 
There are advantages and disadvantages to each methodology as follows:
     Simulator studies, and to some extent test-track studies, 
allow for experimental control over and measurement of the cognitive 
distractions, such as the type of phone conversation. These studies may 
have unrealistic driving and cell phone use conditions because they are 
not conducted on public roadways and therefore lack many of the risks 
associated with real world driving;
     Naturalistic driving studies use cameras and 
instrumentation in participants' vehicles to provide a clear picture of 
driver distraction under real-world driving conditions. However, these 
studies may have a small sample size of some of the individual 
distractions.

Overall, it is important to keep these differences in mind while 
comparing the results from different research methods. Regardless, 
these studies illustrate degradations in driver performance due to the 
effects of driver distraction.
Driver Distraction in Commercial Vehicle Operations \27\
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    \27\ Olson, R.L., Hanowski, R.J., Hickman, J.S., & Bocanegra, J. 
(2009). Driver Distraction in Commercial Vehicle Operations. 
(Document No. FMCSA-RRR-09-042) Washington, DC: FMCSA, July 2009. 
Retrieved July 26, 2010, from: https://www.fmcsa.dot.gov/facts-research/research-technology/report/FMCSA-RRR-09-042.pdf.
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    Under contract with FMCSA, the Virginia Tech Transportation 
Institute (VTTI) completed the study titled, ``Driver Distraction in 
Commercial Vehicle Operations,'' and released the final report on 
October 1, 2009. The purpose of the VTTI Study (2009) was to 
investigate the prevalence of driver distraction in CMV safety-critical 
events recorded in a naturalistic data set that included over 200 truck 
drivers and data from 3 million miles of operations. Of the 4,452 
safety-critical events noted in the combined data, 60 percent had some 
type of non-driving related task listed as a potential contributing 
factor. Safety-critical events are crashes, near-crashes, crash-
relevant conflicts, and unintentional lane deviations.

[[Page 80021]]

[GRAPHIC] [TIFF OMITTED] TP21DE10.067

    The VTTI Study (2009) separately examined the different sub-tasks 
associated with cell phone use. Although talking on the cell phone did 
not show an increased risk, as seen in Table 1, a driver must take 
several risk-increasing steps in order to use the electronic device for 
conversation. In particular, as also shown in Table 1, the use of a 
cell phone involves a variety of sub-tasks, including reaching for and 
holding the phone, performing the visually complex process of manually 
dialing the phone, and then carrying out the conversation. In FMCSA's 
view, the risk associated with cell phone use should be viewed as a 
series of related sub-tasks, not all having equal risk. The odds of 
being involved in a safety-critical event are three times greater while 
the driver is reaching for an object than when the driver is not 
reaching for an object. The odds of being involved in a safety- 
critical event are six times greater while the driver is dialing a cell 
phone than when the driver is not dialing a cell phone. But, according 
to the VTTI study, the odds of being involved in a safety critical 
event while talking or listening to a hand-held or hands-free phone do 
not show an increased risk.
    In addition, the population attributable risk (PAR) incorporates 
the frequency of engaging in a non-driving related task by the 
population of drivers. If a task is done more frequently by a large 
population of drivers, it will have a greater PAR percentage. High PAR 
percentages occurred for commonly performed tasks (i.e., a task, which 
if removed, would increase safety most). The PAR percentage for 
reaching for an object was the highest in the study at 7.6 percent. In 
other words, there would be 7.6 percent fewer safety- critical events, 
if reaching for an object while driving never occurred. The risk of 
being involved in a safety-critical event was greater for other 
distracting activities, but the prevalence of the distractions was 
greatest for reaching for an object. In contrast, the PAR for talking 
on a hand-held phone was relatively low, at 0.2 percent, and the PAR 
was not calculated for talking on a hands-free cell phone.
    FMCSA constructed a diagram that shows the relationship between the 
odds ratios of various activities conducted while driving and their 
associated eyes-off-roadway times. As seen in Diagram 1 (constructed 
from data in the VTTI study), those tasks that drew the driver's eyes 
away from the forward road led to a significant increase in risk. For 
example, texting, dialing, using other electronic devices, reading a 
map or grooming stand out as risky tasks.

[[Page 80022]]

[GRAPHIC] [TIFF OMITTED] TP21DE10.068

    During the 3.8 seconds the driver has his eyes off the forward 
roadway while dialing his mobile telephone, at 55 miles per hour, the 
CMV travels about the length of a football field, 306 feet.
    A complete copy of the final report for the VTTI Study (2009) is 
included in the docket referenced in the beginning of this rulemaking 
notice.
Distraction in Commercial Trucks and Buses: Assessing Prevalence and 
Risk in Conjunction With Crashes and Near-Crashes\28\
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    \28\ Hickman, J., Hanowski, R., & Bocanegra, J. (2010). 
Distraction in Commercial Trucks and Buses: Assessing Prevalence and 
Risk in Conjunction with Crashes and Near-Crashes. Washington, DC: 
FMCSA.
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    The purpose of this research was to conduct an analysis of 
naturalistic data collected by DriveCam[supreg]. The introduction of 
naturalistic driving studies that record drivers (through video and 
kinematic \29\ vehicle sensors) in actual driving situations created a 
scientific method to study driver behavior under the daily pressures of 
real-world driving conditions.
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    \29\ Kinematics is a branch of physics that deals with the 
motion of a body or system without reference to force and mass.
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    The research documented the prevalence of distractions while 
driving a CMV, including both trucks and buses, using an existing 
naturalistic data set. This data set came from 183 truck and bus fleets 
comprising a total of 13,306 vehicles captured during a 90-day period. 
There were 8,509 buses and 4,797 trucks. The data sets in the current 
study did not include continuous data; they only included recorded 
events that met or exceeded a kinematic threshold (a minimum g-force 
setting that triggers the event recorder). These recorded events 
included safety-critical events (e.g., hard braking in response to 
another vehicle) and baseline events (i.e., an event that was not 
related to a safety-critical event, such as a vehicle that traveled 
over train tracks and exceeded the kinematic threshold). A total of 
1,085 crashes, 8,375 near-crashes, 30,661 crash-relevant conflicts, and 
211,171 baselines were captured in the data set.
    Odds ratios were calculated to show a measure of association 
between involvement in a safety-critical event, which includes crashes, 
and performing a non-driving related task. The odds ratios show the 
odds of being involved in a safety critical event when a non-driving 
related task is present compared

[[Page 80023]]

to when there is no non-driving related task. The non-driving related 
task, ``any cell phone usage,'' includes all the specific cell phone 
sub-tasks, such as reaching for, dialing, talking or listening to a 
hand-held or hands-free cell phone.
    Drivers increased their odds of involvement in a safety-critical 
event by 1.14 times for ``any cell phone usage'' while driving. 
However, when the cell phone task was disaggregated into sub-tasks, the 
study results show that the sub-tasks involved with using a cell phone 
have different risks, some increasing and some decreasing the odds of 
involvement in a safety-critical event. The odds of involvement in a 
safety critical event increased significantly when truck and bus 
drivers performed certain non-driving related tasks:
     Reaching for a cell phone while driving increased the odds 
by 3.7 times;
     Dialing a cell phone while driving increased the odds by 
3.5 times;
     Reaching for a headset/earpiece increased the odds by 3.4 
times.

Drivers decreased the odds of being involved in a safety-critical event 
by .65 times while talking or listening on a hands-free cell phone. 
However, the odds ratio for talking/listening should not ignore the 
fact that a person usually has to reach for and dial a cell phone in 
order to talk or listen. Both consuming food/drink and talking/
listening on a hand-held cell phone (odds ratios = 1.11 and 0.89, 
respectively) had non-significant odds ratios (i.e., no increase or 
decrease in risk).
The Impact of Cognitive Distraction on Driver Visual Behavior and 
Vehicle Control
    While conclusive evidence is still lacking, several studies focused 
on cognitive distraction and its influence on driver performance. 
Harbluk, Noy, and Eizenman (2002) examined the impact of cognitive 
distraction on drivers' visual behavior and vehicle control.\30\ This 
instrumented-vehicle study examined changes in drivers' visual scanning 
driving patterns under three tasks varying in cognitive complexity: no 
distraction, an easy cognitive task (i.e., simple addition), and a 
difficult cognitive task (i.e., difficult addition). As predicted, 
drivers had significantly increased hard-braking events under 
distracted driving conditions. Interestingly, under distracted driving 
conditions, drivers made fewer eye movements, spent more time focusing 
on the central visual field, and spent less time scanning the right 
periphery. This suggests that visual scanning collapses to a minimal 
level under distracted driving conditions, increasing the risk that a 
driver will miss a critical event.
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    \30\ Harbluk, J. L., Noy, Y. I., & Eizenman, M. (2002). The 
Impact of Cognitive Distraction on Driver Visual Behavior and 
Vehicle Control (Report No. TP 13889E). Ottawa: Transport Canada. 
Retrieved July 26, 2010, from: https://people.usd.edu/~schieber/
materials/trans-canada-13889.pdf.
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A Decrease in Brain Activation Associated With Driving When Listening 
to Someone Speak
    Just, Keller, and Cynkar (2008) used functional magnetic resonance 
imaging (MRI) to investigate the impact of concurrent auditory language 
comprehension on the brain activity associated with a simulated driving 
task.\31\ Participants steered a vehicle along a curving virtual road, 
either undisturbed or while listening to spoken sentences that they 
judged as true or fals