No more cell phone use for commercial drivers?

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On Wednesday last week the DOT/FMCSA finalized a rule banning commercial truck and bus drivers from hand held use of mobile phones while driving.

As we’ve discussed previously, this is very important development for three main reasons:

1.       The rule is crystal clear with regard to employer liability, stating that carriers are responsible for the actions of its employees and will generally be held accountable (fines up to $11,000 per incident) for violations that occur when drivers are carrying out company business or otherwise acting on the employer’s behalf.

2.       The rule is silent with regard to recommended enforcement methods, choosing instead to clarify that an employer having a written policy in place is not sufficient enforcement, and if a violation occurs, the employer will still be held accountable for the employee’s actions.

3.       Rules violations count against the carrier’s BASICS score under the “Unsafe Driving” category.