Today’s post comes to us from our colleague Jon Gelman of New Jersey.
The Federal Motor Carrier Safety Administration (FMCSA) is proposing 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. Cell phones have become a major cause of distracted driving accidents resulting in an increase of workers’ compensation claims by employees as well as liability lawsuits against employers directly. This federal rule would be in addition to the many states which already ban hand-held cell phone use.
The following is a summary of the proposed rule: “FMCSA and PHMSA are amending Continue reading →
On Tuesday the National Transportation Safety Board (NTSB) issued a recommendation that could affect millions of truckers. The NTSB proposed that commercial drivers be banned from using both hand-held and hands-free mobile phones while driving on the job.
While the NTSB is a U.S. government organization, their recommendation is not a law. However the board’s actions may prompt local, state, and federal governments to pass laws that make driving while talking on the phone illegal, even if the driver is on a hands-free device.
If such a law were passed, and a commercial driver is using a cell phone while in an accident, in certain cases the driver would be unable to collect workers’ compensation benefits.
In Nebraska, and in some other states, a law banning the use of cell phones could affect the ability of truckers to collect workers’ compensation. Continue reading →