Re: What's Your Cellphone Policy ?

[rreschran]

With great interest, I read a news report where a repo agent was involved as driver of a Dodge tow truck traffic accident versus vehicle crash that killed an elderly motorist. The news alleged that the repo agent was looking at his cellphone when the tow truck crossed over the center line and collided with the approaching motorist. The foward and rearward camera's inside the wrecker were evidence used in the court case that accused automobile third-degree felony homicide, driving too fast for conditions, not wearing a seat belt and crossing the center line. The investigation noted that rain was an associated factor.

 

Using cellphones as a dispatching/call receiving tool is somewhat a norm in the industry for towing, towing dispatch, even repo activities, what's your company's cellphone policy?     R.

 

[Danny Knoll Jr]

A driver should never have a phone in his hand. If he is using apps, the phone musty be secured, hands free, and only used when stopped.

[brian991219]

A good cell phone policy is compliant with FMCSA regulations and state laws in the lower 48. It is important to note that just because a specific state may have a more lenient hand held device policy as a motor carrier you are subject to the FMCSA regulations as well. Most towing operations are true interstate motor carriers and are subject to the Federal regulations even when their state laws may appear to be more relaxed or offer limited exceptions under special circumstances.

 

Mine is very simple, no hand held use of any mobile device while driving and calls must be able to be answered, dialed and terminated with a single button push. Phone is to be mounted in a proper mount that is not attached to the windshield as there are very clear Federal regulations on what and where can be attached to a windshield in a CMV.

 

FMCSA regulations require all interstate motor carriers to have a written cell phone policy and provide it to their drivers with a signed copy in their files. Failure to do so can subject the motor carrier to fines up to $11,000 (actually more as it is adjusted yearly for inflation). The driver can also be cited with a fine up to $2,500 for violating the FMCSA regulations on cell phone use.

 

Here are the FMCSA regulations on use of handheld electronic devices (and remember the FMCSA applies this to any vehicle used for interstate business purposes with a gross weight rating greater than 10,000 pounds)

 

§392.80   Prohibition against texting.

(a) Prohibition. No driver shall engage in texting while driving.

(b) Motor carriers. No motor carrier shall allow or require its drivers to engage in texting while driving.

(c) Definition. For the purpose of this section only, driving means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle with or without the motor running when the driver moved the vehicle to the side of, or off, a highway, as defined in 49 CFR 390.5, and halted in a location where the vehicle can safely remain stationary.

(d) Emergency exception. Texting while driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.

[75 FR 59136, Sept. 27, 2010, as amended at 76 FR 75487, Dec. 2, 2011]

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§392.82   Using a hand-held mobile telephone.

(a)(1) No driver shall use a hand-held mobile telephone while driving a CMV.

(2) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV.

(b) Definitions. For the purpose of this section only, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.

(c) Emergency exception. Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services.

[76 FR 75487, Dec. 2, 2011]

[rreschran]

Hi Brian ... Thanks for the forensic answer, but I'm looking for examples of a "written" policy? I guess I could have asked that more clearer.

[brian991219]

My cell phone policy, and the same one I sell to my consulting clients as part of a whole FMCSA compliance package, is really short and sweet. It is one paragraph within an eight page Fleet Safety Policy Manual that all new hires are required to sign for after reviewing it during orientation.

 

I have copied the text below for you.

 

Mobile Communication and Computing Device Usage

 

All employees are prohibited from using any handheld mobile computing or communication device while operating any vehicle during the course of their employment with INSERT NAME HERE.  This includes tablet computers, laptop computers, cell phones, portable music players, gps navigation devices, and any other current or future device that would likely cause a distraction while operating a motor vehicle.  Single touch Bluetooth headset devices are permitted to be used for answering or originating cellular telephone communications if the usage of such device can be accomplished without causing a distraction and is in compliance with all applicable Federal, State, and Local laws relevant to the class and/or type of vehicle being operated.

[rreschran]

Now yer' talkin. Is this police part of an employee manual or a single page added to the employee file.       R.

 

[brian991219]

1 hour ago, rreschran said:

Now yer' talkin. Is this police part of an employee manual or a single page added to the employee file.       R.

 

I consolidate multiple policies within one policy manual for each classification with a single receipt signed by the employee during their orientation training. What I mean is I have a FMCSA/DOT required policy manual issued for the driver qualification file issues (cell phone, seat belts, speeding, etc) and a separate Employee Policy Manual for all employees. Given some employees may operate a non-commercial company vehicle several of the driver only policies are duplicated in the Employee Manual for simplification. I also have other job task specific policy manuals for other employee classes such as mechanic, dispatcher and lot attendant (covering task specific rules such as personal use of computers, requirements to use proper tools for torquing lug nuts ,etc).

 

All of these policies could be done as a single pages for each policy it just is that I have found it simpler to have them all bundled together in one document for each type of employee so that something is not overlooked by the hiring manager. This is especially important for smaller fleets that may not hire as many folks and are not always the most diligent with record keeping.

 

My method is to provide new hire training and orientation with the very first day spent going over the basics -collect required documentation for the employment file, payroll, insurance, emergency contacts and driver qualification file then go over the company handbook and basic policy manual (two separate documents usually). I do not just hand them a pile of forms to sign instead I take the time to explain each one (not all drivers are great readers) and make sure they understand what they are signing and why it is important. This piece of the orientation satisfies the FMCSA training requirement on several areas that motor carriers are required to train new hires on and provides clarity in the event of a incident later as to exactly what was expected of the employer and employee.

 

As policies are modified a single page addendum is distributed to all employees for review and signature, which is usually done during a company safety meeting or by calling them in individually. This updated page is then added to the employee file in either their driver qualification file (if FMCSA related) or general employee file (all non-DOT related updates). All future employees receive the updated policy as part of the complete manual and a revision date is tacked on all the printed forms to make sure it is the most current version being distributed.

[brian991219]

2 hours ago, rreschran said:

Now yer' talkin. Is this police part of an employee manual or a single page added to the employee file.       R.

 

By the way, check you personal email.