Cellular Phone Rulings

CMV Drivers Don’t’ Touch That Cell Phone Before Reading This 

The Ban
The Federal Motor Carrier Safety Administration’s, FMCSA, “Drivers of CMVs: Restricting the Use of [Handheld] Cellular Phones” ruling will be put into effect starting January 3, 2012. The ban is an industry wide ban on the use of all handheld cell phone devices and only carriers exempt from Missouri federal rulings will remain unaffected. Also, this new ruling will carry stiff penalties for drivers and any carriers who allow their drivers to violate the ban. The ban is not just while drivers are on the roadways, but also while sitting in traffic and even stopped at stop lights or signs.
The ban has been labeled as a severe traffic violation and the fines and penalties reflect as much. For each violation of the new ruling, truck drivers will be facing federal civil fines as high as $2,750. A second or third violation within a three year time frame will result in a 60 to 120 day CDL disqualification. In addition, the driver and the carrier’s CSA scores will be affected by any conviction of the ruling. Carriers will face an $11,000 fine for knowingly allowing their drivers to use handheld phones while operating their equipment. The complete ruling can be found here:  http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/html/2011-30749.htm.
The Reactions
Coming on the heels of the new CSA rules, many drivers feel this is yet another FMCSA ruling targeting drivers just to extract more fines from their pockets. The ruling was said to have been based on research and was enacted for safety issues, but most drivers use their CB far more than a cell phone yet CB radios were not included in the ban. This has left drivers asking why. Will Smith, a company long haul driver said, “If this was to reduce distracted drivers by banning the use of their hands to hold a phone, why not ban CB radio use while driving? We use our hands constantly to push and hold the key-up button on the mic.” A ban on CB communication while driving would prove too counterproductive as most drivers rely on it for road conditions and such. Also, there is no need to avert the eyes from the road to use a CB as with cell phones.
The few civilians aware of the new ruling feel a sense of relief knowing that the big rigs and busses they share the roadways with will now be even that more focused. They were pleased to learn a ban against texting for CMV drivers had already been enacted and this just adds to their peace of mind. However, most people outside of the industry are unaware of the ruling.
The Allowable
CMV drivers are allowed to use hands free cell phone devices and headsets. However, there are limitations and restrictions on these too. Drivers cannot reach for their phones, dial them or even hold them as long as they are driving or in the roadway at all. So, to be able to dial out while operating a CMV the phone must be equipped with one touch calling and/or voice activated dialing. Therefore, the use of headsets or a hands free system, such as the type that work through the speakers are mandatory for phone usage to avoid a citation and hefty fines.

The Growing Problem of Cargo Theft

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In the good old days truck drivers might have to worry about weigh stations, speed traps, other drivers not paying attention. Now, truck drivers have to worry about thieves stealing their cargo. Although this has always been somewhat of a concern, the number of thefts has increased dramatically. In the 1960’s, when cargo was stolen, it was more of a hijacking than theft. In the 60’s, cargo was often stolen by a hoodlum with mob ties holding a gun in the driver’s ribs and driving away with the merchandise. In the 2000’s, the theft is usually less dangerous but no less frustrating.

In 2009 there was $487 million in goods stolen from truckers in the United States. In 2008 there was $290 million stolen from truck drivers, or a 67% increase. There were over 850 loads stolen in 2009, in 2007 there were 672 stolen. As the national economy struggles, those numbers are likely to keep increasing.

The California Highway Patrol believes that more and more cargo thefts are being performed by individuals rather than organized criminals. The thieves camp out at a warehouse; follow the truck, sometimes for days and often miles. When the truck is left unattended, the thieves steal the cargo. This is usually accomplished in one of two ways. At truck stops, if a driver goes in to eat, use the restroom, or shower, the thieves may break into the rig and drive off with tractor and the trailer. Or, if a driver unhitches from his or her trailer in a drop-lot to run some errands, the thieves may hitch their own tractor to the trailer and take off.

Often, the stolen tractor and trailer or just trailer is found nearby, but the merchandise will have been removed to another trailer. Sometimes the trailer will have been painted or altered in some other way to slow the process of discovering that the trailer once carried the missing merchandise in order to slow pursuit. Unfortunately, more often than not, once the merchandise has been transferred to another trailer, catching the thieves is nearly impossible.
The average loss of merchandise when a trailer’s contents are stolen was $350,000 in 2009. Of course that problem is compounded in those instances when the thieves keep, destroy, or damage the tractor and or the trailer. For independent drivers, those losses can be devastating.

The most common freight targeted is electronics, food, clothing, pharmaceuticals, and cigarettes. These are items that can be easily resold to either smaller shops that might not be as interested in where the goods originated, or the stolen goods might be sold individually. Perhaps the most dangerous thefts are from trailers carrying pharmaceuticals. In February, 2009, a trailer with over $11 million worth of insulin was stolen. Contaminated medicine bought through the black market presents a major health concern.

Solutions

Haulers are investigating solutions to the cargo theft. One part of the solution includes knowing what kind of freight is most often stolen. Another solution is knowing what areas have the
most threats. Finally, owners are working on better ways to electronically track the merchandise and not just the tractors and trailers.

As the number of cargo thefts increase, cargo companies are cooperating with each other in order to decrease the number of thefts. The cooperation might be limited to loss prevention,
but with more people cooperating and keeping an eye out for thieves and helping each other be safer and keeping cargo safe, everyone wins. Insurance companies are also working with and helping the cargo companies do all they can to prevent loss. With the losses of cargo to thieves mounting, hauling companies and drives realize they have to do all they can to stop that trend.