New Rule Is Clear on Employer Liability, Silent on Enforcement Methods
RESTON, VA – The U. S Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) have handed down a new joint rule prohibiting interstate truck and bus drivers from using handheld mobile phones while driving. While the new rule is crystal clear with regard to employer liability and penalties, it is silent with regard to suggestions on how motor carriers should enforce driver compliance.
Regarding employer liability, the rule states that carriers are responsible for the actions of their employees and will generally be held accountable (with a maximum penalty of $11,000) for handheld ban violations that occur when drivers are carrying out company business or otherwise acting on the employer’s behalf.
Regarding enforcement methods, the FMCSA felt it unnecessary to make recommendations, choosing instead to clarify that an employer having a written policy in place is not deemed a method of enforcement, and if a violation occurs, the employer will still be held accountable for its employee’s actions.
“Research has shown that bans on handheld mobile phone use while driving are inherently difficult to enforce and, left to their own devices, drivers are not inclined to put their phones down just because they are told to,” said ZoomSafer CEO Matt Howard. “This new rule is clearly a step forward in the fight to prevent distracted driving – but with no clear guidelines for compliance enforcement, it unfortunately leaves employers holding the bag as far as liability is concerned.”
To minimize liability and foster compliance with this new rule, commercial fleet operators are encouraged to evaluate FleetSafer Mobile and/or FleetSafer Vision, simple and affordable technology services that respectively actively or passively promote safe and legal use of cell phones while employees are driving on the job. To request a demo of FleetSafer™ solutions, please visit http://zoomsafer.com/fmcsa-solutions-demo/.
About ZoomSafer
ZoomSafer is a leading provider of enterprise software to prevent distracted driving. FleetSafer™ solutions enable employers to measure, manage and enforce cell phone usage policies to reduce crashes, risk, liability and expense. For more information, please visit www.zoomsafer.com.