NTSB seeks total cell phone ban

Horrified by the findings of its probe of a fatal text messaging crash, the NTSB has come out in favor of a nationwide ban on the use of portable handheld electronic devices by drivers.

“It is time for all of us to stand up for safety by turning off electronic devices when driving,” NTSB chairman Deborah Hersman said at a Dec. 13 hearing on the 2010 multi-vehicle wreck. “How many more lives will be lost before we, as a society, change our attitudes about the deadliness of distractions?”

Electronic distracted driving “is becoming the new DUI,” board member Robert Sumwalt said. “It’s becoming epidemic.”

States would have to sign off on the NTSB plan for it to take effect, far from a given. Seventeen states have yet to outlaw all text messaging while driving, including Florida, Ohio and South Carolina. No state has banned all use of cell phones by drivers, although a few legislatures have briefly considered such a prohibition.

State legislatures that have banned the use of cell phones while driving have all exempted devices with hands-free accessories such as Bluetooth headsets. The NTSB recommendation is for a ban on non-emergency use of all cell phones, text messaging devices, smartphones and other portable electronic devices not related to operation of the vehicle. The board vote was unanimous.

The NHTSA board called for high-visibility enforcement to support distracted driving bans as well as campaigns to inform motorists of the new law and heightened enforcement. It noted that the Missouri State Highway Patrol handed out only 120 citations for texting (by drivers under 21) in a recent two-year period.

In the Gray Summit, Mo., crash, Daniel A. Schatz of Sullivan, driver of the pickup truck, rammed a truck-tractor after sending and receiving 11 text messages in the 11 minutes before the wreck. “The last text was received moments before the pickup struck the truck-tractor,” the NTSB reported in its findings on the Missouri chain reaction crash.

The pickup truck then was rear-ended by one school bus, which was then rear-ended by another school bus. Two people died, including Schatz. At least 38 people were injured.

“Driving was not (Schatz’s) only priority,” Hersman said. “No call, no text, no update is worth a human life.”

The NTSB report cited several other highly publicized distracted driving accidents, including:

• The 2008 commuter crash in Chatsworth, Calif., caused by a texting operator. Twenty-five people died and dozens were injured.
• The 2010 crash caused by a cell phoning tractor-trailer driver near Munfordville, Ky., in which 11 people died.
• The 2010 airline incident in which two pilots explained their one-hour overshoot of the Minneapolis airport by saying they were distracted by laptop computers.
• The NTSB noted its first investigation of an electronic distracted driving crash came in 2002, when a novice driver using a cell phone veered off the roadway in Largo, Md., crossed the median, flipped over the car and killed five people.

A National Highway Traffic Safety Administration report released in early December estimated that 13.5 million drivers are on cell phones during any moment in daylight hours. One in 100 drivers are making phone calls, texting or using the Internet at any moment, the report said.

The U.S. Transportation Department banned handheld cell phone use by interstate truck and bus drivers on Nov. 23. The DOT reported Dec. 8 that 3,092 people died in accidents linked to distracted driving in 2010.

Teen license act to ban talking & texting

Federal lawmakers have renewed their campaign for a nationwide standard for graduated driver licensing that would outlaw use of cell phones and text messaging for the young motorists.

Sen. Kirsten Gillibrand, D-N.Y., and Rep. Tim Bishop, D-N.Y., reintroduced the Safe Teen And Novice Driver Uniform Protection Act (STANDUP Act) this week.

Parents who lost teens in traffic accidents joined with safety and insurance groups Tuesday on Capitol Hill to show their support for the act, previously introduced in 2009 and 2010. It failed to become law in the previous Congress.

A day earlier, the Department of Transportation and Consumer Reports announced their partnership to cut down on teen distracted driving deaths.

STANDUP Act sponsor Gillibrand (pictured) told the press conference: “Our teens just need to have the opportunity to have the chance to learn in the right circumstances, so they can build their skills, so they aren’t taking risks too early, without those skills to protect them. …

“The nation should follow New York’s lead and establish strong minimum requirements for graduated driver’s licenses in all 50 states.”

The House’s Bishop said: “There isn’t a state in the nation, including New York, that has dodged the terrible suffering associated with preventable teen deaths in car crashes year in and year out. The STANDUP Act will make roadways safer for future teens, their families, and friends.”

Other sponsors of the act include Sen. Amy Klobuchar, D-Minnesota, and Rep. Chris Van Hollen, D-Maryland.

Other graduated driver licensing rules proposed by the act include a limit on the number of passengers allowed, a minimum licensing age of 16 and a prohibition of unsupervised nighttime driving.

Many states use graduated driver licensing but write their own standards, resulting in a patchwork of laws. Six states, for example, allow teens to apply for licenses at age 14. Under the act, a full driver’s license would not be issued to any driver under the age of 18. Drivers must first show success with a learner’s permit and an intermediate license, with decreasing restrictions.

Some states already ban the use of cell phones and texting devices by young drivers, and more are considering the action via legislation introduced this year. Opponents have said the bans single out teens while studies show adult drivers exhibit many of the same dangerous behaviors.

The federal government can’t actually force states to adopt any set of driving rules. Instead, the carrot-and-stick approach rewards states that meet the minimum standards for graduated driver licensing with extra funding and withholds highway funds from states that don’t.

Advocates say that more than 40,000 teens have died in crashes over the past five years.

The DOT’s Roy LaHood and Consumer Reports unveiled a brochure warning of the dangers of distracted driving by teenagers. It was designed as an action plan for parents and educators (PDF).

A survey taken last fall by Consumer Reports reports that the majority of drivers under the age of 30 had used a handheld cell phone in the previous month. Only about a third showed concern for the risks of distracted driving.

LaHood said at the Consumer Reports event that he was not ready to commit to federal restrictions on in-vehicle interactive services such as Ford’s Synch and GM’s OnStar.

“We base our solutions on data, and before I or anyone else gets up and starts talking about ‘hands-free this’ or ‘hands-free that,’ or Sync or whatever, we want to have good data to back it up,” LaHood said.

LaHood to critics: ‘We won’t be deterred’

Shrugging off his critics, DOT crusader Ray LaHood reaffirmed his passion for the fight against distracted driving.

In a Washington ceremony marking the first anniversary of FocusDriven’s founding, the Department of Transportation chief responded to recent public criticisms of his zeal from the former leader of the National Highway Traffic Safety Administration:

“We will not be deterred by false choices about addressing distracted driving on the one hand and alternative critical safety issues on the other,” LaHood told his audience.

Jeffrey Runge, the former highway safety official, told USA Today that “we shouldn’t be distracted by distraction,” and instead should address larger transportation safety issues. USA Today previously published articles disputing the benefits of distracted driving laws, based in part on controversial research by the Insurance Institute for Highway Safety.

“Distracted driving is a deadly epidemic and when it comes to road safety, we will not take a back seat to anyone,” LaHood said at the Jan. 20 session.

FocusDriven president Jennifer Smith, a frequent speaker at LaHood’s gatherings, said, “The statistics show that it’s no longer ‘if’ someone you know will be affected by distracted driving, it’s ‘when.’” The group unveiled a new PSA, “5500 campaign,” which shows pictures of hundreds of victims of inattentive driving. “5500″ refers to the number of people killed in 2009 whose deaths were linked to distracted drivers.

LaHood took some credit for the wave of distracted driving legislation and laws sweeping the nation. “Because of our collective efforts, 30 states have outlawed texting behind the wheel, and eight states have banned handheld cell phone use for all drivers. He said more than than 270 distracted driving-related bills were considered nationwide in 2010.

A rep for Safeway grocery stores discussed the chain’s recent decision to prohibit its truck drivers from talking or texting on cell phones, or from using hands-free devices while driving. LaHood has pushed, with some success, for big business to adopt policies that should prevent distracted driving.

The Network of Employers for Traffic Safety presented results of its recent campaign promoting anti-distracted driving corporate policies. Of the 4,690 organizations that responded to the Drive Safely Work Week push, almost 90% plan to have a cell phone policy in place within the next year, NETS said.

The DOT also unveiled the latest in its “Faces of Distracted Driving” video series, focusing on a Nebraska teen killed by a texting driver.

DOT seeks big rig cell-phone ban

The federal Department of Transportation wants commercial drivers to shut up and drive.

The DOT released a plan Dec. 17 that would ban handheld cell phone use by interstate truckers and bus drivers.

“Every time a commercial truck or bus driver takes his or her eyes off the road to use a cell phone, even for a few seconds, the driver places everyone around them at risk,” said U.S. Transportation Secretary Ray LaHood. “This proposed rule will go a long way toward keeping a driver’s full attention focused on the road.”

The DOT cannot tell states how to regulate their roadways — or outright ban electronic distracted driving — but it has authority over safety practices on interstate commercial vehicles. In this case, up to 4 million instate commercial drivers would be affected.

Use of a handheld cell phone while driving will cost a commercial driver up to $2,750 for each offense and possible revocation of their driver’s license (CDL) for repeated offenses. The motor carrier companies could be fined up to $11,000. Use of hands-free accessories would be allowed.

Text messaging already is banned by the Federal Motor Carrier Safety Administration (as of October).

The proposed FMCSA rule on cell phone use has entered a two-month comment period.

“Implementation of this proposal would help make our roads safer and target a leading cause of distracted driving,” said FMCSA chief Anne Ferro.

A long list of companies already has prohibited its drivers from cell phoning while on the road, the DOT noted, including UPS and Wal-Mart.

The trucking industry has been carefully watching any efforts to limit technology in its big rigs.

“We get that the trucking biz is hard,” DOT chief Ray LaHood said of the texting ban for interstate drivers. “We’re just trying to save lives.”

Distracted Driving Summit agenda

The second Distracted Driving Summit will devote several hours to using the media to combat text messaging and handheld cell phone use by motorists.

Attendees at the one-day session on Sept. 21 will hear presentations on the topics “Social Media: Reaching the Younger Generation and Beyond,” “Public Service Ads: What Does and Does Not Work,” “Communications and Media,” “Marketing/Advertising Using Traditional Media” and “Media Relations/Earned Media.”

In keeping with the media outreach theme, the 2010 Distracted Driving Summit will be webcast live from Washington at distraction.gov.

“One year after our first national Distracted Driving Summit, we will reconvene to take stock of our progress and reassess the challenges and opportunities that lie ahead,” said U.S. Transportation Secretary Ray LaHood, who will deliver the opening and closing remarks.

The first panel session, “A Year of Action” will look at the considerable progress made in the past 12 months by those seeking an end to handheld cell phone use and text messaging while driving. Moderating is Janet Froetscher, president of the National Safety Council.

“Addressing Distracted Driving Across the Modes of Transportation” goes beyond the teens and commuters that are often the focus of safety campaigns. John Porcari, deputy secretary at the DOT, delivers the update.

Following up is “Confronting the Distracted Driving Challenge Moving Forward,” with segments on employers and commercial carriers, technology and legislation.

Jennifer Smith of the activist group FocusDriven will speak before LaHood’s wrap. Smith, who lost her mother in a distracted driving crash, has been working closely with the DOT.

Questions for the panelists may be emailed in advance to DDSummit@dot.gov. Anyone can ask.

View the complete agenda for the 2010 Distracted Driving Summit.

Sequel to U.S. distracted driving summit

Citing a “powerful momentum” from last year’s national summit on distracted driving, the Department of Transportation plans a sequel for Sept. 21.

DOT chief Ray LaHood sent out the call to transportation officials, safety advocates, law enforcement, mobile phone and auto industry reps, safety researchers, and those whose lives have been shattered by distracted drivers. The event will be in Washington, D.C.

LaHood, who has seen his personal brand soar with his campaigning on the distracted driving issue, says a new national summit is needed:

“We’ve learned a lot in the past year, but there is plenty of new information to share. … With 6,000 people being killed annually by distracted driving and more than half a million others being injured — we can’t afford to be satisfied,” LaHood wrote on his “Fast Lane” DOT blog.

“We’re not about to rest now,” LaHood wrote.

The DOT pointed to these accomplishments since the 2009 Distracted Driving Summit:

• Dozens of new state and local distracted driving laws and bills.
• The texting and driving ban for federal workers.
• Establishment of the Focus Driven advocacy group.
• The U.N. “Global Call” for an end to distracted driving.
• Pilot enforcement sweeps in Hartford and Syracuse (currently under way).

Safety law foes quit after LaHood lashing

Washington lobbyists who planned to fight distracted driving laws and legislation have backed down after a scolding from the head of the U.S. Department of Transportation.

The would-be DRIVE Coalition withdrew its proposal for a corporate-backed campaign after the DOT’s Ray LaHood blasted the initiative at a press conference, dubbing it “a new effort to rile up corporate America and undermine the achievements of our campaign against distracted driving.”

A spokesman for DRIVE said it had achieved the goal of expanding the distracted driving debate beyond electronic devices. The lobbyists had called the tech and auto industries “collateral damage” in the national movement to rein in distracted drivers.

News of the proposal from the Seward Square Group made national headlines last week after an investigative web site posted the group’s recruitment pitch to wireless, tech, insurance and auto companies.

The media-conscious LaHood quickly scheduled a press conference for after the holiday break.

At Wednesday’s DOT press conference, LaHood revisited the dangers of telephoning while driving, saying 28 percent of wrecks were linked to cell phones. “To suggest (cell phone use is not dangerous) is to put your head in the sand. To spend considerable resources to suggest otherwise is a glaring waste.

“That’s why I was stunned to read that anyone would organize an effort to undercut road safety, much less declare that the ‘auto, tech, and insurance industries have become collateral damage.’ ”

Jim Hall, who headed the National Transportation Safety Board for the Clinton administration, attended the press conference to deny the DRIVE coalition’s claim that he would have spearheaded the campaign, saying his views were misrepresented. Hall, however, does work with the Seward Square Group.

Considering the publicity generated by the plan, it’s not surprising that Babak Zafarnia, the would-be coalition’s spokesman, declared a victory of sorts:

“We are pleased that the concept has met its goal of expanding dialogue on distracted driving, therefore the proposed coalition is no longer being pursued,” he said in a statement. “We commend Secretary LaHood for his leadership in bringing a comprehensive view to this complex issue.”

Meanwhile, Ford Motor Co. said it will add a “do not disturb” function to its Sync communications system. The intent is to block functions “that are not relevant to the task of driving while the vehicle is in motion,” Ford said.

That includes incoming phone calls and text messages, which are routed for later access.

The do not disturb button will be added to the carmaker’s controversial My Ford Touch system (an upgraded Sync), which includes a Web browser. Ford said drivers won’t be able to use its Internet functions while in motion. Typing on a keyboard and entering destination details on GPS also are blocked to drivers.

LaHood recently expressed concerns about the new media applications being added to motor vehicles in an effort to please the wired generations.

U.S. Senate panel OKs state incentives

A key U.S. Senate panel has signed off on “the Distracted Driving Prevention Act,” which would bring $94 million in incentives to states that ban dangerous activities such as texting and cell-phoning while behind the wheel.

On June 9, the Senate Committee on Commerce, Science and Transportation approved the driver safety legislation (SB 1938) from Sens. Jay Rockefeller, D-W.Va., and Kay Bailey Hutchison, R-Texas. It now goes to the full Senate.

The approval was no surprise since Rockefeller is chairman of the Senate committee and Hutchison is its senior member.

Hutchison noted that the Senate bill would not endanger existing highway funding. A rival plan, SB 1536, would cut existing grants to states that don’t ban texting while driving.

“I think it is most appropriate for the states to handle this issue and devise laws that best meet their particular needs,” Hutchison said of her plan. “Our legislation does not threaten states with lost highway funds if they elect not to enact a distracted driving law.”

The plan would establish an incentive grant fund that would be shared with states that adopt laws in line with the U.S. Department of Transportation’s guidelines. Funding would come from other government auto safety programs.

In order to get a share of the $94 million distracted-driving-law incentives, states would have to ban texting and use of handheld cell phones for those operating a motor vehicle.

Enforcement must be primary, meaning police can pull over and cite motorists for these offenses alone. Some states have watered-down laws and legislation that require another offense such as speeding before a driver can be cited.

Senators wondered if the incentives were necessary since more than half of the states already have adopted bans on texting and driving.

“It’s not as if the states are ignoring this issue and need this financial push from Congress,” Sen. Roger Wicker, R-Miss., said.

‘Erica’s Law’ goes to Congress

States that don’t ban cell phone use by drivers in school zones would lose federal funding under a bill proposed by Colorado congresswoman Betsy Markey.

“Erica’s Law” is named after 9-year-old Erica Forney, who was killed by a driver using a cell phone. The girl was biking home after school. Erica lived in Markey’s district of Fort Collins.

Several bills are pending in Congress that would tie distracted driving laws and federal highway funding, including one sponsored by West Virginia’s Sen. Jay Rockefeller.

Colorado’s ban on text messaging went into effect in December. A hands-free provision was stripped from the legislation (HB 1094) before passage, however. The law also prohibits drivers under 18 from using any kind of cell phone. Gov. Bill Ritter signed the text-messaging ban in Fort Collins as a reminder of Erica.

“When any of us get behind the wheel of a car, driving safely and responsibly must be our number one priority,” said Markey, a Democrat. “Having seen the tragedy of distracted driving strike so close to home in my own community and as a mother of three, it is the responsibility of all Americans to help safeguard our children, and there’s no better place to start than in our neighborhoods’ school zones. …

“Studies show that distracted driving is just as dangerous as drunk driving,” Markey added.

Erica Forney’s mother, Shelley, said she communicated with Markey on the bill, which is “phenomenal.”

Markey recently pushed through the congressional designation of April as Distracted Driving Awareness month. She also hosted a distracted driving summit in Fort Collins on March 27.

DOT seeks full trucking & texting ban

The nation’s interim ban on text messaging by truckers is on the road to becoming permanent.

The U.S. Department of Transportation announced Wednesday that it had officially proposed the rule and was entering a 30-day comment period.

“We get that the trucking biz is hard,” DOT chief Ray LaHood tweeted after the announcement. “We’re just trying to save lives.”

The rule applies to interstate truckers and bus drivers whose vehicles weigh more than 10,000 pounds. Violators would face fines and possible disqualification from commercial trucking. The interim ban was based on interpretation of existing regulations.

A Virginia Tech Transportation Institute study from last summer found that the truckers who were texting were 23 times more likely to get in a wreck. The DOT helped pay for the texting and trucking study.

Federal Motor Carrier Safety Administration chief Anne Ferro said: “We are committed to using every resource available to eliminate the dangers of distracted driving. And this rule-making to prohibit texting by interstate commercial truck and bus drivers reinforces that commitment.”

The trucking industry has been carefully watching any efforts to limit technology in its big rigs, but appears to support this action. The DOT rule would not prohibit talking on cell phones, or using devices like GPS or in-cab fleet management systems. The FMCSA said it “plans to address these distractions in future rulemakings.”

One of the highest-profile tragedies involving a tractor-trailer came on Florida’s infamous “Bloody 27″ highway, heavily used by truckers. Heather Hurd, 27, was killed by a trucker who was fumbling for his text messaging device as he slammed into her vehicle, which was stopped at a red light. Her fiance was seriously injured and another woman died as well. The fatality inspired Heather’s Law, which is back before the Florida Senate this year as SB 244.

The DOT signaled its intention to pursue the interstate ban on text messaging at last fall’s Distracted Driving Summit.

The DOT unveiled a new web site for comments on regulations, which in this case will be accepted until May 3.

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