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Writer's pictureBrandon Wiseman

Combating distracted driving & crafting an effective policy



Distracted driving is a major problem in the U.S., and its dangers are magnified in the trucking industry. It's no surprise that a commercial driver's inattention for even a few seconds can result in catastrophic accidents. For fleet managers, the stakes are high: distracted driving can lead to increased insurance premiums, legal liabilities, operational disruptions, and tragically, loss of life.


In 2022, the National Highway Traffic Safety Administration (NHTSA) reported 3,308 deaths due to distracted driving, underscoring the urgency of this issue. And according to FMCSA data, law enforcement has already written up over 7,000 distracted driving violations to commercial drivers during roadside inspections in 2024 year-to-date. Given these alarming statistics, truck and bus companies must implement stringent distracted driving policies to safeguard their drivers, protect the public, and comply with Federal Motor Carrier Safety Regulations (FMCSRs). This article outlines practical tips for developing an effective distracted driving policy for trucking fleets, backed by research and data.



What is Distracted Driving?


According to NHTSA, "distracted driving is any activity that diverts attention from driving, including talking or texting on your phone, eating and drinking, talking to people in your vehicle, fiddling with the stereo, entertainment or navigation system — anything that takes your attention away from the task of safe driving." In short, distracted driving refers to any activity that diverts attention from driving. Distraction comes in many varieties, including:


  • Visual distractions: Taking eyes off the road (e.g., checking GPS, glancing at a phone).

  • Manual distractions: Removing hands from the wheel (e.g., eating, adjusting controls).

  • Cognitive distractions: Taking the mind off driving (e.g., daydreaming, conversations).


While distractions can stem from many things, the most prominent sources for commercial drivers seem to be cell phone use (calls or texting), in-cab technologies, and fatigue. According to the FMCSA data, truck drivers are 23.2 times more likely to be involved in a safety-critical event (such as a crash or near-crash) if they are texting while driving. Even reaching for an object can increase crash risk by 6.7 times.


The Impact of Distracted Driving on Fleets


For regulated motor carriers, the consequences of distracted driving are severe. Accidents & violations can lead to:


  • Increased insurance premiums: Insurance companies often raise premiums for companies with high accident rates and/or safety metrics.

  • Regulatory fines: Violating FMCSA rules on mobile device use can lead to fines of up to $2,750 for drivers and up to $11,000 for employers, not to mention driver disqualification.

  • Operational disruption: Accidents and roadside violations can lead to vehicle downtime, delays in deliveries, and damage to client relationships.

  • Reputational damage: A carrier's brand can be tarnished if it becomes associated with negligent behavior like distracted driving.

  • Legal liability: Lawsuits stemming from accidents caused by distracted driving can cost millions in settlements or judgments. Many so-called "nuclear verdicts" stem, at least in part, from distracted driving.


Crafting a Distracted Driving Policy for Your Fleet


Developing a comprehensive distracted driving policy is essential for carriers to reduce accident exposure and ensure compliance with federal (and related state) regulations. Below are steps and tips to help fleets create and implement an effective policy.


Understand the FMCSA Regulations on Mobile Devices


The FMCSA has strict rules for commercial drivers regarding the use of mobile devices. 49 CFR 392.82 provides that a regulated driver is prohibited from holding a mobile phone to make a call or dialing by pressing more than one button. Hands-free operation is allowed, but the driver must use an earpiece or speakerphone function. In addition, the regulations (49 CFR 392.80) strictly prohibit texting while driving.


Violating these rules can lead to significant fines and possible disqualification from operating a commercial motor vehicle. Indeed, drivers who are convicted of violating these rules twice in a 3-year period are disqualified from driving a CMV for 60 days. And drivers convicted 3 or more times in a 3-year period are disqualified from driving for 120 days. See 49 CFR 391.15(e).


A carrier's distracted driving policy should clearly state that any violation of these regulations is unacceptable and will result in disciplinary actions, up to and including termination.


Incorporate Distracted Driving Statistics


Getting the point across to drivers can be more effective if it’s backed by statistics that show the real-world risks of distracted driving. Some compelling stats to consider:


  • According to the FMCSA, the average text message takes a driver’s eyes off the road for approximately 5 seconds. At highway speeds, that’s the equivalent of traveling the length of a football field blindfolded.

  • The National Safety Council (NSC) reports that cell phone use while driving leads to 1.6 million crashes annually, with texting being the most alarming form of distraction.

  • The Insurance Institute for Highway Safety (IIHS) found that distracted driving was responsible for 8% of fatal crashes involving large trucks in 2020.


Set Clear Expectations and Consequences


A successful distracted driving policy must set clear expectations for driver behavior and outline consequences for violations. Accountability is key! Consider the following:


  • No tolerance for handheld phone use: Drivers should be prohibited from using handheld phones or devices for texting or calling while the vehicle is in motion.

  • Restrictions on in-cab technology: GPS devices and other technology should be voice-activated or programmed before driving to minimize distractions.

  • Fatigue management: Cognitive distractions often stem from fatigue. Encourage drivers to take adequate breaks as required under the hours-of-service rules, and implement operational and dispatch policies that promote sufficient rest.

  • Penalties for violations: Specify that violations of the distracted driving policy will result in disciplinary actions, ranging from warnings to termination, depending on the severity of the violation.


Promote Hands-Free Technology


One of the most effective ways to combat distracted driving is to encourage hands-free devices in all fleet vehicles. Consider equipping trucks and/or buses with:


  • Bluetooth-enabled systems: These allow drivers to make calls without taking their hands off the wheel or their eyes off the road.

  • Voice-activated GPS: Drivers should not need to type addresses or interact with the GPS manually while driving.

  • Dashcams and telematics: Many fleets are now using video monitoring systems to track driver behavior. These devices can help identify risky driving patterns and provide coaching opportunities for improvement.


Provide Ongoing Training and Education


One-time training is rarely enough to maintain safe driving practices. Regular training and reinforcement are necessary to keep distracted driving at the forefront of your drivers’ minds. Consider adopting the following approaches and baking them into your distracted driving policy:


  • Annual training sessions: Provide mandatory training that reviews the distracted driving policy, shares new statistics, and reinforces the use of hands-free technology.

  • Scenario-based training: Use real-world examples or simulations to demonstrate the dangers of distracted driving. Real world in-cab videos of distracted driving events can be particularly impactful.

  • Driver coaching: Incorporate telematics data to provide individualized feedback on driving behavior. If a driver’s telematics data shows frequent distractions, schedule one-on-one coaching sessions to address the issue.

  • Incentives for safe driving: Reward drivers who adhere to the policy with safety bonuses or recognition programs. Positive reinforcement can be a powerful motivator.


Implement Telematics and Monitoring Systems


Telematics systems provide valuable insights into driver behavior, allowing fleet managers to monitor in real-time. These systems can alert managers to risky driving patterns such as erratic lane changes, hard braking, or distractions like phone use.


Consider using telematics data to:


  • Track distracted driving incidents: Some advanced systems leverage AI to detect when drivers are using their phones or engaging in distracted behavior.

  • Provide coaching opportunities: Use telematics data to identify high-risk drivers and offer additional training or corrective action.

  • Improve overall fleet safety: By tracking and reducing distracted driving, telematics can help improve your fleet’s safety record and, in turn, improve safety metrics, reduce insurance premiums, and minimize exposure.


Conduct Regular Policy Audits and Updates


Distracted driving laws and technology are constantly evolving. To ensure your policy remains effective, conduct regular reviews and updates. At least once a year, we recommend auditing your policy to ensure:


  • Compliance with current FMCSA regulations: Laws may change, so your policy should reflect the latest requirements.

  • Adaptation to new technologies: As new hands-free devices and technology become available, your policy should encourage their use to minimize distractions.

  • Incorporation of feedback from drivers: Gather input from your drivers about what works and what doesn’t. If they feel the policy is unrealistic or difficult to follow, they may not adhere to it.


Top-down safety


The most effective distracted driving policies are those that foster a culture of safety within the organization. Fleet executives and managers should lead by example and demonstrate a commitment to reducing distractions on the road. Fleets should encourage drivers to report distractions or unsafe conditions without fear of retaliation. Anonymous reporting systems can help drivers feel more comfortable sharing concerns. Reinforcing your fleet's commitment to distraction-free driving should be a hallmark of your training, meetings, and internal communications.


Conclusion


Distracted driving is a significant threat to the safety of commercial drivers and the general public. By understanding the FMCSA regulations, implementing a comprehensive distracted driving policy, and fostering a culture of safety, carriers can reduce the risks associated with distracted driving. With the right tools, training, and technology, fleet managers can protect their drivers and ensure their companies stay compliant with applicable regulations, all while improving operational efficiency and maintaining a strong reputation in the industry.


About Trucksafe Consulting, LLC: Trucksafe Consulting is a full-service DOT regulatory compliance consulting and training service. We help carriers develop, implement, and improve their safety programs, through personalized services, industry-leading training, and a library of educational content. Trucksafe also hosts a livestream podcast on its various social media channels called Trucksafe LIVE! to discuss hot-button issues impacting highway transportation. Trucksafe is owned and operated by Brandon Wiseman and Jerad Childress, transportation attorneys who've assisted some of the nation’s leading fleets to develop and maintain cutting-edge safety programs. You can learn more about Trucksafe online at www.trucksafe.com and by following Trucksafe on LinkedIn, Facebook, Twitter, and YouTube. Or subscribe to Trucksafe's newsletter for the latest highway transportation news & analysis. Also, be sure to check out eRegs, the first app-based digital version of the federal safety regulations aimed at helping carriers and drivers better understand and comply with the regulations.