In Cab distractions

grgrcr88

No It's not green grocer!
Actually, in the Final Rule the wording about reaching for a handheld device was removed, as long as it id within reach while belted in the seat.


FMCSA Response.
FMCSA acknowledges commenters' concerns and revises the regulatory text to allow drivers to reach for the compliant mobile telephone (i.e., hands-free) provided the device is within the driver's reach while he or she is in the normal seated position, with the seat belt fastened. This concept is a familiar one and found elsewhere in the FMCSRs. See, for example, 49 CFR 393.51 (certain CMVs must have an air pressure gauge "visible to a person seated in the normal driving position."). In addition, the Agency modeled its language on existing National Highway Traffic Safety Administration (NHTSA) rules. The NHTSA rules regarding the location of controls (49 CFR 571.101, S5.1.1) require certain controls, such as the hazard warning signal, windshield wiper, or climate control system, to be located so that they are operable by the driver when, "[t]he driver is restrained by the seat belts installed in accordance with 49 CFR 571.208 (Standard No. 208; Occupant crash protection) and adjusted in accordance with the vehicle manufacturers' instructions" (49 CFR 571.101, S5.6.2). These changes are reflected in the amended definition of "use a hand-held mobile telephone" in § 390.5.
If a compliant mobile telephone is close to the driver and operable while the driver is restrained by properly installed and adjusted seat belts, then the driver would not be considered to be reaching. Reaching for any mobile telephone on the passenger seat, under the driver's seat, or into the sleeper berth are not acceptable actions. To avoid committing a violation of this rule, the driver could use either a hands-free earpiece or the speaker function of a mobile telephone that is located close to the driver. Therefore, in order to comply with this rule, a driver must have his or her compliant mobile telephone located where the driver is able to initiate, answer, or terminate a call by touching a single button, for example, on the compliant mobile telephone or on a headset, when the driver is in the seated driving position and properly restrained by a seat belt.
While several commenters compared the use of hand-held mobile telephones to other electronic devices, arguing either for more comprehensive restrictions or against the regulation of hand-held mobile telephones, the use of other electronic devices by CMV drivers is outside the scope of this rulemaking.


Brokers of Household Goods Transportation by Motor Vehicle - Federal Motor Carrier Safety Administration
 

over9five

Moderator
Staff member
Actually, in the Final Rule the wording about reaching for a handheld device was removed, as long as it is within reach while belted in the seat.

Sounds like a grievance to me. The OP was obviously checking the time to make sure he was in the pick-up compliance time window.
 
I'm siding with Dave. Eye's were off the road. I don't care for what function. When the O.P. rear ends someone do you think they'll give a damn what time it was?
 

over9five

Moderator
Staff member
I'm siding with Dave. Eye's were off the road. I don't care for what function. When the O.P. rear ends someone do you think they'll give a damn what time it was?

So then you would also make it illegal to look at your watch?
How 'bout the radio?
How 'bout the CB?
We should remove all these things from the vehicles?

Common sense should apply. Checking the time on your phone isn't "using the phone".
 

Bubblehead

My Senior Picture
So then you would also make it illegal to look at your watch?
How 'bout the radio?
How 'bout the CB?
We should remove all these things from the vehicles?

Common sense should apply. Checking the time on your phone isn't "using the phone".

There is nothing "common" in regards to sense at todays UPS.
The OP did nothing illegal, nor did he violate the negotiated cell phone policy contained in the National Master.
This is just another example of a worthless warning letter designed to intimidate.
It will never go any further.
 

Bubblehead

My Senior Picture
As bbsam said, the new law states that reaching for the phone is the same as talking or texting. Your eyes are taken from the road as you reach for the phone, check the time and then put the phone away. I agree that it is silly but it is the law and we need to abide by it.

As usual, Nancy doesn't know what he's talking about.
Either way it's not an issue with him.
Someone who has nobody that will take his call, or will call him.
 

browntruckmechanic

Well isn't that special ?????????
Why is it that everyone thinks UPS is the enemy here. UPS and the Union both are required to follow the law of the land. The Federal government does not care if you, me or anyone else is union. There was a case about 4 yrs ago now that the State of Flordia stated that all CDL drivers were mandated to take a yearly pee test. Several UPS drivers greived this policy of the state.. Didn't go very far. There CDL"s were supended by the state till compliance. Bottom line the Government will always win any grevince between the company and the union.
 
So then you would also make it illegal to look at your watch?
How 'bout the radio?
How 'bout the CB?
We should remove all these things from the vehicles?

Common sense should apply. Checking the time on your phone isn't "using the phone".

Glancing at your watch on your wrist is one thing. Looking at a phone or other device that does a myriad of things is another. I will admit guilt myself in that I have looked at my iPod on the way to work and caught myself moving in the lane. Not casting stones. I know that a certain level of concentration is pulled away.

Radio, CB? Yea Ovah, sometimes I would. You have shifted in the yard as I do and I can tell you personally that I have had driver make stupid mistakes or have bad habits that are grounded in their attention to something other than the steering wheel. Not some dumbasz civilian on the street, OUR drivers. What might be a slightest of a glance from you or I with the least effect on our ability might be a full on distraction for someone else. Not all UPS drivers are created equal and you know it. You mentioned some not having the courtesy to kill their lights when you're backing. Toss in that knucklehead playing with his (enter the device here) and tell me it wouldn't bother you.

Remove them? No. But I'll tell you if some of us don't reign in our distractions the they WILL take away the privilege. Contract or not one good crash on a national level and it will be a policy change the next week. Guaranteed.


Sorry if I'm a little pissy on this but with the size of our yard I've had enough close calls with buttheads that I'm a bit touchy. Driving is the first priority. Save the time checking or whatever for when you come to a stop.
 

Bubblehead

My Senior Picture
Why is it that everyone thinks UPS is the enemy here. UPS and the Union both are required to follow the law of the land. The Federal government does not care if you, me or anyone else is union. There was a case about 4 yrs ago now that the State of Flordia stated that all CDL drivers were mandated to take a yearly pee test. Several UPS drivers greived this policy of the state.. Didn't go very far. There CDL"s were supended by the state till compliance. Bottom line the Government will always win any grevince between the company and the union.

UPS is the enemy in this case; because they erroneously enforced an incorrect interpretation of the new law, as well as the language in the National Master.
It wasn't an accident, rather a calculated bluff that will undoubtably be a huge success among the sheep in this particular building.
 
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