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In Cab distractions
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<blockquote data-quote="grgrcr88" data-source="post: 935493" data-attributes="member: 16611"><p><strong>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.</strong></p><p><strong></strong></p><p><strong></strong></p><p><strong><u>FMCSA Response.</u></strong> 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.</p><p>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.</p><p>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.</p><p></p><p></p><p>Brokers of Household Goods Transportation by Motor Vehicle - Federal Motor Carrier Safety Administration</p></blockquote><p></p>
[QUOTE="grgrcr88, post: 935493, member: 16611"] [B]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. [U]FMCSA Response.[/U][/B] 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 [/QUOTE]
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