Since the federal law prohibiting commercial vehicle drivers from using hand-held cell phones while driving took effect in January this year, many companies have started viewing distracted driving as a serious issue that needs to be addressed, according to USA Today. USA Today reported that concerns about liability issues due to the law and the impact of driver distraction-related accidents on their bottom line have led many companies to develop distracted-driving policies for their fleet drivers.
While distracted driving comes in many forms, talking or texting on cell phones is one of the most serious types of distraction, requiring visual, manual, and cognitive attention from the driver; attention that should be spent focusing on the road. Using a cell phone while driving – whether it’s hand-held or hands-free delays a driver’s reactions, as stated on the official US government website for distracted website.
The ban on cell phone use while driving has proven to be successful in reducing fatalities and injuries caused by cell phone distracted driving. The California Office of Traffic Safety announced that hand-held cell phone driver deaths have dropped by 47% since the state of California enacted a ban on hand-held cell phone use while driving in July, 2008.
For smaller companies with few fleet drivers, the driver’s safety becomes extremely important not only in and of itself but also because a crash by the fleet driver can have a devastating impact on the company’s bottom line, explained in USA Today. This is because for small companies with only two drivers, the company could be losing half of its delivery people if one of them got into an accident. In addition, fleet drivers who violate the federal law may lose their commercial operator’s license after multiple violations.
As stated in a white paper by the National Security Council (NSC), an employer may be held legally accountable for their drivers’ negligent actions if the drivers were acting within the scope of their employment at the time of a crash. Furthermore, companies that allow or require their drivers to use hand-held cell phones while driving face a maximum penalty of $11,000. Companies that have a vague and ambiguous cell phone policy for its delivery drivers may also face liability issues if their drivers are involved in a cell phone distraction injury case (see cell phone distraction injury case). These liability factors and their impact on the bottom line have resulted in companies recognizing the importance of having a cohesive and comprehensive policy around the use of cell phones while driving, reported USA Today.
While having a policy will definitely reduce the risk of distracted driving related vehicle accidents, it is not enough to have a policy. It is also important to change the culture within the company so that the responsibility of adhering to the federal law does not fall solely on the fleet drivers. Rather, fleet managers and supervisors should not expect their drivers to answer or return their calls while on the job, and should refrain from calling their drivers who are on the road.
Changing corporate culture may be hard to do, as noted by the NSC. This is because the cell phone has been seen as a productivity tool and many fleet managers are concerned that prohibiting their drivers’ use of cell phone while driving would affect their efficiency. However, some companies with distracted driving policies in place have reported that the policies did not adversely impact their productivity (see NSC white paper).
So what makes a good distracted driving policy? The NSC recommends employers to implement a total ban policy that includes hand-held and hands-free devices, along with prohibiting all employees from using cell phones while driving. This policy, the NSC added, should be reinforced throughout the year with education.
Understanding the importance of having a distracted driving policy, we put together a list of sample policies and external resources that can help you refine your existing distracted-driving policy or aid in the development of a new one.
Sample policies
FleetAnswers Sample Policy
Sample policy 1
Sample policy 2
Sample policy 3
External Resources
Cell Phone Policy Kit
Company mobile phones and driving policy
FMCSA cell phone use regulations: Guide to compliance for truck and bus fleets
Defeating Distracted Driving Brochure
