In a Notice of Proposed Rulemaking, (NPRM) PHMSA intends on amending 177.804 of 49 CFR to include a paragraph that would prohibit the use of cell phones by any driver transporting a load requiring placarding. The expanded rule will also cover materials listed as a select agent or toxin under 42 CFR part 73.
In the NPRM, distracted driving and associated studies also weigh the potential costs of lost carrier productivity while stopping to make calls, increased fuel usage during idling as well as entering and exiting roadways and increased crash risk from parking along roadways.
While 177.804(b) currently specifically prohibits texting, the section will be amended to state the prohibition of the use of any hand-held mobile telephone by a commercial driver transporting hazardous materials.
Comments to PHMSA identified by docket number PHMSA-2010-0227 must be received by June 28, 2011.