1. ®
Why driving while using hands-free
cell phones is risky behavior
National Safety Council
White Paper
2. nsc.org
"Truckdriver" by Veronica538 - Own work. Licensed under CC BY-SA 3.0 via Commons - https://commons.wikimedia.org/wiki/File:Truckdriver.jpg#/media/File:Truckdriver.jpg
I need to
go to
the
bathroom
I hope my
wife is
feeling
better
Where am I
going to park
for the night?
I need
a
hot
meal
That’s a new
vibration in the
front end
I hope I
can get
back home
before
Susie’s
game
I need to fix
the
backyard
fence
I need to use
the rest room
I need to get my
med cert
renewed before
the end of the
month
What is this car
doing in front of
me?
3. nsc.org
Driving Culture Change
• Webster’s Dictionary named “distracted driving”
its 2009 Word of the Year
• In 2009:
– More than 200 state bills introduced
– U.S. DOT Distracted Driving Summit held
– President Obama signed Executive Order
– NSC membership survey
– Favorable public opinion polls
5. nsc.org
Distracted Driving
• Driver distractions are the leading factor
in fatal and serious injury crashes
• In 2013 - 3,154 people were killed in
distraction-affected crashes and 424,000
people were injured (source NHTSA)
• Cell phone users 3x as likely to crash
6. nsc.org
Millions of People are
Distracted While
Driving
At any given daylight moment across
America, approximately 660,000
drivers are using cell phones or
manipulating electronic devices while
driving, a number that has held steady
since 2010. (NOPUS)
(http://www.nrd.nhtsa.dot.gov/Pubs/811719.pdf)
7. nsc.org
No Texting Rule – Texting
includes but is not limited to:
• short message services
• e-mailing
• instant messaging
• a command or request to access a Web page
• pressing more than a single button to initiate or
terminate a call using a mobile telephone
• or engaging in any other form of electronic text retrieval
or entry, for present or future communication. (source:
FMCSA)
FMCSA – Texting Definition
8. nsc.org
Fines and Penalties – Disqualification
and/or up to $2,750 for drivers and up to
$11,000 for employers (source: FMCSA)
CSA Points – 10 points to driver (this is the
highest point severity weighting - equivalent to
reckless driving)
Texting Fines & Penalties
9. nsc.org
Mobile Phone Restrictions
• Definition of using a mobile telephone. (source: FMCSA)
– Using at least one hand to hold a mobile phone to
make a call;
– Dialing a mobile phone by pressing more than a
single button; or
– Reaching for a mobile phone in a manner that
requires a driver to maneuver so that he or she is no
longer in a seated driving position, restrained by a
seatbelt.
FMCSA – Mobile Phone Definition
10. nsc.org
• Fines and Penalties – Disqualification
and/or up to $2,750 for drivers and up to
$11,000 for employers (source: FMCSA)
• CSA Points – 10 points to driver (this is
the highest point severity weighting -
equivalent to reckless driving)
Mobile Phone Fines & Penalties
11. nsc.org
The Old Gold Rush
The New Gold Rush
https://en.wikipedia.org/wiki/Portal:Mining/
Selected_articles
https://en.wikipedia.org/wiki/California_Gold_Rush
13. nsc.org
Distracted Driving
LitigationCompany Settlement Source
Chatman-Wilson v. Coca
Cola
$21 Million http://www.riskmanagementmonitor.com/coc
a-cola-hit-with-a-21-million-distracted-driving-
judgement/
Bustos v. Leiva & Dyke $20.9 Million http://www.kyrusmobile.com/why-
businesses-should-care/
Tiburzi v. Holmes
Transport, Inc.
$18 Million, $6 Million,
$700,000 to several
other Plaintiffs
http://www.insidecounsel.com/2014/07/09/e
mployer-liability-for-distracted-driving-a-
concer
Prince George County $4 Million http://www.slideshare.net/ZoomSafer/11-
major-lawsuits-involving-employee-
distracted-driving-13196338
Smith v. Beers Skanska,
Inc.
$4.75 Million http://www.alertdriving.com/home/content/yo
ur-company-liable-distracted-driving-accident
14. nsc.org
Coca-Cola Lawsuit – Employee was using a hands-free device for the
call, in compliance with company policy. The employee was on a mobile
phone call while driving a company vehicle and struck the plaintiff’s
vehicle and seriously injured her.
Dyke Industries – Employee driving a company owned truck struck
plaintiff’s vehicle and severely injured her. Cell phone records showed he
had been on a call immediately prior to calling 9-1-1 –i.e. prior to crash
outcome.
Holmes Transport – While driving a company truck, an employee
caused a multi-vehicle collision that injured 12 people and killed 3 in
2008. Employee admitted to failing to notice stopped traffic because
he was distracted by reaching for his cell phone. (Consider the
consequences of reaching for other electronic devices, picking up food or
drink items etc.)
15. nsc.org
Prince George County – An AT & T representative testified at
trial that the employee either received or sent a text message
immediately before the crash.
Beers Skanska – Employee was reaching for a mounted, hands-
free company – issued cell phone to check voicemail at time of
crash.
16. nsc.org
How Cell Phones Distract
• Visual – Eyes off road
• Mechanical – Hands off wheel
• Cognitive – Mind off driving
• Auditory – Not listening to truck and
surrounding sounds
17. nsc.org
Multitasking: A Brain Drain
• Brain juggles tasks, focus and attention
• Brain switches between primary and secondary tasks
• Inattention blindness
– When people do 2 cognitively complex tasks
(driving and using a cell phone), causing brain to
shift focus
• Bottleneck
– Different regions of brain must pull from a shared
and limited resource for unrelated tasks
18. nsc.org
Inattention Blindness
• A type of cognitive distraction
– “looking” but not “seeing”
• Hands-free drivers less likely to see:
– High and low relevant objects
– Visual cues
– Exits, red lights and stop signs
– Navigational signage
– Content of objects
• Slower reaction/response times
• Problems staying in lane
19. nsc.org
Inattention Blindness
Where drivers not using a
hands-free cell phone looked.
Where drivers using a
hands-free cell phone looked.
Source: Transport Canada
A narrowed scope
21. nsc.org
Driving alone Driving with sentence listening
L R
Functional magnetic resonance imaging images.
Source: Carnegie Mellon University
L R
22. nsc.org
Multitasking:
Impairs
Performance• Just listening to sentences on cell phones decreased
activity by 37% in the brain’s parietal lobe which
perceives movement, and it also decreases the activity
in the brain’s occipital lobe which processes visual
information.
• Listening and language comprehension drew cognitive
resources away from driving
• Delays a drivers reaction as much as having a blood
alcohol concentration of .08% (source:distraction.gov)
• The average text take your eyes off the road for at
least 5 seconds sometimes more, at 55 mph that is
enough to cover the length of a football field or more
not counting PRB (Perception, Reaction and Braking)
23. nsc.org
Multitasking:
Impairs Performance
• Driving involves a more complex set of tasks
than walking:
– Visual
– Manual
– Cognitive
– Auditory
• A driver’s job is to watch for hazards, but this
cannot be done when brain is overloaded
A lot of times, we are already distracted. There are so many things that the driver has to pay attention to.
“A century ago, Model T’s brought motoring to an emerging middle class.
A half century ago, teenagers cuddled in convertibles at drive-in movies.
A new generation of drivers see cars as an extension of their plugged-in lives, with iPods, DVD players and other gadgets.”
USA Today, 2-17-2009
Our society and laws are coming to terms with this change in our culture.
While engaged in another activity – eating, drinking, putting in address in gps, talking on phone etc.
Typically one that involves the use of a cell phone or electronic device but not exclusively
Eating; drop ketchup on your shirt, will you at least look at it
Drink; spill your drink will you try and control the spill
Smoking; if you knock the cherry off in your lap or sit will you just sit there
Not saying you will never eat, drink or smoke but know the true dangers of doing so.
Driving under the influence of alcohol and drugs used to be a leading factor in crashes. Distracted Driving is fast becoming a leading cause of crashes.
Doing ANY activity other than driving is distracted driving.
Think about how many other things our going on with other drivers that you are on the road with, especially 4 wheelers i.e. Driving impaired under the influence of alcohol or drugs, Not being medically fit to drive. We don’t have the same medical and background screening with the 4 wheelers. With all of this it means that we as professionals have to be even more vigilant.
Texting is not just texting by definition. It includes all of the above instant messaging, emailing etc.
CSA scoring – 10 points. What effect does accumulating CSA points have on your driving record and on the carrier’s.
From NY law - An operator of a commercial motor vehicle who holds a portable electronic device in a conspicuous manner while such vehicle is temporarily stationary because of traffic, a traffic control device, or other momentary delays is presumed to be using the device.
You have to worry about more than just the FMCSA regulations and CSA points – 10
What would happen if you were disqualified, how would you make a living……
Old Gold Rush – Miners would dig and dig until they found that one nugget. 21st Century Miners are no different.
There are many attorney’s firms solely devoted to suing big trucking firms. Look at the Keller & Keller website that emphasizes the unique opportunity a wreck with a semi is, touting how there are large insurance policies available.
It is often said that we have a “legal system but not a justice system”
Coca-Cola Lawsuit – Employee was using a hands-free device for the call, in compliance with company policy. The employee was on a mobile phone call while driving a company vehicle struck the plaintiff’s vehicle and seriously injured her.
Dyke Industries – Employee driving a company owned truck struck plaintiff’s vehicle and severely injured her. Cell phone records showed he had been on a call immediately prior to calling 9-1-1 –i.e. prior to crash Outcome.
Holmes Transport – While driving a company truck, an employee caused a multi-vehicle collision that injured 12 people and killed 3 in 2008. Employee admitted to failing to notice stopped traffic because he was distracted by reaching for his cell phone. (Reaching for other electronic devices, picking up food or drink items etc.)
Prince George County – An AT & T representative testified at trial that the employee either received or sent a text message immediately before the crash.
Beers Skanska – Employee was reaching for a mounted, hands-free company – issued cell phone to check voicemail at time of crash.
CHALLENGE: Drivers don’t understand or realize that talking on a cell phone distracts the brain and takes focus away from the primary task of driving.
It may be legal but it is NOT safe!
Multitasking for the brain is a myth
Human brains do not perform two tasks at same time
Brain handles tasks sequentially
Brain switches between one task and another
Functional magnetic resonance imaging or functional MRI (fMRI) is a functional neuroimaging procedure using MRI technology that measures brain activity by detecting changes associated with blood flow. This technique relies on the fact that cerebral blood flow and neuronal activation are coupled. Physicians perform fMRI to:
examine the anatomy of the brain.
determine precisely which part of the brain is handling critical functions such as thought, speech, movement and sensation, which is called brain mapping.
help assess the effects of stroke, trauma or degenerative disease (such as Alzheimer's) on brain function.
monitor the growth and function of brain tumors.
guide the planning of surgery, radiation therapy, or other surgical treatments for the brain.
Parietal lobe contains neurons that receive sensory information from skin and tongue, and processes sensory information from ears and eyes that are received in other lobes.
Occipital lobe processes visual input that is sent to the brain from the retinas. The fact that the visual system gets an entire lobe for processing emphasizes the importance of high visual acuity and processing among our senses.
Text is the example used here i.e. but what about your gps, what about looking at the buttons on the hands-free device, adjusting your radio, reading a map, what about picking up a drink or food, picking up something that has fallen in your floor board.
PRB – Perception, Reaction and Braking – at 65 mph – total stopping distance is approximately 600 ft.
Education – what we are doing here today for example, mass media campaigns.
Corporate cell phone bans – company policy.
Legislation – FMCSA, other municipality laws
Law enforcement – fines, tickets, disqualification
Technology – next slide
Technology to restrict cell phone use. (Cellcontrol & Kyrus) An insurance carrier may offer a reduced rate to the carrier if they have these units installed in their trucks. A carrier may decide to put it in a driver’s truck as a constructive correction effort.
The Kyrus Mobile solution is quickly & easily installed on each cell phone or mobile device to be protected, and then paired with a Bluetooth Safety Device (a small dongle the size of a deck of cards) that is plugged into the vehicle’s ODB-II port (cars and light trucks) or J1939 port (heavy trucks and buses). These ports have been government-mandated since 1996 and are available on all later-model vehicles. When the vehicle starts to move, the solution enables Safe Mode and prevents the driver from using the cell phone (with the exception of calling 9-1-1) until the vehicle stops. Visit our How it Works page for deeper details.
Lytx & Janus Cam – Drive Cams to monitor and to change unsafe driving habits
In the meantime… do what you can do to be safer…
Most of these apps are free.
Some will read your texts to you when you are in drive mode and allow you to send a customized automatic text response.
There are also apps that will allow you to voice record your message and send it. We need to do our part to be as safe as possible, by establishing safe habits.
There are also companies producing technological solutions in the way of installing devices in your truck that eliminate the ability to use a cell phone for calls or texting while the vehicle is moving…yes I think that is exactly where we are headed.