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NTSB recommends ban on driver cellphone use

Tuesday, December 13, 2011
(Updated 1:21 pm)

WASHINGTON (AP) — States should ban all driver use of cellphones and other portable electronic devices except in emergencies, the National Transportation Board said Tuesday.

The recommendation, unanimously agreed to by the five-member board, applies to both hands-free and hand-held phones and significantly exceeds any existing state laws restricting texting and cellphone use behind the wheel.

The board made the recommendation in connection with a deadly highway pileup in Missouri last year. The board said the initial collision in the accident near Gray Summit, Mo., was caused by the inattention of a 19 year-old-pickup driver who sent or received 11 texts in the 11 minutes immediately before the crash.

The pickup, traveling at 55 mph, collided into the back of a tractor truck that had slowed for highway construction. The pickup was rear-ended by a school bus that overrode the smaller vehicle. A second school bus rammed into the back of the first bus.

The pickup driver and a 15-year-old student on one of the school buses were killed. Thirty-eight other people were injured in the Aug. 5, 2010, accident near Gray Summit, Mo.

About 50 students, mostly members of a high school band from St. James, Mo., were on the buses heading to the Six Flags St. Louis amusement park.

The accident is a "big red flag for all drivers," NTSB chairman Deborah Hersman said at a meeting to determine the cause of the accident and make safety recommendations.

It's not possible to know from cellphone records if the driver was typing, reaching for the phone or reading a text at the time of the crash, but it's clear he was manually, cognitively and visually distracted, she said.

"Driving was not his only priority," Hersman said. "No call, no text, no update is worth a human life."

The board is expected to recommend new restrictions on driver use of electronic devices behind the wheel. Although the NTSB doesn't have the power to impose restrictions, its recommendations carry significant weight with federal regulators and congressional and state lawmakers.

Missouri had a law banning drivers younger than 21 from texting while driving at the time of the crash but wasn't aggressively enforcing the ban, board member Robert Sumwalt said.

"Without the enforcement, the laws don't mean a whole lot," he said.

Investigators are seeing texting, cellphone calls and other distracting behavior by operators in accidents across all modes of transportation with increasing frequency. It has become routine for investigators to immediately request the preservation of cellphone and texting records when they launch an investigation.

In the past few years, the board has investigated a commuter rail accident that killed 25 people in California in which the train engineer was texting; a fatal marine accident in Philadelphia in which a tugboat pilot was talking on his cellphone and using a laptop; and a Northwest Airlines flight that flew more than 100 miles past its destination because both pilots were working on their laptops.

The board has previously recommended bans on texting and cellphone use by commercial truck and bus drivers and beginning drivers, but it has stopped short of calling for a ban on the use of the devices by adults behind the wheel of passenger cars.

The problem of texting while driving is getting worse despite a rush by states to ban the practice, Transportation Secretary Ray LaHood said last week. In November, Pennsylvania became the 35th state to forbid texting while driving.

About two out of 10 American drivers overall — and half of drivers between 21 and 24 — say they've thumbed messages or emailed from the driver's seat, according to a survey of more than 6,000 drivers by the National Highway Traffic Safety Administration.

And what's more, many drivers don't think it's dangerous when they do it — only when others do, the survey found.

At any given moment last year on America's streets and highways, nearly 1 in every 100 car drivers was texting, emailing, surfing the Web or otherwise using a handheld electronic device, the safety administration said. And those activities spiked 50 percent over the previous year.

The agency takes an annual snapshot of drivers' behavior behind the wheel by staking out intersections to count people using cellphones and other devices, as well as other taking part in other distracting behaviors.

Driver distraction wasn't the only significant safety problem uncovered by NTSB's investigation of the Missouri accident. Investigators said they believe the pickup driver was suffering from fatigue that may have eroded his judgment at the time of the accident. He had an average of about 5.5 hours of sleep a night in the days leading up to the accident and had fewer than five hours of sleep the night before the accident, they said.

The pickup driver had no history of accidents or traffic violations, investigators said.

Investigators also found significant problems with the brakes of both school buses involved in the accident. A third school bus, sent to a hospital after the accident to pick up students, crashed in the hospital parking lot when its brakes failed.

However, the brake problems didn't cause or contribute to the severity of the accident, investigators said.

Another issue involved the difficulty passengers had exiting the first school bus after the accident. The front and rear bus doors were unusable after the accident — the front door because the front bus was on top of the tractor truck cab and too high off the ground, and the rear door because the front of the second bus had intruded five feet into the rear of the first bus.

Passengers had to exit through an emergency window, but the raised latch on the window kept catching on clothing as students tried to escape, investigators said. Exiting was further slowed because the window design required one person to hold the window up for a second person to crawl through, they said.

It was critical for passengers to exit as quickly as possible because a large amount of fuel puddled underneath the bus was a serious fire hazard, investigators said.

"It could have been a much worse situation if there was a fire," said Donald Karol, the NTSB's highway safety director.

Accompanying Photos

File photo (Associated Press)

Photo Caption: In this Aug. 5, 2010 file photo, a rescue worker is seen at the scene of an accident involving two school buses, a tractor-trailer and another passenger vehicle, near Gray Summit, Mo. Federal safety investigators say a 19-year-old driver was texting at th...

Comments

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rooster8786

December 13, 2011 - 1:07 pm EST

It's REAL simple, and fairly inexpensive: cellular blocking devices in ALL vehicles, just like seat belts and airbags.

RandolphBloke

December 13, 2011 - 1:56 pm EST

I'd like to see this (it can be disabled when the car is stopped) and in movie theaters.

The devices to do this are already produced, some countries already do this in certain places.

johnodrake

December 13, 2011 - 2:33 pm EST

Real simple - easily disabled. Also prevents passengers from using a mobile phone. What about 3G/4G?

Panacea

December 13, 2011 - 4:13 pm EST

Problem is, there's another federal law that makes it illegal to do this.

That's why they're having such a problem with illegal cell phones in prisons. The prisons aren't allowed to block the cellular signals.

It's a legit concern; the feds don't want to risk that vital communications signals are impaired in an effort to control social problems.

jeaniegnc

December 13, 2011 - 1:43 pm EST

As you can see from the lack of comments, not many people seem concerned about the dangers of texting or talking on cell phone while driving. I believe it will be up to a government agency or the automobile industry to make it more difficult or impossible to make cell phone calls or to text while driving. I have witnessed no one who is texting or making cell phone calls that is not distractly and most are severely distracted from the main task of driving.

speakup2

December 13, 2011 - 2:18 pm EST

It should be outlawed and when it is the insurance will not cover the person who is breaking the laws. First time Huge Fine, second time jail.

johnodrake

December 13, 2011 - 2:29 pm EST

Next up: Eating, using the radio, then talking to a passenger.

Panacea

December 13, 2011 - 4:15 pm EST

All forms of distractions are well documented to cause traffic collisions. However, the problems with cell phones have been far more ubiquitous.

Ever near miss I've had recently has involved some one else talking on a cell phone or texting while driving.

mamaboilermaker

December 13, 2011 - 9:47 pm EST

I was almost hit today--chick over the center line looking down at her phone on Lindley Rd. Often I think I'm the only driver on the road not looking down at my lap instead of at the road ahead. When one of those idiots actually hits me, I will take their phone and shove it..........assuming I survive the impact.

RandolphBloke

December 13, 2011 - 4:36 pm EST

Panacea has stated the issue well.

Another HUGE problem we have in the US the issue of driver education. We have some of the very worst driver education programs in the entire world. You see more and more about this from professionals such as those who write for automobile magazines, insurance companies, race drivers and more. We really need to step up education and enforcement.

Perhaps if we'd do that, asking people, or requiring them, not to use cellphones while driving for whatever reason would be more respected and the need for laws would be negated.

I imagine had it been a child of yours or someone in your family killed because of this you wouldn't be as nonchalant about it.

bottechia

December 13, 2011 - 3:28 pm EST

Just today I noticed a car in the other lane coming toward me swerved off the road and then back on;
as he passed I noticed he had a smart phone in his hand.
With so many people getting these phones I think the temptation to use them while driving is inevitable.

nippded twistle

December 13, 2011 - 3:30 pm EST

This is about 15 years late.

beedev

December 13, 2011 - 3:43 pm EST

OK here's the rub.....the lawmakers who have the ability to make this happen really like using their cell phones while driving so don't expect action anytime soon. Of course they might pass something if it exempted them from the rule.

citywatcher

December 13, 2011 - 6:11 pm EST

I have no issue with banning hand held cell phones, but its going a bit far to ban hands free phones. If that's the case there might as well be a ban for talking to a passenger in the car.

Theo

December 13, 2011 - 7:36 pm EST

It's already way too easy to get a license in North Carolina and based on this State's entitlement ideology, we have too many unqualified drivers on the road. Then you add all the distractions...We'll you have a train wreck or in this case... a car wreck. Banning Cell phones is just a band aid for a much bigger problem. Let's face it....How many parents or grand parents do we know are driving and have no business driving? How many teens do you think have the experience to deal with life or death driving situations? It's time to make driving a privilege and not an entitlement! Let's give young and older drivers limited driving privileges. Test drivers every 5 years....charge $100 for each test. Create revenue for the State and make driving a privilege while making it safer for everyone! Yup....this will limit some people but if you can't afford $100 then you can't afford a drivable vehicle!...take the bus!

johnodrake

December 13, 2011 - 8:45 pm EST

I don't suppose you are in either of the categories you want tested. What is your definition of a "younger" or "older" driver?

mamaboilermaker

December 13, 2011 - 9:34 pm EST

Perhaps a more effective measure would be to revoke the license of anyone causing an accident if the person was on the phone/computer while driving. This would insure that idiots like the "11 messages in 11 minutes" dunce would be unable to drive legally for a while. At the same time, give jail time for driving on a revoked license--this would take some habitual drunks and uninsured illegals off the streets as well.

We don't need more laws; we need real penalties for those who violate the laws we already have.

johnodrake

December 13, 2011 - 10:24 pm EST

Wow! A sane comment. Enforce existing law! There are already lots of distracted driving laws on the books.

The National Motorist Association has this to say:
"Cell Phone Bans Are Poor Public Policy

Laws that ban specific actions such as talking on a cell phone or texting are unnecessary and counterproductive because they're already covered by existing distracted driving laws. Preemptive laws that make otherwise innocent harmless acts illegal are pervasive in the United States. Most of these pre-emptive laws are put in place for one of two reasons:
1.The belief that by making the innocent and harmless act illegal it will eliminate the possibility that this act will lead to another, actually harmful act.
For example, the carrying of a concealed firearm in itself actually harms no one. However, most states and local jurisdictions prohibit the carrying of concealed firearms under the theory that preventing the possession eliminates the possibility that the firearm would be used to cause harm.
2.Ease of enforcement.
A blanket prohibition of cell phone use by vehicle drivers is far easier to enforce than are inattentive driving laws. This eliminates the need for exercising thoughtful discretion and reasoned judgment. The issue appears black and white. That the cell phone user was causing no harm and endangering no one does not have to enter the decision making process.

The NMA opposes this type of politically expedient enforcement practice. Innocent, harmless behavior, in and of itself, should not be illegal."

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