The Federal Motor Carrier Safety Administration has withdrawn a proposed rulemaking to rescind restrictions on the locations of television receivers in commercial motor vehicles.
A rule adopted in 1951 (49 CFR 393.88) requires motor carriers to place television viewers or screens in the rear of the back of a driver’s seat if they’re in the same compartment as the driver.
It also says viewers or screens must be in a location that is not visible to the driver while he or she is operating the vehicle, and operating controls must be located so that the driver can’t operate them without leaving his or her seat.
In 1998 the Federal Highway Administration, then charged with administering motor carrier safety rules, made a preliminary determination that the rule was redundant and obsolete. As the agency pointed out, the rule was originally adopted out of fear that people would be tempted to install television receivers so they could watch them while driving. However, FHWA said the concern "had not been borne out" and motor carriers clearly recognized the safety risks of allowing drivers to watch television while driving. Further, the rule is intended to address driver attentiveness, which is effectively covered by state laws and regulations.
The trucking industry, including carriers and truck manufacturers, generally supported removal of the restriction because it might discourage some technologies, but recommended new rules as needed to address safety issues. Safety groups argued that an explicit ban is still needed covering any device or system that could be a distraction to drivers.
FMCSA says it has decided the best strategy for the time being is to retain the current rule. The agency said it continues to consider the rule to be applicable only to television receivers, and should not be construed as being applicable to other devices or technology unless it’s capable of receiving a television broadcast signal. FMCSA also noted that another section of the rules, 393.3, provides adequate guidance concerning other technology since it prohibits equipment and accessories that decrease the safety of operation of the vehicle.
The notice appeared in the July 24 Federal Register which can be accessed at www.gpoaccess.gov.
A rule adopted in 1951 (49 CFR 393.88) requires motor carriers to place television viewers or screens in the rear of the back of a driver’s seat if they’re in the same compartment as the driver.
It also says viewers or screens must be in a location that is not visible to the driver while he or she is operating the vehicle, and operating controls must be located so that the driver can’t operate them without leaving his or her seat.
In 1998 the Federal Highway Administration, then charged with administering motor carrier safety rules, made a preliminary determination that the rule was redundant and obsolete. As the agency pointed out, the rule was originally adopted out of fear that people would be tempted to install television receivers so they could watch them while driving. However, FHWA said the concern "had not been borne out" and motor carriers clearly recognized the safety risks of allowing drivers to watch television while driving. Further, the rule is intended to address driver attentiveness, which is effectively covered by state laws and regulations.
The trucking industry, including carriers and truck manufacturers, generally supported removal of the restriction because it might discourage some technologies, but recommended new rules as needed to address safety issues. Safety groups argued that an explicit ban is still needed covering any device or system that could be a distraction to drivers.
FMCSA says it has decided the best strategy for the time being is to retain the current rule. The agency said it continues to consider the rule to be applicable only to television receivers, and should not be construed as being applicable to other devices or technology unless it’s capable of receiving a television broadcast signal. FMCSA also noted that another section of the rules, 393.3, provides adequate guidance concerning other technology since it prohibits equipment and accessories that decrease the safety of operation of the vehicle.
The notice appeared in the July 24 Federal Register which can be accessed at www.gpoaccess.gov.
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