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Safety Recommendation Details

Safety Recommendation H-14-013
Details
Synopsis: On Thursday, May 23, 2013, about 7:05 p.m. Pacific daylight time, a 2010 Kenworth truck-tractor in combination with a 1997 Aspen flatbed semitrailer hauling an oversize load was traveling south on Interstate 5 (I-5) near Mount Vernon, Washington. The oversize combination vehicle had a permit for the route of travel and was being led by a pilot/escort vehicle, a 1997 Dodge Ram pickup truck. As the oversize combination vehicle traveled across the I-5 bridge above the Skagit River, its oversize load struck the bridge, damaging the structure. As a result of contact damage to the bridge’s truss structure, span 8 of the 12-span bridge collapsed into the Skagit River. Two passenger vehicles, a southbound 2010 Dodge Ram pickup truck towing a Jayco travel-trailer and a northbound 2013 Subaru XV Crosstrek, fell into the river. Eight vehicle occupants were involved in the collapse; three received minor injuries and five were uninjured. Safety issues identified during the investigation included the following: permitting and route surveying for oversize loads; pilot/escort vehicle operations, guidelines, and driver training; commercial driver operations for transporting oversize loads; state practices for high load bridge strikes; and requirements for low-clearance signage.
Recommendation: TO THE FIFTY STATES, THE DISTRICT OF COLUMBIA, AND THE COMMONWEALTH OF PUERTO RICO: Ban the nonemergency use by pilot/escort vehicle drivers of portable electronic devices (other than those designed to support the pilot/escort vehicle driving task), except to communicate hazard-related information to the escorted vehicle.
Original recommendation transmittal letter: PDF
Overall Status: Open - Await Response
Mode: Highway
Location: Mount Vernon, WA, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: HWY13MH012
Accident Reports: Collapse of the Interstate 5 Skagit River Bridge Following a Strike by an Oversize Combination Vehicle
Report #: HAR-14-01
Accident Date: 5/23/2013
Issue Date: 8/4/2014
Date Closed:
Addressee(s) and Addressee Status: Commonwealth of Kentucky (Open - Acceptable Response)
Commonwealth of Massachusetts (Open - Await Response)
Commonwealth of Pennsylvania (Open - Acceptable Response)
Commonwealth of Puerto Rico (Open - Await Response)
Commonwealth of Virginia (Open - Await Response)
District of Columbia (Open Acceptable Alternate Response)
State of Alabama (Open - Await Response)
State of Alaska (Open - Await Response)
State of Arizona (Open - Await Response)
State of Arkansas (Open - Await Response)
State of California (Open - Await Response)
State of Colorado (Open - Await Response)
State of Connecticut (Open - Await Response)
State of Delaware (Open - Await Response)
State of Florida (Open Acceptable Alternate Response)
State of Georgia (Open - Await Response)
State of Hawaii (Open Acceptable Alternate Response)
State of Idaho (Open - Await Response)
State of Illinois (Open Acceptable Alternate Response)
State of Indiana (Open - Await Response)
State of Iowa (Open - Await Response)
State of Kansas (Open - Await Response)
State of Louisiana (Open - Await Response)
State of Maine (Open - Await Response)
State of Maryland (Open - Await Response)
State of Michigan (Open - Acceptable Response)
State of Minnesota (Open - Await Response)
State of Mississippi (Open - Await Response)
State of Missouri (Open - Await Response)
State of Montana (Open - Await Response)
State of Nebraska (Open - Await Response)
State of Nevada (Open Acceptable Alternate Response)
State of New Hampshire (Open - Await Response)
State of New Jersey (Open - Await Response)
State of New Mexico (Open - Await Response)
State of New York (Open - Await Response)
State of North Carolina (Open - Await Response)
State of North Dakota (Open - Await Response)
State of Ohio (Open - Await Response)
State of Oklahoma (Open - Await Response)
State of Oregon (Open - Await Response)
State of Rhode Island (Open - Acceptable Response)
State of South Carolina (Open - Await Response)
State of South Dakota (Open - Await Response)
State of Tennessee (Open - Await Response)
State of Texas (Open - Await Response)
State of Utah (Open - Await Response)
State of Vermont (Open - Await Response)
State of Washington (Open - Await Response)
State of West Virginia (Open - Await Response)
State of Wisconsin (Closed - Acceptable Action)
State of Wyoming (Open - Await Response)
Keyword(s):

Safety Recommendation History
From: NTSB
To: District of Columbia
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: District of Columbia
Date: 12/9/2014
Response: We note that the District has previously attempted to address distracted driving through legislation prohibiting inattentive driving by all drivers, including the hand-held use of PEDs. Although your law was not adopted to address Safety Recommendation H-14-13, we recognize that it applies to pilot/escort vehicle drivers and constitutes an acceptable alternate means of addressing part of this recommendation. As our intent in issuing this recommendation was the establishment of an enforceable PED ban against all nonemergency and nonessential PED use, including hands-free use, by pilot/escort drivers, we encourage the District to consider further legislation, regulation, and/or revisions to your oversize load permitting process as a method of satisfying the recommendation. Pending the completion of these actions, Safety Recommendation H-14-13 is classified OPEN—ACCEPTABLE ALTERNATE RESPONSE.

From: District of Columbia
To: NTSB
Date: 10/9/2014
Response: -From Vincent C. Gray, Mayor: This letter serves as the District of Columbia’s response to the National Transportation Safety Board's (NTSB's) recommendation to ban the use of portable electronic devices for pilot/escort vehicles (other than those designed to support the pilot/escort vehicles driving task). Currently, the District of Columbia has no requirement for carriers transporting an oversize load to use a pilot/escort car. The District of Columbia Metropolitan Police Department handles all escort activities related to oversize loads. However, drivers operating a vehicle in the District are required to comply with the District of Columbia's Distracted Driving Safety Act of2004 (Act). The Act prohibits "distracted driving", which is defined as "inattentive driving While operating a motor vehicle that results in the unsafe operation of the vehicle where such inattention is caused by reading, writing, performing personal grooming, interacting with pets or unsecured cargo, using personal communications technologies, or engaging in any other activity which causes distractions." Section 4 of the Act also tightly restricts the use of mobile telephones and other electronic devices while driving in the District of Columbia by prohibiting their use while operating a moving motor vehicle in the District of Columbia unless the telephone or device is equipped with a hands-free accessory, or if the telephone is being used for emergency purposes or to initiate or terminate a call or to turn the phone on or off, or if the telephone is being used by a law enforcement or emergency personnel or by a driver of an authorized emergency vehicle, acting within the scope of official duties.

From: NTSB
To: Commonwealth of Puerto Rico
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Alabama
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Alaska
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Arizona
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Arkansas
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of California
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Colorado
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Connecticut
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Delaware
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Florida
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Florida
Date: 11/20/2014
Response: We note that Florida has previously attempted to address distracted driving through legislation prohibiting the use of PEDs for texting by all drivers and the use of PEDs for any reason by commercial drivers. Although your texting ban was not adopted specifically to address Safety Recommendation H-14-13, we recognize that it applies to pilot/escort vehicle drivers and partially addresses this recommendation. However, our intent in issuing this recommendation was the establishment of an enforceable PED ban, including both hand-held and hands-free use for any purpose other than those described in the recommendation, for pilot/escort drivers. Accordingly, we encourage Florida to consider additional legislation and/or regulation as a method of implementing the recommended action. Alternatively, if you can explain to us how current law, policy, and/or regulation fully satisfy the recommendation, we will consider this information in classifying it. In the meantime, pending the adoption of the recommended legislation or our receipt of the requested information, Safety Recommendation H 14-13 is classified OPEN—ACCEPTABLE ALTERNATE RESPONSE.

From: State of Florida
To: NTSB
Date: 9/17/2014
Response: -From Terry L. Rhodes, Executive Director: Thank you for your August 4, 2014, letter regarding the National Transportation Safety Board's recommendation to ban the non-emergency use of portable electronic devices by pilot/escort vehicle drivers. We understand that the recommendation is intended to prevent traffic crashes such as the one that occurred in the state of Washington. While Florida law does not specifically prohibit the use of portable electronic devices by pilot/escort vehicle drivers, Florida law does prohibit the use of electronic devices for textings, as well as the use of portable electronic devices for any reason, by operators of commercial vehicles. Any further prohibitions regarding the use of portable electronic devices would need to be codified in law by the Florida Legislature. The state of Florida is committed to improving highway safety and reducing traffic crashes, injuries, and fatalities. In addition to enforcement, the state engages in education and outreach campaigns to increase awareness of safe driving behaviors and will continue to do so.

From: NTSB
To: State of Georgia
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Hawaii
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Hawaii
Date: 11/12/2014
Response: We note that Hawaii has previously attempted to address distracted driving through legislation prohibiting the hand-held use of PEDs by all drivers. Although your law was not adopted to address Safety Recommendation H-14-13, we recognize that it applies to pilot/escort vehicle drivers and constitutes an acceptable alternate means of addressing part of this recommendation. As our intent in issuing this recommendation was the establishment of an enforceable PED ban, including hands-free use, for pilot/escort drivers, we encourage Hawaii to consider further legislation and/or regulation as a method of implementing the recommended action. Pending the completion of these actions, Safety Recommendation H-14-13 is classified OPEN—ACCEPTABLE ALTERNATE RESPONSE.

From: State of Hawaii
To: NTSB
Date: 10/1/2014
Response: -From Neil Abercrombie, Governor, Hawaii: Hawaii is committed to improving highway safety for its residents and visitors. We have reviewed the National Transportation Safety Board's (NTSB) Safety Recommendation H-14-13 'that recommends the prohibition of "the nonemergency use by pilot/escort vehicle drivers of portable electronic devices (other than those designed to support the pilot/escort vehicle driving task), except to communicate hazard-related information to the escorted vehicle." Section 291 C-137 (Mobile electronic devices) of the Hawaii Revised Statutes (HRS) prohibits the nonemergency use of mobile electronic devices by all drivers when operating a motor vehicle. Section 291C-137(a) HRS provides that "No person shall operate a motor vehicle while using a mobile electronic device." Mobile electronic devices are defined within the statute as "any handheld or other portable electronic equipment capable of providing wireless or data communication between two or more persons or of providing amusement, including but not limited to a cellular phone, text messaging device, paging device, personal digital assistant, laptop computer, video game, or digital photographic device, but does not include any audio equipment or any equipment installed in a motor vehicle for the purpose of providing navigation, emergency assistance to the operator of the motor vehicle, or video entertainment to the passengers in the rear seats of the motor vehicle." The above referenced statute provides three (3) exemptions. The exemption that addresses NTSB Safety Recommendation H-14-13, §291C-137(d)(2) HRS specifically provides that: "(d) The following persons shall be exempt from subsection (a): ... (2) Drivers using a two-way radio or a private Land Mobile Radio System, within the meaning of title 47 Code of Federal Regulations part 90, while in the performance and scope of their work-related duties and who are operating fleet vehicles or who possess a commercial vehicle license." Hawaii does currently have a statute that prohibits drivers operating motor vehicles from using any hand-held "mobile electronic devices" and provides an exemption for drivers to use a two-way radio or a private Land Mobile Radio System while performing their work-related duties and operating fleet vehicles. We believe this statute provides a means that will prevent accidents and save lives as intended through NTSB's Safety Recommendation H-14-13.

From: NTSB
To: State of Idaho
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Illinois
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Illinois
Date: 3/30/2015
Response: We note that Illinois has previously attempted to address distracted driving through legislation prohibiting drivers from using hand-held PEDs. Although your law was not adopted to address Safety Recommendation H-14-13, we recognize that it applies to pilot/escort vehicle drivers and constitutes an acceptable alternate means of addressing part of this recommendation. Our intent in issuing the recommendation was for you to establish an enforceable PED ban, including a ban on hands-free use, for pilot/escort drivers. Accordingly, we encourage you to consider further legislation and/or regulation as a method of implementing such a ban. Pending your taking such action, Safety Recommendation H-14-13 is classified OPEN—ACCEPTABLE ALTERNATE RESPONSE.

From: State of Illinois
To: NTSB
Date: 11/12/2014
Response: -From Erica J. Borggren, Acting Secretary: Thank you for your letter of October 22, 2014 to Governor Pat Quinn regarding the National Transportation Safety Board's concerns with an accident involving a straight truck that was struck by a freight train at a highway-railroad grade crossing in Maryland on May 28, 2013. Governor Quinn has asked that we respond. The Illinois Department of Transportation (IDOT) is committed to establishing safe practices for commercial motor vehicles. We will continue to enforce current laws, share your concerns with industry and monitor any additional issues that arise related to this matter. The recommendation, (R-14-50) is a federal issue and I DOT has no jurisdiction over railroad safety. That is the domain of the Federal Railroad Administration and the Illinois Commerce Commission. We have taken the liberty of forwarding your letter to Mr. Mike Stead, Rail Safety Administrator of the Illinois Commerce Commission, for his response. Illinois shares your concerns regarding the use of electronic communication devices while driving as stated in recommendation H-14-13. Section 12-610.2 of the Illinois Vehicle Code [6251LCS 5/12-610.2] (passed July 20, 2012), prohibits the use of electronic communication devices by all drivers in Illinois. At this time, I DOT does not have a distracted driving enforcement campaign. I DOT's Division of Transportation Safety submitted certifications and assurances with the FY 2014 and FY 2015 Highway Safety Plans for this funding. To date, Illinois was not awarded distracted driving funding because the National Highway Traffic Safety Administration determined that our distracted driving laws did not meet the criteria. However, our law enforcement grantees include the distracted driving law during all of the seat belt and impaired campaigns. Additionally, the distracted driving message is included at numerous statewide IDOT outreach events, as well as on electronic message boards throughout the interstates in Illinois.

From: NTSB
To: State of Illinois
Date: 10/30/2014
Response: The NTSB received Ms. Erica Borggren’s October 9, 2014, letter (attached) requesting further information about “portable electronic devices” and indicated you as a contact point. I tried calling, but you must have stepped out, so the operator gave me your e-mail. I thought I could send you a definition from a previous NTSB report that might provide the clarification you were looking for. In our report on an August 5, 2010, accident that occurred in Gray Summit, Missouri, we began using the term “portable electronic devices” to describe devices such as music players, gaming units, cell phones, and computer tablets, other than those designed to support the driving task, such as GPS units. This description would include any device that can be brought into a vehicle and cause distraction to the driver/operator through its use, including, but not limited to, dialing, answering, emailing, accessing the Internet, and viewing, reaching, locating, and operating the portable electronic device itself. As new products are constantly coming onto the market, we tried to find a term that covered the broad range of devices available at the time, as well as into the future. In the past, we had used a variety of terms to indicate these devices, including “cell phone” and “wireless device.” Our former Chairman, Deborah Hersman, wrote a concurring statement that can be found at the end of the Gray Summit report that describes how the problem of distraction is pervasive in all modes of transportation, regardless of what name you give to the device that is often the root cause of the distraction. The report is available on our website: http://www.ntsb.gov/doclib/reports/2011/HAR1103.pdf. I hope that this information helps to clarify our intent in using this term. If you have any further questions, please feel free to reach out to me by phone or e-mail. I would be happy to assist you further.

From: State of Illinois
To: NTSB
Date: 10/9/2014
Response: Thank you for your letter of August 4, 2014 to Governor Pat Quinn regarding the National Transportation Safety Board's (NTSB) concerns with communications between escort vehicles and oversize/overweight loads. Governor Quinn has asked that we respond. The Illinois Department of Transportation (I DOT) is committed to establishing safe practices for commercial vehicles. We will continue to promote current laws, share your concerns with industry, and monitor any additional issues that arise related to this matter. Illinois shares your concerns regarding the use of electronic communication devices while driving as stated in recommendation, H-14-13. However, a clearer definition of what NTSB intended by "portable electronic devices" would better enable I DOT to address this recommendation. If NTSB's intent is to ban all nonemergency electronic communication by the pilot/escort vehicle except for hazard related information to the escorted vehicle, then additional legislation is needed.

From: NTSB
To: State of Indiana
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Iowa
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Kansas
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: Commonwealth of Kentucky
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: Commonwealth of Kentucky
To: NTSB
Date: 3/18/2015
Response: -From Michael W. Hancock, P.E., Secretary: We are responding to your correspondence regarding H-14-13 - Ban the nonemergency use by pilot/escort vehicle drivers of portable electronic devices (PED), except to communicate hazard related information to the escorted vehicle. The Kentucky Transportation Cabinet (KYTC) has supported a restriction of the use of PEDs for several years, supported a handheld ban in construction and school zones in 2014 (HB 33 ), and supports a full ban of PEDs in 2015 (HB 66). Although these bills were not successful, we will remain diligent when it comes to improving all areas of safety including distracted driving. We will specifically consider the issue mentioned above and possible legislation. As always, we appreciate the guidance from the NTSB and assure that it will lead to lives saved.

From: NTSB
To: Commonwealth of Kentucky
Date: 10/30/2014
Response: We note that Kentucky has previously attempted to address distracted driving through legislation prohibiting texting by drivers while their vehicle is in motion. We further note that the Kentucky Transportation Cabinet plans to review its current regulation of pilot/escort drivers. As our intent in issuing this recommendation was the establishment of an enforceable PED ban, we encourage Kentucky to consider legislation and/or regulation as a method of implementing the recommended action. Pending the completion of these actions, Safety Recommendation H-14-13 is classified OPEN—ACCEPTABLE RESPONSE.

From: Commonwealth of Kentucky
To: NTSB
Date: 8/28/2014
Response: -From Michael W. Hancock, P.E., Secretary, Kentucky Transportation Cabinet: Your correspondence to Governor Beshcar was forwarded to the Kentucky Transportation Cabinet for response regarding the above subject. The State of Kentucky will review our current regulation of pilot/ escort drivers, and particularly the use of portable electronic devices while traveling. Currently, the State of Kentucky has attempted to address the issue of distracted driving by passing into law, which prohibits texting while the vehicle is in motion. The Commonwealth takes very seriously the safety of all citizens that travel the roadways in Kentucky. We are continually looking for ways to improve the safety of the roadway as well as making drivers aware of dangers they may encounter.

From: NTSB
To: State of Louisiana
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Maine
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Maryland
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: Commonwealth of Massachusetts
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Michigan
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Michigan
Date: 11/12/2014
Response: We note that the Michigan Department of Transportation reviewed this recommendation and plans to implement a restriction. As our intent in issuing this recommendation was the establishment of an enforceable PED ban, a restriction using existing authority would satisfy this recommendation if it includes an enforcement mechanism. Alternately, we encourage you to consider legislation and/or regulation as a method of implementing your restriction. Pending our review of the enforceable restriction you adopt, Safety Recommendation H-14-13 is classified OPEN—ACCEPTABLE RESPONSE.

From: State of Michigan
To: NTSB
Date: 8/25/2014
Response: -From Kirk T. Steudle, Director, Michigan Department of Transportation: Governor Snyder asked me to respond to your letter of August 4, 2014, concerning the National Transportation Safety Board's safety recommendation H-14-13 (ban the nonemergency use by pilot/escort vehicle drivers of portable electronic devices [other than those designed to support the pilot/escort vehicle driving task], except to communicate hazard-related information to the escorted vehicle). As indicated in the enclosed letters, implementation of this recommendation will not adversely impact and is with consistent with the safe and efficient operation of the Michigan Department of Transportation's Blue Water Bridge, International Bridge, and Mackinac Bridge. We will put this restriction in place.

From: NTSB
To: State of Minnesota
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Mississippi
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Missouri
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Montana
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Nebraska
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Nevada
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Nevada
Date: 3/17/2015
Response: We note that Nevada has previously attempted to address distracted driving through legislation prohibiting drivers from using hand-held PEDs. Although your law was not adopted to address Safety Recommendation H-14-13, we recognize that it applies to pilot/escort vehicle drivers and constitutes an acceptable alternate means of addressing part of this recommendation. Our intent in issuing this recommendation was for you to establish an enforceable PED ban, including a ban on hands-free use, for pilot/escort drivers. Accordingly, we encourage you to consider further legislation and/or regulation as a method of implementing such a ban. Pending your taking such action, Safety Recommendation H-14-13 is classified OPEN—ACCEPTABLE ALTERNATE RESPONSE.

From: State of Nevada
To: NTSB
Date: 11/3/2014
Response: -From Rudy Malfabon, P.E., Director, Nevada Department of Transportation: Thank you for your letter dated August 4, 2014, which included Safety Recommendation H-14-13. The Nevada Department of Transportation makes safety a top priority in all aspects of our work. I researched the current state of Nevada regulations prohibiting the use of hand held communication devices without the use of hands-free devices (Nevada Revised Statute 4848.165). The law does provide for some exceptions in the case of emergency. The use by pilot/escort vehicle drivers is not one of those exceptions, therefore, it is my understanding that the State of Nevada is in compliance with Safety Recommendation H-14-13. I have provided the language contained in NRS 468B.165 as an attachment to this letter for your reference.

From: NTSB
To: State of New Hampshire
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of New Jersey
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of New Mexico
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of New York
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of North Carolina
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of North Dakota
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Ohio
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Oklahoma
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Oregon
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: Commonwealth of Pennsylvania
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: Commonwealth of Pennsylvania
Date: 12/9/2014
Response: We are encouraged to learn that PennDOT plans to include the recommended PED ban in legislation it is currently drafting to address pilot car use for superloads. We are further encouraged by PennDOT’s plans to pursue future legislation to extend the recommended PED ban to all pilot/escort vehicle drivers. Pending the completion of these actions and our review of the resulting legislation, Safety Recommendation H-14-13 is classified OPEN—ACCEPTABLE RESPONSE.

From: Commonwealth of Pennsylvania
To: NTSB
Date: 10/9/2014
Response: -From Barry J. Schoch, P.E., Secretary of Transportation: This is in response to your letter dated August 4, 2014, regarding H-14-13. PennDOT supports a statutory and/or a Regulatory ban on nonemergency portable electronic device usage for pilot/escort vehicle drivers. Currently there is legislation being drafted regarding the use of pilot cars for superloads. The Department will incorporate any NTSB recommendations into Department Regulations and Policy to support the requirements of the proposed bill. In addition, the Department will pursue future legislative and/or Regulatory changes to support the proposed NTSB recommendations for all pilot/escort drivers.

From: NTSB
To: State of Rhode Island
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Rhode Island
Date: 12/9/2014
Response: We are encouraged to learn that RIDOT plans to propose legislation and regulatory changes to implement the recommended ban on nonemergency and nonessential PED use by all pilot/escort vehicle drivers. Pending the completion of these actions and our review of the resulting legislation and regulations, Safety Recommendation H-14-13 is classified OPEN—ACCEPTABLE RESPONSE.

From: State of Rhode Island
To: NTSB
Date: 10/31/2014
Response: -From Melissa A. Long, Esq., Administrator, Policy and Governmental Affairs, Rhode Island Department of Transportation: By letter dated August 4, 2014, your agency requested information detailing the actions the State of Rhode Island has taken, or intends to take, to implement Safety Recommendation H-13-14. The Rhode Island Department of Transportation (RIDOT) has thoroughly reviewed Safety Recommendation H-14-13, as well as the Rhode Island General Laws and the State of Rhode Island Manual for Overweight and Oversize Vehicle Permits, to determine whether the State of Rhode Island may implement H-14-13 under current law and/or regulations. At present, it appears there is no authority to impose or enforce a ban on nonemergency use of portable electronic devices by pilot/escort vehicle drivers traveling through Rhode Island. In light of the above, RIDOT intends to recommend legislative and regulatory changes consistent with Safety Recommendation H-14-13. If you have any questions or concerns about this matter, please do not hesitate to contact Melissa A. Long, Administrator for Policy and Government Affairs.

From: NTSB
To: State of South Carolina
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of South Dakota
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Tennessee
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Texas
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Utah
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Vermont
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: Commonwealth of Virginia
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Washington
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of West Virginia
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Wisconsin
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.

From: NTSB
To: State of Wisconsin
Date: 10/30/2014
Response: We are pleased that Wisconsin revised its pilot/escort vehicle permit process to adopt the recommended ban on PED use by pilot/escort vehicle drivers. We understand that a violation of the requirement nullifies the escort permit and is punishable by a fine. We commend Wisconsin for its prompt action to address Safety Recommendation H-14-13, which is classified CLOSED—ACCEPTABLE ACTION.

From: State of Wisconsin
To: NTSB
Date: 9/3/2014
Response: -From Captain Brian Ausloos, Division of State Patrol, Wisconsin Department of Transportation: The Wisconsin Department of Transportation has received the safety recommendation regarding the non-emergency use of portable electronic by pilot/escort vehicle drivers conducting escorts of overdimensional loads. We appreciate the National Transportation Safety Board bringing this to our attention and have discussed the appropriate way to adopt the suggested language. The Department of Motor Vehicles will add the following language to a permit issued to a motor carrier requiring a pilot vehicle escort: The nonemergency use by pilot/escort vehicle drivers of portable electronic devices (other than those designed to support the pilot/escort vehicle driving task), except to communicate hazard-related information to the escorted vehicle or escort vehicles is prohibited. This added language to the permit shall be implemented by October 1, 2014.

From: NTSB
To: State of Wyoming
Date: 2/3/2017
Response: The National Transportation Safety Board (NTSB) has reviewed the National Highway Traffic Safety Administration (NHTSA) Notice of Proposed Federal Guidelines, “Visual Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices” (Phase 2 guidelines), as published at 81 Federal Register 87656, December 5, 2016. The proposed guidelines provide for the use of portable electronic devices while driving by incorporating “pairing” with an existing in-vehicle interface that meets Phase 1 voluntary guidelines. If that is not feasible, NHTSA recommends that portable devices be designed to include a “driver mode” that meets glance time criteria and per se lockouts of distracting activities, as described in the Phase 1 guidelines. NTSB Investigations The April 2012 NTSB response to the Phase 1 guidelines included an overview of our work on distracted driving. Since that time, the NTSB completed the investigation of a bridge collapse near Mount Vernon, Washington, which found that the certified pilot/escort vehicle driver failed to perform required duties and to communicate potential hazards, due in part to distraction caused by cell phone use. Safety Recommendation H-14-13 requested that the states ban the nonemergency use of portable electronic devices use by pilot/escort vehicle drivers. In the investigation of another collision that occurred in May 2013, the NTSB found that a truck driver failed to ensure that railroad tracks were clear before traversing a highway railroad grade crossing in Rosedale, Maryland, due, in part, to distraction caused by a hands-free cell phone conversation. Safety Recommendation H-14-26 requested that the Federal Motor Carrier Safety Administration modify 49 Code of Federal Regulations 392.82 to prohibit any use of hands-free portable electronic devices by commercial drivers. These recommendations are consistent with our positions from earlier investigations (Safety Recommendations H-11-39 and H-11-47) requesting that the 50 states and the District of Columbia and industry (via CTIA The Wireless Association and the Consumer Electronics Association), respectively, prohibit the use of portable electronic devices while driving.