New Rule for Truck, Bus Drivers: No Texting

Washington (CNN) -- Drivers of commercial trucks and buses are prohibited from texting under federal guidelines that U.S. Transportation Secretary Ray LaHood announced Tuesday.

"We want the drivers of big rigs and buses and those who share the roads with them to be safe," LaHood said in a statement. "This is an important safety step, and we will be taking more to eliminate the threat of distracted driving."

The prohibition is effective immediately. Truck and bus drivers who text while driving commercial vehicles may be subject to civil or criminal penalties of up to $2,750, the Department of Transportation said in a news release.

One of the nation's largest groups representing professional truck drivers -- the Owner-Operator Independent Drivers Association -- expressed support for the goal but dismay at its implementation.

"We support where they are going, but not how they got there," said Todd Spencer, the group's executive vice president. "Making their action effective immediately bypasses normal regulatory rulemaking processes. Those processes allow actions to be vetted for unintended consequences as well as potential implementation and enforcement problems.

"We very much share in their goal, but their legal justification for taking immediate action raises many concerns."

Cracking down on distracted drivers has been a focus of LaHood's since he took office last year.

In September, he convened a two-day summit on the issue in Washington. The Transportation Department recently launched the Web site distraction.gov to raise awareness of the dangers of distracted driving.

And this month, LaHood and National Safety Council President Janet Froetscher announced the creation of the advocacy group FocusDriven, a nonprofit that supports the families of distracted driving victims, modeled after Mothers Against Drunk Driving.

According to the Federal Motor Carrier Safety Administration, drivers take their eyes off the road for an average of 4.6 seconds out of every six seconds while texting. This research shows drivers who text are more than 20 times more likely to get in an accident than nondistracted drivers.

Nineteen states, plus the District of Columbia and Guam, have passed laws banning texting while driving. Six states, plus the District of Columbia and the Virgin Islands, ban the use of handheld devices while driving.

President Obama also signed an executive order requiring federal employees not to text while driving government-owned vehicles or with government-owned equipment, and were ordered to comply with the move December 30.

Nearly 6,000 people died in 2008 in crashes involving a distracted or inattentive driver, and more than 500,000 were injured, according to the National Highway Traffic Safety Administration.

Eighty percent of crashes are related to driver inattention, according to a Virginia Tech study, and drivers who use handheld devices are four times as likely to get into crashes serious enough to injure themselves, the National Safety Council reports.

The focus on texting while driving comes after a few high-profile accidents.

Dog Bite Prevention

4.5 million Americans are bitten by dogs each year, and one in five dog bites results in injuries that require medical attention. There are ways to make dog bites less likely and to help prevent children from being bitten by dogs.

Who is most at risk?

Children: Among children, the rate of dog bite–related injuries is highest for those ages 5 to 9 years, and children are more likely than adults to receive medical attention for dog bites than adults. Recent research shows that the rate of dog–bite related injuries among children seems to be decreasing.

Adult Males: Among adults, males are more likely than females to be bitten.

People with dogs in their homes: Among children and adults, having a dog in the household is associated with a higher incidence of dog bites. As the number of dogs in the home increases, so does the incidence of dog bites. Adults with two or more dogs in the household are five times more likely to be bitten than those living without dogs at home.

How can dog bites be prevented?

Dog bites are a largely preventable public health problem, and adults and children can learn to reduce their chances of being bitten.

Before you bring a dog into your household:

Consult with a professional (e.g., veterinarian, animal behaviorist, or responsible breeder) to learn what breeds of dogs are the best fit for your household.Dogs with histories of aggression are not suitable for households with children.
Be sensitive to cues that a child is fearful or apprehensive about a dog. If a child seems frightened by dogs, wait before bringing a dog into your household.
Spend time with a dog before buying or adopting it. Use caution when bringing a dog into a household with an infant or toddler.
If you decide to bring a dog into your home:

Spay/neuter your dog (this often reduces aggressive tendencies).
Never leave infants or young children alone with a dog.
Don’t play aggressive games with your dog (e.g., wrestling).
Properly socialize and train any dog entering your household. Teach the dog submissive behaviors (e.g., rolling over to expose the abdomen and giving up food without growling).
Immediately seek professional advice (e.g., from veterinarians, animal behaviorists, or responsible breeders) if the dog develops aggressive or undesirable behaviors.

Holiday Driving Safety Quiz
Answers Below

We don't need to remind you that this weekend will be a heavy drinking one — if not for you, at least for many drivers on the road. But we would like to take this time to remind you — or perhaps even teach you — of some startling facts about drinking and driving. Did you know, for instance, that alcohol-related motor vehicle crashes injure someone every two minutes? Or that three of every 10 Americans will be involved in an alcohol-related crash at some time in their lives?

Here's a quiz to test your knowledge about other drinking-and-driving facts. You'll find the correct answers below this post (no peeking!).

1. True or False: To legally operate a motor vehicle in the United States, your blood alcohol concentration (BAC) must be lower than .08 percent.

2. On average, a driver makes over how many decisions per mile?

A. 50

B. 75

C. 150

D. 200

3. Nearly how many people are arrested each year in the U.S. for driving while intoxicated (DWI)?

A. 500,000

B. 750,000

C. 1,000,000

D. 1,500,000


4. An average 170-pound man typically must have more than how many drinks in one hour on an empty stomach to reach a .08 percent BAC level?

A. 1

B. 2

C. 3

D. 4

5. An average 137-pound woman reaches .08 percent BAC after about how many drinks in an hour on an empty stomach?

A. 1

B. 2

C. 3

D. 4

6. Alcohol-related motor vehicle crashes kill someone every ____ minutes.

A. 9

B. 21

C. 31

D. 45

7. Alcohol-related motor vehicle crashes injure someone every ____ minutes.

A. 2

B. 9

C. 18

D. 27

8. How many out of every 10 Americans will be involved in an alcohol-related crash at some time in their lives?

A. 1

B. 2

C. 3

D. 4

9. What percent of fatal crashes involved alcohol in 2005?

A. 15

B. 22

C. 39

D. 79

10. What percent of persons killed or injured in crashes from midnight to 3 a.m. were alcohol-related in 2005?

A. 46

B. 55

C. 68

D. 75

11. True of False: January and December were the months with the highest crash rates in 2005.

12. True or False: Christmas and New Year’s Day were the holiday periods with the highest numbers of persons killed in alcohol-related motor vehicle crashes in 2005.

13. True or False: Wearing your seatbelt can reduce your risk of dying in a traffic crash by about 50 percent.

1. True: Operating a motor vehicle at or above a BAC of .08 percent is a criminal offense in all 50 states, the District of Columbia, and Puerto Rico. .08 percent is the level at which the fatal crash risk significantly increases and the majority of drivers, even experienced drinkers, are seriously impaired with regard to critical driving tasks including: braking, steering, lane changing, judgment, and response time.

2. Answer: D

3. Answer: D

4. Answer: D

5. Answer: C

6. Answer: C

7. Answer: A
8. Answer: C
9. Answer: C

10. Answer: D
11. True: In 2005, December was the month with the highest crash rate (247), followed by January (238), November (228), February (222), and October (212)

12. False: In 2005, more people were killed in alcohol-related motor vehicle crashes during the Memorial Day, Fourth of July, Labor Day, and Thanksgiving holiday periods than both the Christmas and New Year’s Day holiday periods.

13. True: Wearing your seatbelt can reduce your risk of dying in a traffic crash by 45 percent in a car and as much as 60 percent in a truck or SUV.

“You Are One of a Kind” Eagle Award Program –
Philip DeBerard Honors 250 Students Over 14 Years

The 250th Morningside Academy, You Are One of a Kind Eagle Award student winner, 9 year old Erick Lora, was recognized on October 22nd . Stuart attorney Philip DeBerard first introduced this program in 1996 to honor students who “aim high and soar like an eagle” in their academic and personal lives.


Each year for the last 14 years, teachers at Morningside, a private Christian school in Port St. Lucie, nominated students they believe meet the specific criteria set forth by DeBerard for this award. The guiding principle of the You Are One of A Kind Eagle Award is recognition of students who have distinguished themselves through scholarship, leadership, and acts of service. These are students who soar above the crowd through their strength of character, service to others, and commitment to their church. Many of these are students who have overcome obstacles in their life and, despite the barriers, have progressed academically.

The newest group of Eagle Award winners, with their proud parents watching, received an engraved Bible and a certificate of accomplishment from attorney DeBerard in a ceremony in the school’s chapel. The winners were, Nathanial Miller, Billy Vega, Karina DelToro and Erick Lora. Upper School winners were Emma Harris and Lindsey Evans.

“Philip DeBerard is the only business partner who recognizes and uplifts students at Morningside Academy. We are thankful for this program and the devotion of Mr. DeBerard to the students and the school,” says Paul Humburg, principal of Morningside Academy Upper School, who is also the proud father of three Eagle Award winners.

“The students aspire and covet the You Are One of a Kind Eagle Award,” Humburg said. “What is special is that the other students know that the recipients deserve the Eagle Award. The comprehensive Eagle Award list reads like a Who’s Who of Morningside Academy students. These winners have gone on to distinguish themselves in school, in college and now in their careers. Former Eagle Award winners have become local professionals and educators”.

“I am excited about recognizing and encouraging these promising students for their excellent performance,” says Attorney DeBerard. “It gives me great pleasure to witness the many contributions these students make in their communities and schools. Their commitment to helping others and their dedication to serving their community will ensure they grow up to become active and devoted citizens.”


The Accident Law Offices of Philip DeBerard, www.flainjurylawyer.com practices in the area of Personal Injury and Wrongful Death, serving Okeechobee, Stuart, Jupiter and Fort Pierce.


The Eagle Award Program Recognizes:

 A student who has followed the "Golden Rule" within the classroom and throughout the community

 A student for academic achievement

 A student who has overcome obstacles in life and regardless of the barriers has progressed academically

 A student who has excelled in volunteer efforts at church, school and the community

 A student who has faithfully committed to his/her family, church, school, community and country

 A student who soars above the crowd like an eagle through strength of character and service to others !

Walking Your Children to the School Bus Stop
Guidelines for talking to children about pedestrian safety

Parents decide when their child is ready to walk without an adult. First, they need to teach their child when and where it is safe to walk and to cross the street.
Teach children to:
1. Always look for cars for yourself.
Drivers are supposed to obey the rules and watch for people walking. But you can not count on them to always remember.
2. Choose the safest routes to walk with the fewest and safest streets to cross. Avoid crossing busy or high-speed roads.
3. Walk along the street safely. This means:
􀂃 Use sidewalks or paths.
􀂃 If there are no sidewalks or paths, walk as far from the cars as possible and face traffic.
􀂃 Watch for cars turning or pulling out of driveways.
4. When crossing the street at mid block:
􀂃 Stop at the curb and look left, right and left again for traffic.
􀂃 Wait until no traffic is coming and begin crossing. Keep looking for traffic until you have finished crossing.
􀂃 Walk, don’t run across the street.
5. If you must cross between parked cars:
􀂃 Stop at the curb and check to see if the cars are running or if anyone is in the driver seat.
􀂃 If safe, cross to the edge of the parked cars, and look left, right and left again before crossing.
6. When crossing the street at an intersection:
􀂃 Obey traffic signs and signals.
􀂃 Remember that just because it is your turn to cross does not mean that it is safe to cross. Do not trust that cars will obey the rules or that turning cars will see you.
􀂃 Look for yourself to see if cars are coming. Look left, right and left and then behind you and in front of you for turning cars.
Created by the Pedestrian and Bicycle Information Center, national coordinator for
International Walk to School Day and Week, www.walktoschool.org

Q&As: 15-passenger vans


1 What are 15-passenger vans?
These are large vans with 5 rows of seats intended to transport up to 15 people, including the driver. The federal government classifies 15-passenger vans as buses for the purpose of vehicle safety standards (49 CFR 571.3(b)).

Fifteen-passenger vans first appeared in the US market in 1972 and gained popularity during the 1990s with annual registrations increasing from about 150,000 in 1990 to over 500,000 in 2006. These vans comprised about 0.2 percent of the total US passenger vehicle fleet in 2007.

There were 503,346 15-passenger vans registered as of July 1, 2007 (see table). Two make/models accounted for 85 percent of all of these vans registered in 2007 — Ford Econo Club E-350 and Dodge B350/3500. Only three make/models of 15-passenger vans are currently produced and sold — the Chevrolet Express 3500, Ford Econo Club E-350, and GMC Savana 3500.

Number of registered 15-passenger vans by make and model, as of July 1, 2007
Model Years Make and Model Registrations
1978-2007 Ford Econo Club E-350 305,015
1981-2002 Dodge B350/3500 125,304
1996-2006 Chevrolet Express 3500 46,254
1990-1996 Chevrolet Sportvan 1T 9,402
1975-1980 Dodge Maxivan B300 5,074
1997-2007 GMC Savana 3500 8,738
1990-1996 GMC Rally 1T 3,559
Total 503,346


Note: Cargo versions of these vans not included in counts

2 Are occupants of 15-passenger vans more likely than occupants of other passenger vehicles to die in crashes?
The driver death rate in 15-passenger vans is lower than in other passenger vehicles, but the occupant death rate in the vans is higher. During 2003-07, there were 44 driver deaths per million registered 15-passenger vans. This was less than half the driver death rate (97) for all other passenger vehicles combined (cars, minivans, pickups, and SUVs). However, the death rate for all occupants, not just drivers, was higher for 15-passenger vans than for other passenger vehicle types combined — 200 versus 138 deaths per million registered vehicles. This is largely because 15-passenger vans tend to have much higher occupancy rates, so more people are at risk of dying when a crash occurs. Among passenger vehicles in fatal crashes during 2003-07, an average of 5 occupants were in 15-passenger vans compared with 2 occupants in all other passenger vehicles combined.

3 Do occupants of 15-passenger vans and occupants of other types of passenger vehicles die in similar types of crashes?
In 2007, 50 percent of the deaths of occupants of 15-passenger vans occurred in single-vehicle rollover crashes; this was the same as the proportion of occupant deaths in SUVs (50 percent) and higher than the proportion in pickups (41 percent) or cars (21 percent). Deaths of drivers of 15-passenger vans were less likely to occur in single-vehicle rollover crashes than deaths of all occupants of these vans (33 versus 50 percent); for other passenger vehicles, the proportion of deaths in single-vehicle rollover crashes was similar for drivers and all occupants.

4 Who can drive 15-passenger vans?
Although driver licensing is a state matter, states must follow federal standards for commercial drivers. These standards require drivers of vans designed to carry at least 16 occupants to have a commercial driver's license (CDL) but do not apply to vans designed to carry fewer occupants. States may impose their own restrictions if vans are used commercially, but no special license is needed for uses such as transporting a sports team or church group.

Licensing and training requirements for drivers of 15-passenger vans are of concern because some van drivers may not operate such large vehicles on a regular basis. They may be unfamiliar with the way the vans handle and how they should be maintained.

The safety consequences of extending commercial licensing requirements to drivers of 15-passenger vans are not known. If, for example, the result were fewer groups traveling by van because of a shortage of licensed drivers, then these occupants might spread out into multiple vehicles. The net safety effect of putting more vehicles on the road to transport the same number of people is unknown.

5 Are there special handling issues for 15-passenger vans?
Yes. Fifteen-passenger vans are larger than most other passenger vehicles, and an inexperienced driver may have difficulty negotiating corners, backing up, or performing other maneuvers. These vans also have high centers of gravity, making them less stable than vehicles such as cars. Adding passengers raises the center of gravity of a vehicle, so given the greater seating capacity of 15-passenger vans, they become increasingly difficult to handle and less stable as passengers are added.

6 Are 15-passenger vans less stable than other vehicle types?
Yes. A 2004 study conducted by the National Highway Traffic Safety Administration (NHTSA) looked at changes in the odds of rolling over in a single-vehicle crash as the number of occupants increased, after accounting for differences in weather and driver and roadway characteristics.1 The risk of a single-vehicle rollover crash was found to be lower for 15-passenger vans than for SUVs when the driver was traveling alone. However, adding occupants to either vehicle type increased the risk of rollover by 9-12 percent per occupant. The odds of rollover for a 15-passenger van increased more than 400 percent when fully loaded compared with a driver traveling alone. For other passenger vehicle types, the odds of rollover when fully loaded compared with a driver traveling alone increased 20 percent for cars, 50 percent for pickups, and almost 100 percent for SUVs and minivans.

Laboratory tests conducted for NHTSA found that the increased risk of rollover for 15-passenger vans was associated with their high centers of gravity.2 When test vehicles were fully loaded, the center of gravity increased 0.9 inches for minivans, 1.4 inches for 7-passenger vans, and 4 inches for 15-passenger vans.

In 2003-07, about half of the rollover deaths in 15-passenger vans occurred in vans carrying at least 10 occupants, while only 21 percent of people who died in 15-passenger vans that did not roll over were riding in such heavily loaded vans.

7 Is tire pressure a factor in crashes involving 15-passenger vans?
Improperly inflated tires can affect any vehicle's stability, increasing the likelihood of a crash. In 2005, NHTSA published the preliminary results of a survey on tire pressures among large vans. The sample included 937 15-passenger vans used by different types of organizations at 16 locations across the United States. Fifty-seven percent of the vans had at least one tire underinflated by 25 percent or more, relative to the pressure recommended by the vehicle manufacturer. About 1 in 4 vans had at least one tire overinflated by 25 percent above the recommended pressure, and 6 percent had at least one tire inflated above the maximum pressure indicated on the tire sidewall.3 In a separate survey, NHTSA found that about 30 percent of cars, minivans, pickups, and SUVs had at least one underinflated tire.4 However, the extent to which tire inflation has contributed to the crashes of 15-passenger vans is unknown. Also, automatic tire pressure monitoring systems are becoming more common on these vehicles as a standard feature.

8 Could electronic stability control (ESC) help reduce the rollover propensity of 15-passenger vans?
The technology is promising. ESC has been found to reduce fatal single-vehicle crash risk by 51 percent and fatal multiple-vehicle crash risk by 20 percent for cars and SUVs. Many single-vehicle crashes involve rolling over, and ESC effectiveness in preventing rollovers is even more dramatic. It reduces the risk of fatal single-vehicle rollovers by 72 percent for SUVs and by 63 percent for cars.5 ESC is designed to help prevent drivers from losing control of their vehicles during high-speed maneuvers or on slippery roads. It is an extension of antilock brake technology with additional sensors that continuously monitor how well a vehicle is responding to a driver's steering input. When the sensors detect the vehicle is straying from the driver's intended line of travel, ESC brakes individual wheels to keep the vehicle under control. ESC also may modulate engine speed. All 2006 and later model 15-passenger vans are equipped with ESC.

In 2004, NHTSA began publishing the results of vehicle handling tests to rate the stability of some passenger vehicles. The tests are part of the rollover stability component of NHTSA's New Car Assessment Program (NCAP), which provides consumers with vehicle safety information. In the 2005 federal highway reauthorization act, Congress told NHTSA to begin conducting tests to rate the stability of 15-passenger vans. To date, NHTSA has conducted limited handling tests of 15-passenger vans. In tests of a 2003 Ford E-350 and 2004 GMC Savana 3500 with and without ESC, drivers of the ESC-equipped vans were less likely to lose control in the kinds of high-speed maneuvers that can result in rollover.6 Still, there are not enough ESC-equipped 15-passenger vans on the road to measure the real-world effects.

See Q&A: Electronic stability control

9 What other safety features are available on 15-passenger vans?
In addition to ESC, antilock brakes, and front-row airbags, which are now standard on all 15-passenger vans, 2008-09 models of the Chevrolet Express 3500 and the GMC Savana 3500 include as standard equipment side-curtain airbags and reinforced glass. The side-curtain airbags are the largest on the market and protect occupants in the first three rows of seating. Reinforced glass, which resists breaking, is designed to prevent ejection of occupants of the fourth and fifth rows. While these safety features are promising, 15-passenger vans’ high centers of gravity make handling more difficult.

10 Is belt use a factor in deaths of occupants of 15-passenger vans?
Yes. During 2003-07, only 22 percent of fatally injured 15-passenger van occupants were restrained. Among fatally injured van occupants who were not restrained, 55 percent were fully ejected from the vehicle. In comparison, among fatally injured occupants of other passenger vehicle types, belt use ranged from 28 percent in pickups to 45 percent in cars and minivans, and the rate of ejection among unrestrained occupants ranged from 30 percent for cars and minivans to 57 percent for SUVs. Current federal rules require lap belts or lap/shoulder belts at all seating positions in all new passenger vehicles, including 15-passenger vans.

11 Is alcohol a factor among drivers of 15-passenger vans involved in fatal crashes?
Yes, but not as much as for drivers of other passenger vehicle types. During 2003-07, 16 percent of fatally injured drivers of 15-passenger vans had blood alcohol concentrations at or above 0.08 percent. This proportion was lower than for fatally injured drivers of cars (29 percent), SUVs (36 percent), or pickups (41 percent).

12 Are there any government efforts aimed at organizations transporting people to reduce occupant fatality rates in 15-passenger vans?
Most states require the use of school buses to transport children to and from school and school-related events, but some states do not. NHTSA recommends that pre-school and school-age children not be transported in 15-passenger vans. The 2005 federal highway reauthorization act prohibits pre-primary, primary, and secondary schools from purchasing, renting, or leasing new 15-passenger vans to be used significantly to transport students to and from school and school-related activities unless the vans meet the federal standards for school buses or multifunctional school activity buses. The additional design standards for school buses — such as roof rollover protection and strong, closely spaced seats with padded, energy-absorbing seatbacks — provide greater occupant protection in the event of a crash.

In 2001, NHTSA issued a consumer advisory recommending that 15-passenger vans be operated by experienced drivers familiar with handling such large fully loaded vehicles. Organizations using these vans were urged to require seat belt use at all times. A 2004 consumer advisory warned users of 15-passenger vans about an increased risk of rollover under certain conditions. In August 2003, NHTSA amended the school bus safety regulations to encourage churches and other groups to use buses instead of vans.

References
1Subramanian, R. 2004. Analysis of crashes involving 15-passenger vans. Report no. DOT HS-809-735. Washington, DC: National Highway Traffic Safety Administration.

2Garrott, W.R.; Rhea, B.; Subramanian, R.; and Heydinger, G.J. 2001. The rollover propensity of fifteen-passenger vans. Research note. Washington, DC: National Highway Traffic Safety Administration.

3Thiriez, K.K.; Ferguson, E.; and Subramanian, R. 2005. 12 & 15 passenger vans tire pressure study: preliminary results. Traffic safety facts, Research note. Report no. DOT HS-809-846. Washington, DC: National Highway Traffic Safety Administration.

4Thiriez, K. and Bondy, N. 2003. NHTSA's tire pressure special study, February 2001. Paper no. 256. Proceedings of the 18th International Technical Conference on the Enhanced Safety of Vehicles (CD-ROM). Washington, DC: National Highway Traffic Safety Administration.

5Insurance Institute for Highway Safety. 2008. Unpublished data analysis

6Forkenbrok, G.J. and Garrott, W.R. 2004. Testing the rollover resistance of two 15-passenger vans with multiple load configurations. Report no. DOT HS-809-704. Washington, DC: National Highway Traffic Safety Administration.