In The News
Arizona Judge tosses out OOIDA member’s laptop case
One OOIDA member won’t have to pay a fine for having his laptop computer mounted near his driver’s seat after all.
OOIDA member Gerald Cook of Amarillo, TX, was ticketed by an Arizona DOT officer in late May at the San Simon Port of Entry. The officer cited Cook under Federal Motor Carrier Safety Regulation 393.88, which prohibits commercial drivers from keeping screens capable of receiving a television broadcast in view when the driver is at the wheel.
On Thursday, Oct. 9, a Cochise County Circuit judge dismissed the state’s case against Cook.
Cook’s case had the potential to affect a large percentage of commercial drivers who keep laptops in their cabs, long-haulers in particular. Many truckers use laptops for everything from mapping software to digital logbooks and for communication with dispatchers. Some drivers use voice-activated software that allows them to keep their eyes on the road.
Arizona Department of Transportation employees argued that some truck drivers chat or surf the Web while rolling, but they weren’t able to produce citations or warnings for such violations.
Arizona DOT officers suspended writing citations under the federal rule after Land Line questioned the practice in early June.
The Arizona DOT requested a formal opinion from FMCSA in June, but officials with the state agency apparently later changed their minds and said they would await discussion about laptops and other driver distractions at the annual Commercial Vehicle Safety Alliance conference in September.
At the CVSA conference, an FMCSA representative said no state should be writing tickets based on FMCSR 393.88 – the ban on in-cab television screens.
Land Line wasn’t immediately able to reach Cook Thursday, but in an interview in June, Cook said he planned on winning.
“I’ll fight it until every cop car in the country doesn’t have a laptop in it,†Cook said then. “My laptop is staying right where it is.â€