Department of Public Utilities Adopts Final Regulations Banning MBTA Operator Cell Phone Use

New regulations finalize rules Governor Patrick called for following a Green Line crash that injured more than 40

BOSTON – Giving teeth to the MBTA’s “zero tolerance policy” for transit operator cell phone use, the Department of Public Utilities (DPU) today issued an order adopting as final regulations emergency rules prohibiting the use of cell phones and other personal electronic devices by on-the-job MBTA vehicle operators. The DPU adopted the rules on a temporary basis in May, at the request of Governor Patrick, following a serious Green Line accident in which a trolley driver admitted he was sending a text message at the time of a two-trolley collision that sent more than 40 people to area hospitals for treatment.

The emergency rules were set to expire on August 18, but are now permanent regulations with which the MBTA must comply.

“The DPU concurs with MBTA management that a zero tolerance policy on the use or possession of electronic devices by on-duty bus and train operators is essential to ensure public safety," said DPU Chairman Paul Hibbard.

Following the May 9 Green Line crash, Governor Patrick called for the DPU to take all immediate steps within its power to support the MBTA’s ban on cell phone use by transit drivers, urging the agency to issue rules prohibiting cell phone use by all on-duty operators of MBTA trains and buses. After adopting the rules as an emergency measure on May 18, the DPU held a public hearing on June 30 where it heard testimony from MBTA management and representatives of unions representing MBTA operators. In today’s order, which is effective immediately, the DPU encourages “the MBTA to continue to work closely with the Carmen’s Union to explore ways to mitigate the impact on employees’ ability to communicate with family members in emergencies,” but agreed with the Authority “that the emergency regulations should be made permanent to ensure the safety of the MBTA’s passengers and its employees.”

The DPU is responsible for oversight of the safety and security practices of the MBTA under state law and through a delegation of authority under federal law. The DPU exercises this authority through regulations that specify the practices and procedures that must be followed by the T to ensure public safety and address any known safety hazards. The DPU also reviews the MBTA’s safety and security plan periodically, and requires changes to the plan in light of known safety issues. The MBTA’s compliance with today’s order is now among the safety and security measures that may be reviewed and assessed by the DPU.

Enforcement of the DPU order rests with the MBTA, since the DPU does not have authority over MBTA employees. For several years, the MBTA has had a policy banning cell phone use by drivers while on the job, with penalties escalating from a three-day suspension after one offense, to a 10-day suspension after two, and dismissal for the third offense. Engineers on commuter-rail trains operated by a private contractor are also prohibited from having a cell phone or other device on their person.