T says no to driver cellphones

The new rules, believed to be the toughest in the country for a major transit agency, will ban drivers even from keeping electronic devices with them - in a pocket, knapsack or handbag - while operating a Massachusetts Bay Transportation Authority vehicle. First-time offenders will get a 10-day suspension; after a second offense, they are subject to dismissal, under rules that will take effect Monday.

Fifty people went to the hospital with injuries last week after the crash of a trolley operated by a 24-year-old operator, Aiden Quinn, who told investigators he was text-messaging his girlfriend. The trolley ran a red light, destroying three trolley cars, worth a total of $9.6 million.

Transit cellular policies have evolved over the past two decades, as cellphones and paging devices have grown from elite novelties into appendages and major distractions for drivers. Many rail and transit agencies revised policies after a Sept. 12 Metrolink commuter train crash in Southern California that killed 25 people and involved an engineer who was text-messaging.

Metrolink allows train engineers to carry phones in a storage cabinet outside the driving cab under rules that went into effect after the crash, said Francisco Oaxaca, a spokesman.

Philadelphia's Septa forbids operators from carrying phones on their person, but allows them to keep them turned off, in a handbag or case, while on duty. Managers in Philadelphia plan to study the new MBTA policy, said Jerri Williams, spokeswoman for Septa.

Some MBTA employees, while acknowledging that phones should not be used while driving, worry they will no longer be in touch with friends and family while on break during shifts that can last 10 or 12 hours.

"There are no outside lines for employees," said a 16-year employee who would not give her name because the MBTA discourages workers from speaking with the media.

The MBTA's general manager, Daniel A. Grabauskas, acknowledged those concerns at a press conference yesterday, but said the safety hazards have become too great and the existing rules have not worked. He said the T has an emergency hot line that family members can use to contact employees through dispatchers and he will look into installing more pay phones at stations.

"A moment's convenience is not worth jeopardizing the safety of our passengers," Grabauskas said.

The MBTA's previous cellphone policy called for a three-day suspension after one offense, a 10-day suspension after two, and dismissal for the third offense.

Despite the existing ban, passengers say they often see MBTA employees using cellphones on duty.

"Something's got to be done," said Delphina Shuler, a Dorchester passenger who said she sees bus drivers on the phone three or four times a week.

To enforce the cellphone ban, the MBTA will not search its employees, meaning that some will undoubtedly carry their phones to work without detection. Grabauskas said he hopes that strict penalties, reinforced by an information campaign that will include decals and signs, will deter them.

The MBTA will also listen to passenger complaints and will even check cellphone records of employees under suspicion, Grabauskas said.

The rules will affect about 3,000 bus, trolley, subway, and commuter rail employees. Commuter rail engineers, who work for a private contractor, were already prohibited from carrying cellphones on their person; now, engineers and conductors will have to keep them off the train. That could leave drivers and engineers using passengers' phones in the case of an emergency if the onboard communication systems fail.

Officials also said yesterday that the operator in last week's crash, Quinn, decided not to speak with federal investigators on the advice of his lawyer, after skipping two previous meetings with the National Transportation Safety Board.

"We have communicated that he would like to help in this situation," said Quinn's lawyer, Michelle Menken. "But right now, while he is facing a real possibility of criminal charges, it doesn't make sense for him to go in there and answer questions that could be used against him in a court proceeding."

NTSB investigators plan to leave Boston today, according to a spokesman.

In light of the crash, Governor Deval Patrick and others have asked the T to evaluate its qualifications and training for trolley operators. The T hires them as young as 18, and Quinn was the second 24-year-old driver in a year blamed for running a red light and causing a serious crash.

Grabauskas said he believes distraction was a bigger factor in the crash and pointed out that the engineer in the Metrolink crash was 46 years old, with 20 years of experience. "I'm not compelled by the argument that age is a factor here," he said.

Andrew Ryan of the Globe staff contributed to this report. Noah Bierman can be reached at nbierman@globe.com.