Effective January 3, 2012 the Federal Motor Carrier Safety Administration (FMCSA) has ruled that Commercial Motor Vehicle (CMV) drivers cannot “use a hand-held mobile telephone” while driving a CMV (§392.82).
This applies to ALL INTERSTATE Commercial Motor Vehicles (CMVs). Each state has three years to adopt these rules for INSTATE drivers.
The following are new definitions:
- Using at least one hand to hold a mobile telephone to conduct a voice communication;
- Dialing or answering a mobile telephone by pressing more than a single button, or
- Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he/she is no longer in a seated position, restrained by a seat belt that is installed in accordance with 49 CFR 393.3.
“Mobile telephone” means a mobile communication device that falls under or uses any commercial mobile radio service. It does not include two-way or Citizens Band Radio services.
“Driving” means operating a CMV on a highway, including while temporarily stationary because of traffic, traffic control device, or other momentary delays.
WHEN A CMV DRIVER CAN USE A MOBILE PHONE
A mobile telephone may be used when the driver of a CMV has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
A mobile telephone may be used “when necessary to communicate with law enforcement officials or other emergency services.”
Push-to-talk may be used as long as the CMV driver does not reach for, dial, or hold the actual mobile phone in his/her hand while driving and the driver is able to touch the button needed to operate the push-to-talk feature from the normal seated driving position. For example, a phone mounted in a cradle or similar device near the driver.
CONSEQUENCES
This is considered a “serious traffic violation”.
- A second conviction of ANY serious traffic violation in 3 years results in disqualification for 60 days.
- Fines and/or disqualification for CDL and Non-CDL drivers:
- Civil penalties up to $2,750 for each offense
- Disqualification for multiple offenses
- Fines for companies allowing drivers to violate the law (up to $11,000/violation).
TEXTING
Texting while driving is prohibited by federal regulations. Most states have adopted these rules.
