Commercial Motor Vehicle Drivers Banned from Cell Phone Use

by Joseph "Trey" L. Wood, III

The Federal Motor Carrier Safety Administration's final rule prohibiting Commercial Motor Vehicle (CMV) drivers from using hand-held cell phones while operating their vehicles went into effect on January 3, 2012.

Through the Pipeline and Hazardous Materials Safety Administration (PHSA), drivers hauling hazardous materials within a state are also included in the ban. Drivers who violate the rule will face civil penalties of up to $2,750 for each offense. The rule also provides that the employers are liable for violations by their employees with civil penalties reaching up to $11,000 for each violation. Since the Federal Motor Carrier Safety Administration will hold employers responsible for violations by their drivers, it is recommended that employers immediately implement a policy prohibiting such conduct by drivers in order to try and reduce, if not avoid these penalties.

The new rule restricts a CMV driver from holding a mobile telephone to conduct a voice communication, dialing a mobile telephone by pressing more than a single button, or reaching for a mobile phone in an unacceptable and unsafe manner (e.g. reaching for any mobile telephone on the passenger seat, under the driver's seat, or into the sleeper berth). Thus, a driver of a CMV who desires to use a mobile phone while driving will need to use a compliant mobile telephone (such as hands-free) located in close proximity to the driver that can be operated in compliance with this rule. Thus, the ease of "reach" or accessibility of the phone is relevant only when a driver chooses to have access to a mobile telephone while driving. Essentially, the CMV driver must be ready to conduct a voice communication on a compliant mobile telephone, before driving the vehicle. The only exception to the rule allows CMV drivers to use their hand-held mobile telephones if necessary to communicate with law enforcement officials or other emergency services.