CDL's and Mobile Phones Don't Mix / 49 CFR 392.82

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Using a hand held mobile phone while operating a commercial vehicle

Title 49 CFR 392.82 [1], even though it does say that the act of "Texting" does not include the following: 

(i) Inputting, selecting, or reading information on a global positioning system or navigation system; or 

(ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or 

(iii) Using a device capable of performing multiple functions (e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this subchapter.

It (49 CFR 392.82(a)) [2] does however go on to say that no driver shall use a hand-held mobile telephone while driving a CMV [commercial motor vehicle], and no motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV [commercial motor vehicle].

These laws prohibit the use of hand-held mobile phones while driving a commercial motor vehicles. The definition of using a hand-held mobile phone includes holding it to make a voice call, dialing or answering it if it involves more than pressing more than one button, or reaching for it in a way that makes the driver to move out from the driving position.

The Good News

The key operating term here is "pressing more than one button". Anything more than 'ONE' touch is illegal.

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The Bad News

The penalties for breaking these laws are pretty weighty.

Violating this law is a criminal charge, with fines, surcharges, and potential jail time. Different states states impose different charges for violating these laws such as:

  1. A class 2 misdemeanor for a first offense.
  2. A class 1 misdemeanor for a second offense.
  3. A class 6 felony for any subsequent offense.

The violation also carries a 10-point penalty under the FMCSA’s Safety Measurement System.

Takeaways:

Keyup on your radio and get on Sesame Street with the other 18-wheelers around you, or dial in your mobile-phone to take audible commands such as "Hey Google" or "Okay Google" for Samsung products and "Hey Siri" for Apple products.

It's amazing what you can get your mobile-device to do with a simple verbal command.

Don't forget to 10-5 this article and stay safe out there.

Resources:

[1] https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-390#p-390.5(Texting)

[2] https://www.ecfr.gov/current/title-49/section-392.82

#trucking #logistics #CDL #truckinglaws #commercialdriving #trucksafety #textingwhiledriving #CMV #FMCSA #motorcarriers #drivingsafety #emergencyexception #lawenforcement #citation #trafficviolation #defenses #cellphoneuse #mobiledevices #distracteddriving #truckingpenalties #truckdrivingjobs #gasolinehaulers #ThermosBottle #truckerlingo


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