2.9.4 – Cell/Mobile Phones
49 CFR Part 383, 384, 390, 391 and 392 of the
Federal Motor Carrier Safety Regulations
(FMCSRs) and the Hazardous Materials
Regulations (HMR) restricts the use of hand-held
mobile telephones by drivers of commercial motor
vehicles (CMVs); and implements new driver
disqualification sanctions for drivers of CMVs who
fail to comply with this Federal restriction; or who
have multiple convictions for violating a State or
local law or ordinance on motor vehicle traffic
control that restricts the use of hand-held mobile
telephones. Additionally, motor carriers are
prohibited from requiring or allowing drivers of
CMVs to use hand-held mobile telephones.
The use of hand-held mobile telephones means,
‘‘using at least one hand to hold a mobile telephone
to conduct a voice communication; “dialing a mobile
telephone by pressing more than a single button”;
or “moving from a seated driving position while
restrained by a seat belt to reach for a mobile
telephone”. If you choose to use a mobile phone
while operating a CMV, you may only use a hands
free mobile phone that is located close to you and
that can be operated in compliance with the rule to
conduct a voice communication.
Your CDL will be disqualified after two or more
convictions of any state law on hand-held mobile
telephone use while operating a CMV.
Disqualification is 60 days for the second offense
within 3 years and 120 days for three or more
offenses within 3 years. In addition, the first and
each subsequent violation of such a prohibition are
subject to civil penalties imposed on such drivers, in
an amount up to $2,750. Motor carriers must not
allow nor require drivers to use a hand-held mobile
telephone while driving. Employers may also be
subject to civil penalties in an amount up to
$11,000. There is an emergency exception that
allows you to use your hand-held mobile telephones
if necessary to communicate with law enforcement
officials or other emergency services.
Research shows that the odds of being involved in
a safety-critical event (e.g., crash, near-crash,
unintentional lane deviation) is 6 times greater for
CMV drivers who engage in dialing a mobile
telephone while driving than for those who do not.
Dialing drivers took their eyes off the forward
roadway for an average of 3.8 seconds. At 55 mph
(or 80.7 feet per second), this equates to a driver
traveling 306 feet, the approximate length of a
football field, without looking at the roadway.
Your primary responsibility is to operate a motor
vehicle safely. To do this, you must focus your full
attention on the driving task.
Note that hands-free devices are no less likely than
hand-held cell phones to cause you to become
distracted. Attention is diverted from the driving
task while using either device.
2.9.5 –Texting
49 CFR Part 383, 384, 390, 391, 392, the Federal
Motor Carrier Safety Regulations (FMCSR)
prohibits texting by commercial motor vehicle
(CMV) drivers while operating in interstate
commerce; and implements new driver
disqualification sanctions for drivers of CMVs who
fail to comply with this Federal prohibition; or who
have multiple convictions for violating a State or
local law or ordinance on motor vehicle traffic
control that prohibits texting while driving.
Additionally, motor carriers are prohibited from
requiring or allowing their drivers to engage in
texting while driving.
Texting means manually entering text into, or
reading text from, an electronic device. This
includes, but is not limited to, short message
service, e-mailing, instant messaging, a command
or request to access a World Wide Web page, or
engaging in any other form of electronic text
retrieval or entry, for present or future
communication.
Electronic device includes, but is not limited to, a
cellular telephone; personal digital assistant; pager;
computer; or any other device used to enter, write,
send, receive, or read text.
Your CDL will be disqualified after two or more
convictions of any state law on texting while
operating a CMV. Disqualification is 60 days for the
second offense within 3 years and 120 days for
three or more offenses within 3 years. In addition,
the first and each subsequent violation of such a
prohibition are subject to civil penalties imposed on
such drivers, in an amount up to $2,750. No motor
carrier shall allow or require its drivers to engage in
texting while driving. There is an emergency
exception that allows you text if necessary to
communicate with law enforcement officials or other
emergency services.
Evidence suggests that text messaging is even
riskier than talking on a cell phone because it
requires you to look at a small screen and
manipulate the keypad with one’s hands. Texting is
the most alarming distraction because it involves
both physical and mental distraction
simultaneously.
Research shows that the odds of being involved in
a safety-critical event (e.g., crash, near-crash,
unintentional lane deviation) is 23.2 times greater
for CMV drivers who engage in texting while driving
Section 2 – Driving Safely
Page 2-22