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In a continued effort to reduce accidents from distracted driving, the federal government has banned as of January 3, 2012, all commercial motor vehicle drivers from using hand-held mobile phones while driving.

The new rule from the Department of Transportation prohibits commercial motor vehicle (CMV) drivers from holding, dialing, or reaching for a hand-held mobile phone while driving, except for emergency purposes. This rule applies to buses and trucks on interstate routes.

Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:

1. Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
2. Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
3. Is designed to transport 16 or more passengers, including the driver; or
4. Is of any size and is used in the transportation of hazardous materials as defined in the law. http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=383.5

Hands-free use of cellular phones is allowed. This new regulation does not affect Citizen Band Radio, GPS or fleet management system use.

Drivers can be fined $2,750 per violation and carriers may be fined $11,000.

It is recommended that employers institute new employee guidelines and training in order to be in compliance.

If you should need any assistance with developing a policy, the employment law lawyers at Sands Anderson PC would be pleased to assist.

Related articles

• Ban on Cell-Phone Use, Texting While Driving Sought by NTSB – San Francisco Chronicle (sfgate.com)

Tags: cell phone, Department of Transportation, driving, employee safety, employment law, Federal Motor Carrier Safety Administration, independent contractor, labor and employment law, workplace law

This entry was posted on Tuesday, December 20th, 2011 at 8:57 am and is filed under commercial transportation, Department of Transportation, employment law, Federal Motor Carrier Safety Administration, fleet operations, independent drivers, interstate commerce, labor and employment law. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.