Compliance Corner: The New Cell Phone Ban; Clearing Up The Confusion

In December 2011, the Federal Motor Carrier Safety Administration (FMCSA) issued a final rule restricting the use of hand-held mobile telephones by drivers of commercial motor vehicles.  This ban went into effect January 3, 2012.

Though only a few weeks have passed since the ban went into effect, there seems to be a lot of misunderstanding out there when it comes to compliance.  Let’s take a look at some of these issues.

Who must comply with this rule?

This rule applies to interstate drivers of commercial motor vehicles as defined in Section 390.5 of the Federal Motor Carrier Safety Regulations (FMCSRs).

This includes drivers of commercial motor vehicles who operate in interstate commerce and drive a vehicle or combination of vehicles at 10,001 pounds or more, any size or type of vehicle carrying a placardable amount of hazardous materials, or certain types of passenger vehicles including school buses.

The rule also applies to intrastate drivers of commercial motor vehicles who are hauling a placardable amount of hazardous materials.

Does this mean I can never use my cell phone while driving?

Basically, any activity that would involve holding, dialing, answering, or reaching for a hand-held mobile telephone while driving a commercial motor vehicle is prohibited.

The regulation defines use of a hand-held mobile telephone as:

• Using at least one hand to hold a mobile telephone to conduct 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 he/she is no longer in a seated driving position, restrained by a seat belt.

For the purposes of the ban, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays.

• Driving does not include operating a commercial motor vehicle when the driver 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.

Is there a way I could use my cell phone while driving?

The ban does not include use of a mobile phone that includes a speaker phone function, headset, or earpiece and one-touch dialing as long as you are not holding the phone or pressing more than one button.

You may want to consider mounting the phone on your dash well within your reach while driving. This type of set up is acceptable as long as you can reach the phone without leaving the driver’s seat, are not holding the phone, and do not press more than a single button.

We use something called “push to talk” in our vehicles. Is that allowed?

No it is not allowed. A “push to talk” device falls within the rulemaking’s definition of a mobile phone and falls under the ban.

How about my CB radio? Is that included in the ban?

No. Citizens Band (CB) radio services are not included in this ban. You may continue to use your CB.

Can I use my phone in an emergency situation?

The regulation does include a provision that allows a driver to use a hand-held mobile phone when necessary to communicate with law enforcement officials or other emergency services. This would include reporting an accident or drunk driver.

What is the penalty for violating the ban?

Penalties for those who violate the ban include fines and disqualification.

As a driver, you face a fine of up to $2,750 for each offense. If your company allows you to violate the ban, it faces a fine of up to $11,000 for each offense.

If you are convicted of violating the ban twice in 3 years, you will be disqualified from operating a commercial motor vehicle for 60 days. A third conviction in 3 years results in disqualification for 120 days.

So, what is the bottom line?

Putting it simply, do not pick up, hold, or dial your mobile phone while driving. If you must communicate with others while driving, use a headset, earpiece, or speaker phone with one-touch dialing capability. If you must hold or dial your phone, do it once you are safely parked.

Jill Schultz is an Editor — Transportation Safety for J. J. Keller & Associates, Inc. Contact her at transporteditors@jjkeller.com. Also be sure to check out J. J. Keller’s website at jjkeller.com.