DOT Agencies Issue Final Rule Prohibiting Cell Phone Use by CMV Drivers | Practical Law

DOT Agencies Issue Final Rule Prohibiting Cell Phone Use by CMV Drivers | Practical Law

The Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule, effective January 3, 2012, prohibiting commercial motor vehicle (CMV) drivers from using hand-held cell phones while operating their vehicles.

DOT Agencies Issue Final Rule Prohibiting Cell Phone Use by CMV Drivers

Practical Law Legal Update 9-517-1351 (Approx. 3 pages)

DOT Agencies Issue Final Rule Prohibiting Cell Phone Use by CMV Drivers

by PLC Labor & Employment
Published on 06 Jan 2012 • USA (National/Federal)
The Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a final rule, effective January 3, 2012, prohibiting commercial motor vehicle (CMV) drivers from using hand-held cell phones while operating their vehicles.
The Department of Transportation's Federal Motor Carrier Safety Administration and Pipeline and Hazardous Materials Safety Administration issued a final rule, effective January 3, 2012, prohibiting covered commercial motor vehicle (CMV) drivers from using hand-held cell phones while operating their vehicles.
Specifically, the final rule prohibits covered CMV drivers from using a hand-held mobile telephone while driving a CMV. Prohibited conduct includes:
  • Holding a cell phone using at least one hand to communicate by voice.
  • Dialing or answering a cell phone by pressing more than one button.
  • Reaching for a cell phone, unless the driver remains in the seated driving position and restrained by a seat belt.
The definition of "texting," which is already prohibited, also is revised.
The final rule also prohibits motor carriers from allowing or requiring their drivers to use hand-held cell phones while driving a CMV. In addition to penalties that may be assessed to individual CMV drivers, employers are liable for violations by their employees, including civil penalties of up to $11,000 for each violation. To minimize the risk of liability, motor carriers should:
  • Implement and enforce a policy prohibiting cell phone use while driving a CMV, except as specifically permitted by the final rule.
  • Train employees who are covered CMV drivers about what cell phone use is permitted and prohibited by the final rule.
  • Ensure employees who are covered CMV drivers are properly equipped to comply with the final rule. For example, employers may consider providing their CMV drivers with hands-free headsets.
For more information, see DOT FMCSA: FAQs – Ban on Hand Held Cellular Phones. For more information on health and safety in the workplace generally, see Practice Note, Health and Safety in the Workplace: Overview.