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.