Welcome back and thanks for reading The Bottom Line! Here is all you need to know about what you can use and not use with the new cell phone ban. It goes into effect 01/03/12. Those of you who are INTRASTATE HAZARDOUS MATERIAL CARRIERS-please see highlighted area
Hand-Held Mobile Phones Now Less Mobile
Beginning January 3, 2012, drivers of commercial motor vehicles (CMVs) will not be able to hold, dial, or reach for a hand-held cell phone, including those with push-to-talk capabilities, while driving. This will also include the occasions when the driver is temporarily stopped in traffic due to delays or waiting for traffic signals to change. No longer will a driver be allowed to drive and hold a cell phone, or as many have done or seen, squeeze the cell phone with their shoulder and ear while motoring anywhere on the highways. Once the driver has moved the vehicle to the side of, or off, a highway and has sufficiently parked in a safe location, the use of a hand-held cell phone is allowed.
Section 392.82, describing this ban on cell phones while driving, was recently added to the FMCSRs (Federal Motor Carrier Safety Regulations) and clearly states that motor carriers cannot allow or require drivers to use a hand-held mobile device while driving a CMV. Companies who allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000.00. Drivers who violate this rule will face federal fines of up to $2,750.00 for each offense and will face disqualification of their driving privileges for multiple offenses. Table 2 in §383.51 lists these disqualification penalties.
What is allowable under §392.82 is a mobile cell phone with hands-free capabilities and dialing or answering the mobile phone by pushing one single button. The FMCSA feels that this type of activity keeps both hands of the driver free and their attention fixed on the road ahead. Also, the one button activation of the hands-free cell phone only requires minimal distraction much the same as a driver would change the station on the radio, or adjust the heat in the cabin.
The only exception to this new rule is the emergency exception. Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services. Drivers will be allowed to use CB radios and two-way radios while driving.
The new regulation banning cell phone use, which was issued jointly by the FMCSA and Pipeline and Hazardous Materials Safety Administration (PHMSA), also applies to intrastate drivers transporting hazardous materials requiring placarding.
Hopefully you’ll check back soon to see our weekly updates. And always, if you have any questions for the Truck Insurance Pro…please just let us know and we’ll get back to you ASAP!
Keep on Rollin’!
Jason Stevenson, MBA, CPIA
Truck Insurance Pro
The Hoffman Group–Transportation Services
800.826.4006
jstevenson@thehoffmangrp.com
