US DOT bans the use of hand-held mobile phones beginning 1-3-12
US DOT bans the use of hand-held mobile phones beginning 1-3-12
No driver shall use a hand-held mobile telephone while driving a commercial motor vehicle. (49 CFR Part 392.82) A commercial motor vehicle is defined by the US DOT as a vehicle with a single or combined GVWR, or actual weight of over 10,000# utilized in interstate commerce. (Note: Most states have adopted the Federal Motor Carrier Safety Regulations for intrastate commerce with vehicles at weights ranging from 10,001 to 26,001#)
Use of a hand held mobile telephone means: (49 CFR Part 390.5)
1. Using at least one hand to hold a mobile telephone to conduct a voice communication;
2. Dialing or answering a mobile telephone by pressing more than a single
button, or
3. Reaching for a mobile telephone in a manner which requires a driver to
maneuver so that he or she is no longer in a seated position.
Guidance:
• This rule does not prohibit a driver from using a mounted mobile phone which can be easily accessed from the driver's seat and activated with a single button.
• Driving means operating a commercial vehicle while on a public road, and when stopped in traffic on such a road. Driving does not include instances when the driver is safely parked. Emergency use is permitted.
• The term mobile telephone does not include two way or Citizens Band Radio services, however the term mobile telephone does include mobile services which are provided for profit, have inter-connected service and is available to a substantial portion of the public.
Penalty: Driver is disqualified from operating a commercial motor vehicle (CMV) for 60 days with the second offense in 3 years. (120 days for each subsequent offense within 3 years) Only applies if violation occurred while driving a CMV.