FMCSA addresses hand-held cell phone use

Last month we had an article on the Federal Motor Carrier Safety Administration (FMCSA) issuing a final rule prohibiting hand-held cell phone use while operating commercial vehicles. It went into effect on Jan. 12. Over the past several weeks I have been getting questions from members on this and I wanted to break it down further.

The rule applies to drivers of commercial motor vehicles (CMVs) who hold a Commercial Driver’s License (CDL), except those who are employed by federal, state or local governments. This affects more members than our initial write up may have suggested. Since many of you require drivers to have CDLs, the trigger as I read it depends on your legal relationship with your local government.

If you are considered part of your town or city’s government or, put another way, your employees would be considered employees of your local government, then you are exempt.

But if you do not meet one of these tests or are a co-op, your CDL-licensed employees are prohibited from using handheld cell phones while operating commercial vehicles. With that said, let me answer the common questions I have received.

What constitutes operating?
Operation includes driving and sitting stationary because of traffic or other momentary delays, but does not include when the driver has moved the vehicle to the side or off a highway and has stopped in a location where the vehicle can safely remain stationary. I recommend turning off the engine when possible in these cases, just to be safe.

What about hands-free operation?
CDL holders may use hands-free phone attachments or use the speaker-phone function while driving, as long as a call can be answered or initiated using a single touch and the device is located where the driver can access it without reaching.

What if our cell phones are equipped with two-way radios, are they prohibited?
While this is slightly gray in nature, since you are still able to operate with a single touch and the device is using the internal speaker so that you do not need to simulate the traditional phone placement, this should be acceptable.

Does this apply to other devices, like our two-way radios?
No, traditional two-way radio communication is not covered by this rule.

What are the penalties?
Under the new rule, individual drivers will face civil penalties up to $2,750 for violating the rule, while employers can be held liable and fined up to $11,000 per infraction. Utilities that own a commercial fleet of trucks are urged to establish cell phone use policies and compliance plans.

So, two important take-aways:

Both employee and employer are fineable.
If you have commercial vehicles, you need to add a rule to your operating policies/compliance plans to address this rule.

The information here should not be misconstrued as legal advice.

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