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CSAHand Held Cell Phone Ban

 Hand Held Cell Phone Use Banned!

 

Cell PhoneInterstate truck and bus drivers are prohibited from using handheld cell phones while driving as of Jan. 3, 2012. The Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materi-als Safety Administration recently passed the new regulation.

 

Drivers will face federal civil penalties of up to $2,750 for each offense and disqualification for multiple offenses.

States may suspend a driver's commercial license for multiple convictions of state or local cell phone violations.

 

In addition, companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000. Some 4 million commercial drivers are affected by this final rule, according to the agencies.

 

FMCSA said research shows that using a hand-held cell phone while driving requires a commercial driver to take several risky steps beyond what is required for using a hands-free phone, such as reach-ing for the phone.

Drivers reaching for an object are three times more likely to be involved in a safety-critical event, the data shows. And dialing a cell phone increases the risk to six times.

 

Every Driver, Every Day

 

As you go about your day, ensure that you discuss these topics with each driver, each day. Ensure that you take a minute to discuss the hazards of the job with each driver. Whether it's in person or on the phone.



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Frequently Asked Questions

 

Q: What is the effective date of the Mobile Telephone rule?
A: The effective date of the rule is January 3, 2012.

 

Q: Are wired or wireless earpieces allowed?
A: Yes. Hands-free use of a mobile telephone is allowed using either a wired or wireless earpiece, or the speakerphone function of the mobile telephone. Wireless connection of the mobile telephone to the vehicle for hands-free operation of the telephone, which would allow the use of single-button controls on the steering wheel or dashboard, would also be allowed.

 

Q: Is Push-to-Talk allowed?
A: No. A driver's use of the Push-to-Talk function on a mobile telephone violates the prohibition against holding the phone. This includes the continuous holding of a button that is necessary to use a Push-to-Talk feature through a mobile telephone, even when the driver is using a connected microphone or wireless earphone.

 

Q: Are holders of a commercial driver's license (CDL) subject to the regulation only when driving a CMV, as defined in 49 CFR 383.5, or any vehicle?
A: CDL holders are subject to the Federal rule only when driving a CMV.

 

Q: What drivers are covered by the Federal rule: intrastate or interstate? CDL holders? All CMVs?
A: The rule covers both drivers of CMVs in interstate commerce and intrastate drivers who operate CMVs transporting a quantity of hazardous materials requiring placarding under 49 CFR Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.

 

If a CMV driver is employed by a State or a political subdivision of a State (e.g. county, city, township, etc.), FMCSA safety regulations do not apply, even if the driver is engaged in interstate transportation. But if a CMV driver employed by a State or a political subdivision of a State is operating a vehicle that requires a CDL, the applicable State traffic laws would govern (e.g., Maryland's prohibition on the use of hand-held phones). The States have three years to implement by State law the disqualification provision.