One of the Top Three Reasons You Will be Pulled Over: Talking on Cell Phone While Driving

Wednesday, March 7, 2018

Two specific sections of the Federal Motor Carrier Safety Regulations (FMCSRs) prohibit CMV drivers from using hand-held phones and texting while driving. The following bullets are derived from FMCSR 392.80, Prohibition against texting, and 392.82, Using a hand-held mobile telephone --

• Don’t text while driving.

• Don’t use your hand-held mobile telephone while driving.

• Driving includes operating a CMV with the motor running while temporarily stationary because of traffic, a traffic control device, or other momentary delays.

• Driving does not include operating a CMV with or without the motor running when the vehicle has been moved to the side of, or off, a highway, and halted in a location where the vehicle can safely remain stationary.

The FMCSRs also ban the use of radar detectors in CMVs and prohibit driving CMVs equipped with a radar detector.

For NLBMDA's guidance on the use of cell phones, see NLBMDA Issue Briefing: DOT Final Rule Restricting the Use of Cellular Phones by Commercial Motor Vehicle (CMV) Drivers.

Also posted at our Regulatory Affairs Transportation Page: FMCSA's No Texting Rule Fact Sheet, and FMCSA's Mobile Phone Restrictions Fact Sheet.
NLBMDA 3/7/2018

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