The Department of Transportation recently announced a final rule restricting the use of hand-held mobile telephones by commercial motor vehicle (CMV) drivers operating in interstate commerce. Specifically, this rule prohibits a CMV driver from reaching for, holding, and dialing a mobile telephone in order to conduct a voice communication while driving. Use of compliant mobile telephones (e.g., hands-free) is still allowed.
States that issue Commercial Drivers Licenses (CDLs) will enforce the new serious traffic violation of using a hand-held mobile telephone while driving a CMV. For CMV drivers operating in interstate commerce, the rule disqualifies drivers convicted of using a hand-held telephone. After the first conviction, a driver will face a civil penalty; the second conviction within 3 years of the first results in a 60 day disqualification in addition to a civil penalty. The disqualification period doubles if a driver is convicted a third time within the 3 year period. In limited cases of emergency, CMV drivers can use their hand-held mobile phones to communicate with law enforcement officers.
NLA polled its membership on this issue at the time DOT initiated rulemaking on hand held cell phone use and a manual texting ban for CMVs. At the time, the vast majority of NLA membership banned both practices. The reasons stated were either safety related or to provide an interference-free experience for passengers. Members urged NLA to insist that DOT did not allow the rulemaking to impact the electronic dispatch devices that some operators use and DOT has respected that request. To read the entire notice of the final rule, click here <http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/Mobile_phone_NFRM.aspx> .