Hand-Held Cell Phone Use by Commercial Motor Vehicle Drivers Now Prohibited
January 4, 2012
The Federal Motor Carrier Safety Administration (FMCSA) issued a new rule, effective, Jan. 3, 2012, prohibiting interstate commercial motor vehicle (CMV) drivers from using hand-held cell phones while driving.
These drivers are banned from holding, dialing or reaching for a hand-held cell phone. While using a phone with push-to-talk capabilities is not allowed, hands-free set-ups can be. Using CBs and two-way radios is also allowed.
Companies allowing employee drivers to operate hand-held cell phones while driving will face a maximum penalty of $11,000. Individual employees can face up to $2750 in federal civil penalties for each offense. The U.S. Department of Transportation estimates that about 4 million drivers will be affected.
The U.S. Department of Transportation has published a list of frequently asked questions at http://www.fmcsa.dot.gov/about/other/faq/cellphone-ban-faqs.aspx.
Minnesota Statute 221.0314 subd. 6 adopts part 392 of the federal regulations. This means the new rule, using a hand held mobile telephone, will also apply to intrastate CMV drivers.





