FMCSA Addresses Hand-Held Phone Use

Effective Jan. 3, 2012, the Federal Motor Carrier Safety Administration (FMCSA) has issued a final rule prohibiting hand-held cell phone use while operating commercial vehicles.

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. While this appears to exempt a number of NEPPA members’ employees, we also felt it was important to inform you of this new rule.

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. 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 is located where the driver can access it without reaching.

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.

This information should not be misconstrued as legal advice. Affected parties should examine the text of the rule for compliance.