Risk Management Blog - The Presidio Group

Hand-Held Cell Phones are Dangerous…and Illegal

  

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Effective Jan. 3, 2012, the Department of Transportation prohibits commercial motor vehicle operators with interstate authority from using hand-held mobile phones.

This restriction is designed to curb distractions for commercial truck and bus drivers: Driver distractions represented 16 percent of all traffic fatalities in 2009.

Hands-Free Devices

Drivers may continue to use hands-free devices, but only if they do not cause a distraction. Points to remember:

• It is illegal to dial calls, provided dialing requires the driver to push more than one button.
• In order to answer the call, the cellular phone must be within a driver’s reach, easily accessible.
• Citizens’ Band (CB) radios, two-way radios and walkie-talkies are permitted.
• Drivers are allowed to use a hand-held mobile device in cases of emergency, so long as they are notifying law enforcement or other emergency services.
• Certain states do have outright bans on the use of mobile telephones; be aware of the laws in your area of operations.

Avoid Fines

Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense, and disqualification from operating a commercial motor vehicle for multiple offenses. Additionally, states will suspend a driver’s commercial driver’s license (CDL) after two or more serious traffic violations.