Business Insurance

Hand held mobile phone ban

U.S. DOT Bans the Use of Hand-Held Mobile Phones Beginning January 3, 2012

No driver shall use a hand-held mobile telephone while driving a commercial motor vehicle. A commercial motor vehicle is defined by US DOT as a vehicle with a single or combined GVWR, or actual weight of over 10,000# utilized in interstate commerce.

Use of hand held mobile telephone means:
1. Using at least one hand to hold a mobile telephone to conduct a voice communication;
2. Dialing or answering a mobile telephone by pressing more than a single button, or
3. Reaching for a mobile telephone in a manner which requires a driver to maneuver so that he or she is no longer in a seated position.

Guidance:

  • This rule does not prohibit a driver from using a mounted mobile phone which can be easily accessed from the driver’s seat and activated with a single button.
  • Driving means operating a commercial vehicle while on a public road, and when stopped in traffic on such a road. Driving does not include instances when the driver is safely parked. Emergency use is permitted.
  • The term mobile telephone does not include two way or Citizen Brand Radio services, however the term mobile telephone does include mobile services which are provided for profit, have interconnected service and is available to a substantial portion of the public.

Penalty: Driver is disqualified from operating a commercial motor vehicle (CMV) for 60 days with the second offense in 3 years (120 days for each subsequent offense within 3 years). Only applies if violation occurred while driving a CMV.