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Distracted driving is a serious issue. One of the more prominent distractions for drivers is cell phone use, referenced in the Federal Motor Carrier Safety Regulations (FMCSRs) as use of a hand-held mobile telephone. A driver is banned from use of a hand-held mobile telephone while behind the wheel of a commercial motor vehicle (CMV).
Scope
This regulation applies to drivers of CMVs in interstate commerce and the motor carriers of these drivers.
Regulatory citations
- 49 CFR 392.82 — Using a hand-held mobile telephone
Key definitions
- Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
- Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
- Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
- Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
- Is transporting hazardous materials of a type or quantity which requires placarding.
- Driving: Operating a CMV on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a CMV when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
- Electronic device: Includes (but is not limited to) a:
- Cellular telephone;
- Personal digital assistant;
- Pager;
- Computer; or
- Any other device used to input, write, send, receive, or read text.
- Mobile telephone: A mobile communication device that falls under or uses any commercial mobile radio service as defined in 47 CFR 20.3. It does not include two-way or Citizens Band (CB) Radio services.
Summary of requirements
Drivers must not use a hand-held mobile telephone while driving and a motor carrier must not allow or require its drivers to use a hand-held mobile telephone while driving.
Use of a hand-held mobile telephone includes:
- Using at least one hand to hold a mobile telephone to conduct voice communication;
- Dialing or answering a mobile telephone by pressing more than a single button; or
- Reaching for a mobile telephone in a manner that requires a driver to maneuver so he/she is no longer in a seated driving position, restrained by a seat belt.
Exceptions. Using a hand-held mobile telephone is allowed when necessary to communicate with law enforcement officials or other emergency services.