Hand-held mobile telephone

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.