Earlier this week IFCA reported the announcement of USDOT's cell phone ban regulation.  The rule was published in the Federal Register on December 2, 2011 making the rule effective January 3, 2012.  The regulation applies to commercial motor vehicle operators engaged in interstate commerce as well as intrastate haulers of placarded hazardous materials such as anhydrous ammonia.  The regulation specifically states, no driver shall use a hand-held mobile telephone while driving a Commercial Motor Vehicle (CMV) and no motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV. 

 

USDOT defines the use of a hand-held mobile telephone as:

 

1.  Using at least one hand to hold a mobile telephone to conduct 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 that requires a driver to maneuver so that he

     or she is no longer in a seated driving position 

 

Mobile phones with a push-to-talk feature are not considered compliant hands-free mobile phone devices.  USDOT considers a phone with push-to-talk features the same as a mobile telephone because the driver or user must hold the phone to use it.  Therefore, use of push-to-talk features on a hand-held mobile phone is strictly prohibited.  USDOT states push-to-talk features of a mobile phone can be replaced with the use of a compliant hands-free mobile telephone, two-way radio, CB radio, or walkie talkies.

 

The regulation is also very clear in that motor carriers must have in place a company policy or practice that makes clear a motor carrier does not allow or require hand-held mobile phone use while driving.  Motor carriers are ultimately responsible for the actions of their drivers.  If it is company policy to purchase mobile telephones for their CMV drivers or haulers of placarded hazardous materials, it is the responsibility of the company to make sure phones are compliant hands-free mobile phones by January 3, 2012.   Fines for non-compliance with this regulation can be as much as $2,750 per violation for drivers and up to $11,000 per violation for a carrier that allows or requires drivers to engage in the use of non-compliant communication devices while operating a CMV.  If you have any questions regarding this regulation, please contact Kevin at the IFCA office.