New Hand-Held Cell Phone Ban in Effect

The Department of Transportation set January 3, 2012, as the effective date of the new hand-held cell phone ban for commercial motor vehicle (CMV) drivers.  The new ruling states that ANY DRIVER OPERATING A CMV is PROHIBITED from using a HAND-HELD mobile phone while the vehicle is in motion.  Drivers may utilize a Hands Free device to make or take calls while their vehicle is in motion, but are prohibited from using mobile communication devices without the use of a hands free device any time the vehicle is in motion.  Drivers are also prohibited from using mobile devices while temporarily stationary because of traffic, a traffic control device (such as a stop light or stop sign), or other momentary delays.  Hand-held cell phone use is allowed if the vehicle is moved to the side of, or off, the highway and stopped in a safe location.

If law enforcement identifies a driver using a hand-held mobile phone without a hands free device while the vehicle is in motion, the driver can be fined up to $2,750 per incident.  Two or more incidents of this nature in a rolling 12 month period would cause the driver's CDL to be suspended by the state for a minimum of 60 days.  Companies with drivers that violate the ban face penalties of up to $11,000 for each violation.