Commercial Motor Vehicle Handheld Mobile Phone Ban

Effective January 3, 2012, the Federal Motor Carrier Safety Regulations (“FMCSR”) will prohibit commercial drivers from using hand-held mobile phones while operating a commercial truck or bus. Violations of the rule can result in fines of up to $2,750 to drivers and $11,000 to motor carriers.  Habitually offending drivers of this new rule can be disqualified from operating a CMV.  

This new regulation presents challenges for accident defense.  Make certain you have a written and distributed policy statement, that this topic is covered in safety meetings, and that all supervisors are as aware of the law as you and your drivers.