The New Federal Cellular Phone Bill, effective January 3, 2012

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National  News ...
Frequently  Asked Questions - Ban on Hand Held Cellular Phones



As we reported in the December edition of Registry News and our January
5th Flash Bulletin, the Federal Motor Carrier Safety Administration adopted a
new rule which bans the use of hand-held cellular phones while driving
commercial motor vehicles.
When the phones here at MAIA started ringing off the hook and the email
traffic was like none we've ever seen, we started digging a little further on
this issue. We've included a list of FAQs published by the Federal Motor
Carrier  Safety Administration and information about penalties for violations
of this new  rule below.
FAQs:
   1.  Q: What is the effective date of the Mobile Telephone  rule?
A: The effective date of the rule is January 3,  2012.
   2.  Q: Are wired or wireless earpieces  allowed?
A: Yes. Hands-free use of a mobile telephone is  allowed using either a
wired or wireless earpiece, or the speakerphone  function of the mobile
telephone. Wireless connection of the mobile telephone  to the vehicle for
hands-free operation of the telephone, which would allow  the use of single- button
controls on the steering wheel or dashboard, would  also be allowed.
   3.  Q: Is Push-to-Talk allowed?
A: No. A  driver’s use of the Push-to-Talk function on a mobile telephone
violates the  prohibition against holding the phone. This includes the
continuous holding of  a button that is necessary to use a Push-to-Talk feature
through a mobile  telephone, even when the driver is using a connected
microphone or wireless  earphone.
   4.  Q: Are holders of a commercial driver’s license (CDL)  subject to
the regulation only when driving a CMV, as defined in 49 CFR 383.5,  or any
vehicle?
A: CDL holders are subject to the Federal  rule only when driving a CMV.
   5.  Q: What drivers are covered by the Federal rule:  intrastate or
interstate? CDL holders? All CMVs?
A: The  rule covers both drivers of CMVs in interstate commerce and
intrastate drivers  who operate CMVs transporting a quantity of hazardous materials
requiring  placarding under 49 CFR Part 172 or any quantity of a material
listed as a  select agent or toxin in 42 CFR part 73. If a CMV driver is
employed by a  State or a political subdivision of a State (e.g. county, city,
township,  etc.), FMCSA safety regulations do not apply, even if the driver
is engaged in  interstate transportation. But if a CMV driver employed by a
State or a  political subdivision of a State is operating a vehicle that
requires a CDL,  the applicable State traffic laws would govern (e.g., Maryland’
s prohibition  on the use of hand-held phones). The States have three years
to implement by  State law the disqualification provision.
   6.  Q: What is required of the employer in terms of company  policy or
training?
A: The rule does not require motor  carriers to establish written policies
in terms of company policy or training  programs for their drivers. However,
employers are prohibited from allowing or  requiring their drivers to use
hand-held mobile phones. A motor carrier may  establish policies or practices
that make it clear that the employer does not  require or allow hand-held
mobile telephone use while driving a CMV in  interstate commerce. The carrier
is responsible for its drivers’ conduct.
   7.  Q: Is dialing a phone number allowed under this  rule?
A: No. Dialing a mobile telephone while operating a  CMV in interstate
commerce is prohibited by the rule. A driver can initiate,  answer, or terminate
a call by touching a single button on a mobile telephone,  earpiece,
steering wheel, or instrument panel – comparable to using vehicle  controls or
instrument panel functions, such as the radio or climate control  system.
   8.  Q: Can a driver reach for a mobile telephone even if  he/she
intends to use the hands-free function?
A: No. In  order to comply with this rule, a driver must have his or her
mobile telephone  located where the driver is able to initiate, answer, or
terminate a call by  touching a single button while the driver is in the seated
driving position  and properly restrained by a seat belt. If the mobile
telephone is not close  to the driver and operable while the driver is
restrained by properly  installed and adjusted seat belts, then the driver is
considered to be  reaching for the mobile phone, which is prohibited by the rule.
   9.  Q: Are tow trucks exempt?
A: No. The  interstate operation of tow trucks that meet the definition of
a CMV are not  exempt. Tow trucks, however, are exempt when responding to
polic