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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
