New Cell Phone rules

[Monty]

From Landstar:

49 CFR 392.82
Effective 1/3/2012, no driver shall use a hand-held mobile telephone while driving a commercial motor vehicle.

No motor carrier shall allow its drivers to use a hand-held mobile telephone while driving a commercial motor vehicle

Cell Phone Do & Don’ts

CANNOT
 Cannot talk on hand held cell phone while driving
 Cannot punch/dial numbers
 Cannot talk on hand held while stopped in traffic or other delays
 Cannot hold cell phone while truck in operation

CAN

 Can talk on hands free phone
 Can push one button to dial with hands free
o Can only push one button to initiate call
o Can only push one button to terminate call
o Cannot reach for cell phone in a manner that requires movement from seated driving position
 Can talk on CB
 Can use a GPS or other navigation system
 Can use other systems such as music players/dispatching devices, etc
 Can talk on hand held cell phone when safely parked off the road and not moving
 In emergency, can use hand held to contact emergency services only

Other Info

 Non-compliance will result in “serious” violation

 Two “serious” violations as defined in Table 2 of 49 FMCSR 383.51 will result in disqualification of CDL for 60 days

 Violation will result in 30 CSA points (10 points x 3)

 Federal civil penalties up to $2,750 for operator violating rule
 Federal civil penalties up to $11,000 for carriers violating rule

 

[TeamCaffee]

Thank you for sharing the list! I will be working on getting speed dial as well as voice recognition working on my phone.

 

[Rocketman]

Thank you for sharing the list! I will be working on getting speed dial as well as voice recognition working on my phone.

Thats what we all have to do, for sure.

This rule won't effect me too much, but I do have to push more than one button to make a call. The rest I'm probably good with. Just need to get the voice recognition set up.

Is this rule in effect now? if not, when?

 

[greg334]

Thanks for posting this, for some of us who don't have internet explorer or MS windows, we don't get to the LSonline site much.

I think this should have been sent to all BCOs via the mail and broad-casted on the Qualcomm too.

So a couple things that come to mind.

First is the fine, how do they levy a federal fine without a federal officer being involved? The fine can't be an automatic fine seeing that there has to be some sort of proof involved.

The second is the CSA thing, doesn't that only happen during an inspection? So what is the determining factor in how the points are assessed? If a regular cop gives me a ticket for a light out, according to the FMCSA that does not get applied to my CSA score but if it is done during an inspection, it does - so this would have to be the same thing.

The third thing is this idea you can't use the phone while stopped in traffic, what does that mean? It stinks of ambiguity if you think about it - my parking brake is set on the GWB because nothing is moving and hasn't for the last twenty minutes so I can't use a handheld? Even with the safely parked explanation, it seems that it is one of these "open to interpretation" things and may be an issue like the EOBR thing.

The fourth thing is "Can use other systems such as music players/dispatching devices"? What does this mean? Can I type on my qualcomm unit while driving? Can I read my qualcomm unit while driving in a congested area in a snow storm?

The fifth thing is for LS, are you now going to give us a number that goes directly into operations instead of "push ONE for ... " seeing we can't push one and when we get an operator, many times we end up with BCO something or another people?

 

[OntarioVanMan]

What a load of unenforcable crap! The officer is down there and you are way up there...how are they going to even see if you are typing....I can see a lot of burn phones pay as you go, being bought...one for business and one for personal use....

 

[tknight]

I can see this being added to the level ll dot inspection, " may I see your cell phone and blue tooth please, so I can check your texting records?

tk

 

[OntarioVanMan]

I can see this being added to the level ll dot inspection, " may I see your cell phone and blue tooth please, so I can check your texting records?

tk

Yep Blue tooth has no memory and hand them the business burn phone ...no problem

 

[BigCat]

I can see this being added to the level ll dot inspection, " may I see your cell phone and blue tooth please, so I can check your texting records?

tk

My iPhone is password protected so they can't get in to it. I don't have to share my password as a security measure.