Federal Motor Carrier Safety Administration Bans Hand Held telephones for Drivers Operating a Commercial Vehicle

The Federal Motor Carrier Safety Administration’s (FMCSA) ban on hand held cellular phones took effect Jan. 3, 2012.  Drivers operating a Commercial Motor Vehicle (CMV) (10,000 lbs GVWR or more) in interstate commerce  and drivers transporting hazardous materials who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a CMV for multiple offenses. 

Additionally, states will suspend a driver’s Commercial Driver’s License (CDL) after two or more serious traffic violations. 
 
The rule does allow for the use of hands free devices such as Bluetooth earpieces and other wired earpieces for communication provided the driver is not holding the device and the device does not require pressing more than one button to dial or answer the device.

Agriculture is not specifically exempt from this rule.  The cell phone rule applies to anyone operating a CMV in interstate commerce whether or not a CDL is required.

You are engaged in "interstate commerce" if you are hauling your production to a market within Arizona that is not an end user.

Please see the FAQ document published by FMCSA for more information on what activities are restricted. 
http://www.fmcsa.dot.gov/about/other/faq/cellphone-ban-faqs.aspx

For additional Information please contact Philip Bashaw at (480) 635-3614 or philipbashaw@azfb.org