Ban on Hand Held Cellular Phones Frequently Asked
Questions (FAQ)
Q: What is the effective date of the Mobile Telephone rule?
A: The effective date of the rule is January 3, 2012.
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.
Q: Are commercial motor vehicle (CMV) drivers allowed to use push-to-talk mobile
communications equipment while driving?
A: Yes, provided the driver does not reach for, dial, or hold the actual mobile
telephone in his/her hand while driving and the driver is able to touch the
button needed to operate the push-to-talk feature from the normal seated
position with the safety belt fastened. Generally, the use of this type of
communications equipment does not require drivers to take their eyes off of the
forward roadway because the button used to enable the driver to communicate can
be operated from the normal seated position with the safety belt fastened. For
example, if the mobile phone is mounted in a cradle or similar device near the
driver, or there is a remote push-to-talk button near the vehicle controls to
allow the driver to communicate without reaching for, dialing, or holding the
actual mobile telephone in his/her hands while driving, the equipment may be
used.
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.
Q: What drivers are covered by the Federal rule: intrastate or interstate? CDL
holders? All CMVs?
A: This Federal rule covers both, drivers of CMVs in interstate commerce, and
also any drivers who operate a vehicle 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 3 years
to implement by State law the disqualification provision.
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.
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.
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.
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 police
emergencies in accordance with 49 CFR 390.23(a)(3).
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Cable AT6538A-NE Details:
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