NCDMV CDL Handbook
Commercial Driver’s License Manual – 2005 CDL Testing System
2.9.4 – Cell/Mobile Phones
Note that hands-free devices are no less likely than hand-held cell phones to cause you to become distracted. Attention is diverted from the driving task while using either device.
49 CFR Part 383, 384, 390, 391 and 392 of the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) restricts the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs); and implements new driver disqualification sanctions for drivers of CMVs who fail to comply with this Federal restriction; or who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that restricts the use of hand-held mobile telephones. Additionally, motor carriers are prohibited from requiring or allowing drivers of CMVs to use hand-held mobile telephones. The use of hand-held mobile telephones means, ‘‘using at least one hand to hold a mobile telephone to conduct a voice communicat ion; “dialing a mobile telephone by pressing more than a single button”; or “moving from a seated driving position while restrained by a seat belt to reach for a mobile telephone”. If you choose to use a mobile phone while operating a CMV, you may only use a hands free mobile phone that is located close to you and that can be operated in compliance with the rule to conduct a voice communication. Your CDL will be disqualified after two or more convictions of any state law on hand-held mobile telephone use while operating a CMV. Disqualification is 60 days for the second offense within 3 years and 120 days for three or more offenses within 3 years. In addition, the first and each subsequent violation of such a prohibition are subject to civil penalties imposed on such drivers, in an amount up to $2,750. Motor carriers must not allow nor require drivers to use a hand-held mobile telephone while driving. Employers may also be subject to civil penalties in an amount up to $11,000. There is an emergency exception that allows you to use your hand-held mobile telephones if necessary to communicate with law enforcement officials or other emergency services. Research shows that the odds of being involved in a safety-critical event (e.g., crash, near-crash, unintentional lane deviation) is 6 times greater for CMV drivers who engage in dialing a mobile telephone while driving than for those who do not. Dialing drivers took their eyes off the forward roadway for an average of 3.8 seconds. At 55 mph (or 80.7 feet per second), this equates to a driver traveling 306 feet, the approximate length of a football field, without looking at the roadway. Your primary responsibility is to operate a motor vehicle safely. To do this, you must focus your full attention on the driving task.
2 .9.5 – Texting
49 CFR Part 383, 384, 390, 391, 392, the Federal Motor Carrier Safety Regulations (FMCSR) prohibits texting by commercial motor vehicle (CMV) drivers while operating in interstate commerce; and implements new driver disqualification sanctions for drivers of CMVs who fail to comply with this Federal prohibition; or who have multiple convictions for violating a State or local law or ordinance on motor vehicle traffic control that prohibits texting while driving. Additionally, motor carriers are prohibited from requiring or allowing their drivers to engage in texting while driving. Texting means manually entering text into, or reading text from, an electronic device. This includes, but is not limited to, short message service, e-mailing, instant messaging, a command or request to access a World Wide Web page, or engaging in any other form of electronic text retrieval or entry, for present or future communication. Electronic device includes, but is not limited to, a cellular telephone; personal digital assistant; pager; computer; or any other device used to enter, write, send, receive, or read text. Your CDL will be disqualified after two or more convictions of any state law on texting while operating a CMV. Disqualification is 60 days for the second offense within 3 years and 120 days for three or more offenses within 3 years. In addition, the first and each subsequent violation of such a prohibition are subject to civil penalties imposed on such drivers, in an amount up to $2,750. No motor carrier shall allow or require its drivers to engage in texting while driving. There is an emergency exception that allows you text if necessary to communicate with law enforcement officials or other emergency services. Evidence suggests that text messaging is even riskier than talking on a cell phone because it requires you to look at a small screen and manipulate the keypad with one’s hands. Texting is the most alarming distraction because it involves both physical and mental distraction simultaneously. Research shows that the odds of being involved in a safety-critical event (e.g., crash, near-crash, unintentional lane deviation) is 23.2 times greater for CMV drivers who engage in texting while driving
Section 2 – Driving Safely
Page 2-22
Version: July 2017
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