Restricting the Use of Cellular Phones in the Cab
November 28, 2011On Wednesday, November 23, 2011, U.S. Transportation Secretary Ray LaHood announced a final rule specifically prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicles. This is the final publishing of a rule that had been in a proposed state for all of 2011, with the final rule keeping a great majority of the proposed rulemaking language. After the rule appears in the Federal Register, it will be active 30 days from its publication date – likely January 1, 2012.
What this means for operators of CMVs:
• You can use a mobile device, but it must be in a hands-free mode. This can be either a speakerphone or connected headset.
• Reaching and dialing a phone is considered the most dangerous activity. Drivers can use one button dialing, and keeping the phone in a place that is easily accessible to prevent reaching.
• Drivers can still use Citizen Band (CB) Radios.
• Drivers can still use dispatching and fleet management devices, however these do fall under previously issued texting rules.
• Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense, and disqualification from operating a commercial motor vehicle for multiple offenses.
• Commercial truck and bus companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000.
What this means if you are a Xata customer or considering Xata solutions:
• Mobile phones are not banned in the cab – hands-free mobile usage is allowed, and phones can be in the cab.
• Xata Turnpike requires no interaction while the vehicle is in motion. Logins, inspections and duty status changes must be completed while the vehicle is stationary. Once your day is started, you don’t need to access the device till you log off.
• Firms should have a mobile phone usage policy that addresses appropriate use of a mobile device.
• Firms should consider an active hands-free mobile phone use compliance tool, such as ZoomSafer, to further lock down the phone based on a company’s acceptable use policy.
This rule should help commercial vehicle operators stay focused on the road, while still allowing drivers to use devices in a safe, hands-free, manner. The FMCSA addressed many of the concerns from the NPRM and has struck a workable balance between productivity and safety.



