New Rule Prohibits Use of Cell Phones While Driving a Commercial Motor Vehicle

Concessioners should be aware that a new Federal Motor Carrier Safety Administration rule, effective January 3, 2012, restricts a Commercial Motor Vehicle (CMV) driver from holding a mobile telephone to conduct a voice communication, dialing a mobile telephone by pressing more than a single button, or reaching for a mobile phone in an unacceptable and unsafe manner (e.g. reaching for any mobile telephone on the passenger seat, under the driver's seat, or into the sleeper berth).

While FMCSA’s rule only applies to CMV’s used in interstate commerce, many states will likely adopt the rule. The National Park Service already has stringent rules regarding cell phone use in government vehicles. Park Superintendents may adopt these rules for other park operators such as concessioners as a term of their contract. Concessioners may also choose to prohibit cell phone use by its employees as an internal risk management policy.

To review the entire rule, go to: Commercial Motor Vehicle Drivers: Restricting the Use of Cellular Phones