New Federal Rules Takes Effect Prohibiting Hand Held Cellular Devices
The current federal administration is making significant changes in employment law through its rulemaking and regulatory authority rather than seeking Acts of Congress. Another example of this method of legislature-through-rulemaking is the new federal regulation taking effect on January 3, 2012 that prohibit all commercial motor vehicle drivers from using hand-held telephones while driving. The new rules provide significant penalties for drivers and employers of drivers caught violating them.
In summary, the final rule provides as follows:
- Restricts use of hand-held mobile telephone by drivers of commercial motor vehicles;
- Prohibits employers of CMV drivers from requiring or allowing drivers to use hand-held mobile telephones while driving and provides a civil monetary penalty of up to $11,000 per violation;
- Imposes new driver disqualification sanctions for drivers violating the rules, or state law equivalents, on multiple occasions;
- Requires states, within three years, to implement the new rules regarding disqualifying CDL drivers for violating the new serious traffic violation of using a hand-held mobile telephone while driving a commercial motor vehicle;
- Provides limited exceptions for communications to law enforcement personnel and emergency services;
- Applies to school bus drivers and drivers of small, passenger-carrying vehicles (designed to transport 9-15 passengers), not for direct compensation that were otherwise exempt from the Federal Motor Carrier Safety Regulations;
- Defines "use [of] a hand-held mobile telephone" to include holding, dialing and reaching in a proscribed manner to conduct voice communication;
- Includes "push-to-talk" functions within definition of hand-held mobile telephone.
If you are a CDL driver or employer of CDL drivers, you should review these regulations carefully and update your fleet management and employee handbook policies accordingly. A full copy of the final regulation can be accessed here.
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