Q

Are commercial motor vehicle drivers allowed to talk on a cell phone while driving?

A

Truck drivers who talk on a hand-held device while driving a commercial motor vehicle (CMV) put other drivers at risk. In fact, the Federal Motor Carrier Safety Administration (FMCSA) says they are six times more likely to have a serious safety event, such as an accident, near accident, or unplanned lane departure, than drivers who do not talk on a hand-held device.

On January 3, 2012, the FMCSA ban on hand-held mobile devices for drivers of CMVs went into effect, meaning that CMV drivers may not do any of the following:

  • Reach for a mobile phone in such a way that they are no longer seated in the driving position and properly restrained by the seat belt
  • Use their hands to hold a phone and make a call
  • Dial a phone number by pressing more than one button

Instead, CMV drivers may make or take a call using the following equipment:

  • Wireless mobile phone connection, using single-button controls on the steering wheel or dash, that works in combination with the speakerphone function of the mobile phone or ear buds
  • Push-to-talk mobile communication equipment—similar in function to a walkie-talkie—that does not require the driver to reach for, hold, or dial a phone number while driving

If you have been seriously injured in an accident due to the negligent actions of a distracted truck driver, you need an experienced attorney to fight for your right to fair compensation. Contact the skilled and knowledgeable truck accident attorneys at The Fisk & Monteleone Law Firm to learn more about your legal options. The number is 888-716-7336 and the case evaluation is free.