What does the hand-held mobile phone ban require under 49 CFR 392.82?

Short answer

The hand-held mobile phone ban under 49 CFR 392.82 prohibits drivers from using a hand-held mobile telephone while driving a commercial motor vehicle (CMV) and prohibits motor carriers from allowing or requiring their drivers to do so. There is an exception for emergency situations.

The rule says

"No driver shall use a hand-held mobile telephone while driving a CMV." (49 CFR 392.82(a)(1))

"No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV." (49 CFR 392.82(a)(2))

"Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services." (49 CFR 392.82(c))

In plain English

This rule is straightforward: drivers of commercial vehicles cannot use hand-held phones while driving, and their employers cannot tell them to. The only exception is in emergency situations, like calling the police. This rule is meant to reduce distracted driving and improve safety on the roads. Inspectors will check for compliance during audits and roadside inspections, and drivers can face disqualification for repeated violations.

What to do

• Develop a company policy that prohibits the use of hand-held mobile phones while driving
• Train drivers on the policy and the risks of distracted driving
• Implement a system to monitor and enforce compliance with the policy
• Ensure that all drivers understand the emergency exception and how to use it properly