Safety First 10: Distracted Driving

Safety First · Lesson 10 of 30 · Safe Operating Procedures
Free safety education based on the federal Entry-Level Driver Training (ELDT) theory curriculum. This is not certified ELDT training and does not count toward a CDL.

The tenth unit of the federal Class A theory curriculum is Distracted Driving. It covers the federal rules on texting and hand-held mobile phones, and the kinds of attention safe driving requires.

What this unit covers

Under 49 CFR Part 380, Appendix A, this unit covers the Federal Motor Carrier Safety Regulations on distracted driving, and related issues such as improper cell phone use, texting, and the use of in-cab technology. It refers to 49 CFR 392.80 and 49 CFR 392.82.

The unit also covers three areas:

Visual attention: keeping your eyes on the road.
Manual control: keeping your hands on the wheel.
Cognitive awareness: keeping your mind on the task and the safe operation of the commercial motor vehicle.

Who the federal rules cover. According to FMCSA, the federal texting and mobile phone rules apply to interstate truck and bus drivers and to drivers transporting placardable quantities of hazardous materials. Drivers who operate only within one state are generally covered by their state's laws.

1. No texting while driving

Under 49 CFR 392.80:

No driver may text while driving a commercial motor vehicle.
No motor carrier may allow or require its drivers to text while driving.
"Driving" means operating a commercial motor vehicle with the motor running, including while temporarily stopped because of traffic, a traffic control device, or other momentary delays. It does not include operating the vehicle, with or without the motor running, after the driver has moved it to the side of, or off, a highway and stopped where it can safely remain stationary.
Exception: texting is permitted when necessary to communicate with law enforcement officials or other emergency services.

According to FMCSA, texting means manually entering alphanumeric text into, or reading text from, an electronic device. This includes email, instant messaging, requesting access to a web page, and pressing more than a single button to start or end a voice call.

Under the definition in 49 CFR 390.5, texting does not include using a GPS or navigation system, pressing a single button to start or end a call, or using a multi-function device (such as a fleet management system, dispatching device, smartphone, CB radio, or music player) for a purpose that is not otherwise prohibited in Part 392.

2. No hand-held mobile phone use while driving

Under 49 CFR 392.82:

No driver may use a hand-held mobile telephone while driving a commercial motor vehicle.
No motor carrier may allow or require its drivers to do so.
"Driving" means operating a commercial motor vehicle on a highway, including while temporarily stopped because of traffic, a traffic control device, or other momentary delays. It does not include when the driver has moved the vehicle to the side of, or off, a highway and has stopped where the vehicle can safely remain stationary.
Exception: hand-held use is permitted when necessary to communicate with law enforcement officials or other emergency services.

What FMCSA treats as prohibited hand-held use:

using at least one hand to hold a mobile phone to make a call,
dialing a mobile phone by pressing more than a single button,
reaching for a mobile phone in a way that takes you out of a seated driving position, restrained by a seat belt.

What FMCSA describes as acceptable: a phone mounted close to the driver, so the driver can start, answer, or end a call by touching a single button, and hands-free options such as an earpiece, speakerphone, or voice-activated dialing. The phone must be usable while the driver is restrained by a properly installed and adjusted seat belt.

3. Consequences

FMCSA states that violations can bring civil penalties for drivers and for carriers that allow or require the conduct.
Under 49 CFR 383.51, a conviction for violating a state or local law that bans texting, or bans or restricts hand-held mobile phone use, while driving a commercial motor vehicle is a serious traffic violation. Two convictions for serious traffic violations of any kind, in separate incidents within three years, disqualify a driver from operating a commercial motor vehicle for 60 days. Three or more disqualify the driver for 120 days.

Quick check

What three areas does this unit cover? (Answer: visual attention, manual control, and cognitive awareness: eyes on the road, hands on the wheel, and mind on the task.)
Does the federal texting rule apply while you are stopped at a red light with the motor running? (Answer: yes. Temporary stops because of traffic or a traffic control device count as driving.)
When may a commercial driver text or use a hand-held phone while driving under these rules? (Answer: only when necessary to communicate with law enforcement officials or other emergency services. Once you have safely pulled off the highway and stopped, you are not "driving" under these rules.)

Find every Safety First lesson under DRIVE.

This lesson is general education, not legal advice. State laws on mobile phone use may add their own requirements, so confirm current rules with FMCSA and your state. Drivers getting their first Class A or Class B CDL, upgrading from Class B to Class A, or getting a hazardous materials, passenger, or school bus endorsement for the first time must, with limited exceptions, complete entry-level driver training from a provider listed on FMCSA's Training Provider Registry.

Sources

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