The Texting and Handheld Mobile Phone Ban for CMV Drivers is the pair of FMCSA rules that prohibit commercial motor vehicle drivers from texting or holding a mobile phone while driving. Under 49 CFR 392.80 and 392.82, drivers may not text or use a hand-held phone behind the wheel, and motor carriers may not allow or require them to. Violations can bring civil penalties for both drivers and carriers and can lead to driver disqualification.
FMCSA adopted the rules because distraction research showed large increases in crash risk. According to FMCSA, the odds of a safety-critical event, such as a crash, near-crash or unintended lane departure, are 23.2 times greater for CMV drivers who text while driving than for those who do not.
What Is the CMV Texting and Mobile Phone Ban?
Both rules sit in Subpart H of Part 392, titled Limiting the Use of Electronic Devices. FMCSA published the texting rule in September 2010. The hand-held mobile phone rule, issued jointly with PHMSA, was published on December 2, 2011 and took effect January 3, 2012. The regulatory text is at 49 CFR 392.80 and 49 CFR 392.82.
What counts as texting
FMCSA's No Texting Rule fact sheet explains that texting means manually entering text into, or reading text from, an electronic device. That includes short message services, email, instant messaging, a command or request to access a web page, and pressing more than a single button to start or end a call. FMCSA states that texting on a dispatching device is indistinguishable from texting on another text-capable device and is prohibited.
What counts as using a hand-held phone
According to FMCSA's mobile phone restrictions fact sheet, using a hand-held mobile phone means:
- Holding a mobile phone with at least one hand to make a call
- Dialing by pressing more than a single button
- Reaching for a mobile phone in a way that requires the driver to leave a seated driving position restrained by a properly adjusted seat belt
Drivers may use a phone in hands-free mode, such as with an earpiece, speakerphone or voice-activated dialing, as long as the phone is close enough to reach while seated and belted and a call can be started, answered or ended with a single touch. A mounted phone is acceptable if it is mounted close to the driver.
What counts as driving
For both rules, driving includes operating a CMV while temporarily stationary because of traffic, a traffic control device or other momentary delays. Sitting at a red light or in a traffic jam is still driving. Driving does not include operating a CMV after the driver has moved it to the side of or off a highway and stopped where it can safely remain stationary.
Who Must Comply?
The Part 392 rules apply to drivers of commercial motor vehicles and the motor carriers that employ them in interstate commerce. The definition of a CMV generally includes vehicles rated or weighing 10,001 pounds or more, vehicles designed or used to carry larger numbers of passengers, and vehicles carrying placarded hazardous materials, so the rules reach non-CDL drivers of covered vehicles as well as CDL holders.
The ban also extends to intrastate drivers in two ways. PHMSA's rules at 49 CFR 177.804 apply the restrictions to drivers transporting placarded quantities of hazardous materials in intrastate and interstate commerce. In addition, convictions under state or local laws that prohibit texting or hand-held phone use while driving a CMV are disqualifying offenses for CDL holders, wherever the violation occurs.
Key Requirements
Driver prohibitions
- No texting while driving (392.80(a))
- No use of a hand-held mobile phone while driving (392.82(a))
Motor carrier prohibitions
A motor carrier may not allow or require its drivers to text or use a hand-held mobile phone while driving. Dispatch practices that expect immediate replies to messages while the truck is moving can put the carrier at risk under this provision.
Emergency exception
Both rules allow texting or hand-held phone use when necessary to communicate with law enforcement officials or other emergency services.
What is outside the rules
FMCSA's hand-held phone rulemaking explains that the mobile phone definition does not include two-way radios or Citizens Band radios, so CB use is outside the rule. Push-to-talk on a mobile phone is covered because the phone is being held.
Penalties and Disqualification
Civil penalties
When the rules were adopted, FMCSA cited maximum civil penalties of $2,750 for drivers and $11,000 for employers that allow or require prohibited use. Penalty amounts are adjusted each year for inflation in Appendix B to 49 CFR Part 386, which currently lists maximums of $4,812 for non-recordkeeping violations by drivers and $19,246 per violation for non-recordkeeping violations by carriers and other persons. Check the current Appendix B before relying on a specific figure.
Driver disqualification
Under 49 CFR 391.15(e) and (f), a driver convicted of violating 392.80(a) or 392.82(a) is disqualified from driving a CMV:
- For 60 days after a second conviction in separate incidents within any 3-year period
- For 120 days after a third or later conviction in separate incidents within any 3-year period
For CDL holders, 49 CFR 383.51 lists violating a state or local law that prohibits texting or hand-held phone use while driving a CMV as a serious traffic violation, with the same 60-day and 120-day disqualification periods for a second and third conviction within 3 years. See the CDL requirements page for how serious violations fit into CDL disqualification.
CSA impact
FMCSA notes that texting and hand-held phone violations carry the maximum severity weight in the Safety Measurement System, so a single roadside violation can have an outsized effect on a carrier's CSA results.
Why the Rules Matter
FMCSA research found that drivers who text take their eyes off the road for an average of 4.6 seconds, which at 55 miles per hour means traveling about 371 feet without looking at the roadway. Drivers who dial a phone while driving have 6 times greater odds of a safety-critical event than those who do not. A strong policy also limits the carrier's exposure if a crash occurs while a driver was on the phone.
Common Compliance Mistakes
- A policy that bans texting but says nothing about holding a phone for calls
- Assuming drivers may use a phone while stopped at a light or in traffic
- Dispatch systems or supervisors that expect replies while the vehicle is moving
- Phone mounts placed where the driver has to lean out of the belted position to reach them
- Not reviewing driving records for state texting or phone convictions that can disqualify a CDL holder
How to Comply: Step by Step
- Adopt a written policy. Prohibit texting and hand-held phone use while driving, define acceptable hands-free use and state the consequences.
- Get signed acknowledgments. Have every driver sign the policy at hire and when it changes.
- Fix dispatch practices. Make clear that drivers are not expected to read or reply to messages while driving, and set up systems that hold messages until the vehicle is parked.
- Equip vehicles. Provide mounts and hands-free devices that allow single-touch operation from a seated, belted position.
- Train drivers. Explain what counts as texting, hand-held use and driving, including stops at lights and in traffic.
- Monitor driving records. Review motor vehicle records and roadside inspection results for texting and phone violations, and remove disqualified drivers from service.
- Correct and document. Coach or discipline drivers after violations and track repeat issues as a leading indicator of crash risk.
How SMS360 Helps
The SMS360 Driver Qualification Files module keeps the records that show a fleet is enforcing its distracted driving policy. Teams can store signed policy acknowledgments and training records in each driver's file, track motor vehicle record reviews, and flag convictions that could lead to disqualification. Dashboards highlight drivers with recent violations, and corrective actions such as coaching can be assigned and tracked to completion.
Frequently Asked Questions
Can a CMV driver use a phone at a red light?
No. Both rules define driving to include being temporarily stationary because of traffic, a traffic control device or other momentary delays. The driver must pull to the side of or off the highway and stop where the vehicle can safely remain stationary before texting or holding the phone.
Is hands-free calling allowed?
Yes. Drivers may use a mobile phone in hands-free mode, such as through an earpiece, speakerphone or voice-activated dialing, if the phone is within reach while seated and belted and calls can be started, answered or ended with a single touch.
What are the penalties for violating the ban?
Drivers and carriers face civil penalties under Appendix B to 49 CFR Part 386, adjusted each year for inflation. Drivers convicted twice in 3 years are disqualified for 60 days, and three or more convictions in 3 years bring a 120-day disqualification.
Does the ban apply to intrastate drivers?
The FMCSA rules apply to interstate operations, but PHMSA applies the restrictions to intrastate drivers of placarded hazardous materials loads, and state law convictions for texting or hand-held use in a CMV count toward CDL disqualification. Many states also have their own bans that apply to all drivers.
