Is Your Driver Dialing? Final DOT Rules on Mobile Phones

The United States Department of Transportation recently issued a final rule restricting the use of hand-held mobile telephones by commercial motor vehicle drivers. The rule prohibits commercial motor vehicle drivers from holding or dialing a hand-held cellular telephone while driving. In addition, the rule prohibits reaching for a device in an “unacceptable and unsafe manner.” Violations may result in fines in amounts up to $2,750 for violating drivers and $11,000 for drivers’ employers.

As written, this new rule applies only to interstate commercial motor vehicles and intrastate hazmat drivers. Nonetheless, states are required to adopt these final regulations within three years. Upon doing so, the rule and its penalties will apply to all intrastate, non-hazmat commercial motor vehicle drivers.

Employers wishing to reduce the risk of substantial fines should consider adopting new or modifying existing cell-phone policies. These policies should make it clear that the employer does not require or allow the use of hand-held mobile telephones during the operation of commercial motor vehicles.

If you have questions regarding the new rules, please contact David Campbell at (614) 462-2204 or david.campbell@icemiller.com or any member of Ice Miller’s Labor and Employment Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.