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No Cell Phone Use for DOT Carriers

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Old 01-14-2012 | 10:39 PM
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I drive around 140k a year in my rig and I've seen it all, but the most annoying thing is someone dragging ass in the center lane talking on the cell phone. What is it with people and they're ability to drive while talking?

I personally think it's a great idea now they could really solve they money issues in some of these states if they'd crack down on the auto drivers talking and text'n on the phone while driving.
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Old 01-15-2012 | 08:07 AM
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Been a CDL driver for more years than most of the members been alive. Trucking industry has always been a easy mark for revenue and government intervention. Why not just ban all electrical devices for motor vehicles of all type and be done with it. If you we're to go after one segment of society for something and not all they call it DISCRIMITATION !!!!!

While their at it why not eliminate eating or drinking while driving. I have spilled more mustard and ketchup on myself than dropped phone calls.

What's the difference between a CB and a phone?
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Old 01-15-2012 | 08:33 AM
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Originally Posted by bustedbrick
Bingo. I have a CDL Class A, driven plenty. No room for error with 80,000 pounds behind you. I think the law should apply to every driver. Commuting 100 miles/day, it is amazing to see how many people are spitting time between the road and their iPhone. F*^@%g dangerous.
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Old 01-15-2012 | 09:02 AM
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This dosent include CB radios or two way radios. It does include Sprint/Nextel type of two ways. You can use any type of hands free device as long as it is mounted to the dash and takes only one button to dial or activate. The phone cannot be laying on the seat beside you.

The following was sent to us and might be helpful to those that have some questions.

Ned

REMINDER:
New Hand-held Cell Phone Ban in Effect
Make sure your drivers are complying!
Official Effective Date: Tuesday, January 3, 2012
(South Carolina automatically adopts USDOT regulations by the FMCSA once they are in final form and published in the Federal Register.)
On December 2, 2011, the FMCSA and PHMSA (Pipeline and Hazardous Materials Safety Administration) published their Final Rule to restrict the use of hand-held cellular phones by commercial motor vehicles (CMVs), violation of which will subject drivers and carriers to stiff fines and penalties. This Final Rule, which goes into effect January 3, 2012, operates to amend both the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMRs). This is on the heels of FMCSAs January 2010 announcement of a Guidance to 49 CFR § 390.17 which purported to ban testing as an agency interpretation of a regulation governing equipment brought into the vehicle and last Septembers rule banning of texting by CMV drivers. Immediately after the announcement of the FMCSAs final rule, the National Transportation Safety Board called for a nationwide ban on all cell phone use in all vehicles.
VIEW A SUMMARY PAPER FROM SMITH MOORE HERE
What is the Final Rule? (View the rule in its entirety.)
Q. Which BASIC will violations fall subject?
A. Unsafe Driving BASIC Operation of commercial motor vehicles (CMVs) in a dangerous or careless manner. Example violations: speeding, reckless driving, improper lane change, and inattention. (FMCSR Parts 392 and 397)
Q: What are the fines for violating the ban?
A: Driver and motor carrier fines ($2,750 and $11,000, respectively) in the rule are the recommended maximum that the Agency can assess on any violator. States, however, may choose to set the amount of a fine at or below those levels. Additionally, as noted above, civil penalties imposed under FMCSA regulations may be adjusted based on the circumstances of the violation.
Q: What is the effective date of the Mobile Telephone rule?
A: The effective date of the rule is January 3, 2012.

Q: Are wired or wireless earpieces allowed?
A: Yes. Hands-free use of a mobile telephone is allowed using either a wired or wireless earpiece, or the speakerphone function of the mobile telephone. Wireless connection of the mobile telephone to the vehicle for hands-free operation of the telephone, which would allow the use of single-button controls on the steering wheel or dashboard, would also be allowed.

Q: Is Push-to-Talk allowed?
A: No. A drivers use of the Push-to-Talk function on a mobile telephone violates the prohibition against holding the phone. This includes the continuous holding of a button that is necessary to use a Push-to-Talk feature through a mobile telephone, even when the driver is using a connected microphone or wireless earphone.

Q: Are holders of a commercial drivers license (CDL) subject to the regulation only when driving a CMV, as defined in 49 CFR 383.5, or any vehicle?
A: CDL holders are subject to the Federal rule only when driving a CMV.

Q: What drivers are covered by the Federal rule: intrastate or interstate? CDL holders? All CMVs?
A: The rule covers both drivers of CMVs in interstate commerce and intrastate drivers who operate CMVs transporting a quantity of hazardous materials requiring placarding under 49 CFR Part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73.

If a CMV driver is employed by a State or a political subdivision of a State (e.g. county, city, township, etc.), FMCSA safety regulations do not apply, even if the driver is engaged in interstate transportation. But if a CMV driver employed by a State or a political subdivision of a State is operating a vehicle that requires a CDL, the applicable State traffic laws would govern (e.g., Marylands prohibition on the use of hand-held phones). The States have three years to implement by State law the disqualification provision.
A CMV is defined as: (§383.5 Definition) A Commercial Motor Vehicle is defined as "a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle- (1) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or (2) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or (3) Is designed to transport 16 or more passengers, including the driver; or (4) Is of any size and is used in the transportation of hazardous materials as defined in this section.

Q: What is required of the employer in terms of company policy or training?
A: The rule does not require motor carriers to establish written policies in terms of company policy or training programs for their drivers. However, employers are prohibited from allowing or requiring their drivers to use hand-held mobile phones. A motor carrier may establish policies or practices that make it clear that the employer does not require or allow hand-held mobile telephone use while driving a CMV in interstate commerce. The carrier is responsible for its drivers conduct.
SCTA NOTE: WE HIGHLY SUGGEST THAT YOU HAVE A SPECIFIC COMPANY POLICY IN PLACE NOW. See a sample policy HERE.

Q: Is dialing a phone number allowed under this rule?
A: No. Dialing a mobile telephone while operating a CMV in interstate commerce is prohibited by the rule. A driver can initiate, answer, or terminate a call by touching a single button on a mobile telephone, earpiece, steering wheel, or instrument panel comparable to using vehicle controls or instrument panel functions, such as the radio or climate control system.

Q: Can a driver reach for a mobile telephone even if he/she intends to use the hands-free function?
A: No. In order to comply with this rule, a driver must have his or her mobile telephone located where the driver is able to initiate, answer, or terminate a call by touching a single button while the driver is in the seated driving position and properly restrained by a seat belt. If the mobile telephone is not close to the driver and operable while the driver is restrained by properly installed and adjusted seat belts, then the driver is considered to be reaching for the mobile phone, which is prohibited by the rule.

Q: Are tow trucks exempt?
A: No. The interstate operation of tow trucks that meet the definition of a CMV are not exempt. Tow trucks, however, are exempt when responding to police emergencies in accordance with 49 CFR 390.23(a)(3).
FMCSA's FAQs
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Old 01-15-2012 | 09:24 AM
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Originally Posted by ROADHOG
What's the difference between a CB and a phone?
A cord
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Old 01-15-2012 | 12:02 PM
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The enforcer.
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Old 01-16-2012 | 11:18 AM
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Thanks Irish for reminding us all!
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Old 01-17-2012 | 07:31 PM
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Watch out for officer Troutly on the roads sorry old reference
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Old 01-21-2012 | 07:50 AM
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Somehow DOT now has the ability to put a small business owner out of business with an individual persons desire. This adds one more "tool" along with the rest of their redicilous over the top fines they have. We should not be responsible as working class people to fund government budgets that are apparently lacking money.

At what point has the government got so much power?
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Old 01-21-2012 | 09:55 AM
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Originally Posted by charliem
Somehow DOT now has the ability to put a small business owner out of business with an individual persons desire. This adds one more "tool" along with the rest of their redicilous over the top fines they have. We should not be responsible as working class people to fund government budgets that are apparently lacking money.

At what point has the government got so much power?
Exactly. Small trucking companies and owner operators just don't make enough revenue to support the fines and penalties given by the lawmakers. Being a owner operator, should i get stopped for cell phone use, and I personally get fined 2750.00, and my company gets fined 11,000, I AM DONE. Time to close up shop. Nevermind the overweight fee's, DOT inspections, zero tolerance CDL laws, plate and insurance costs, and maintainance bill on the Rig.

I am not a over the road guy. I do local wrecking, gravel, dirt, flatbed and what not around the chicago metropolitan area. In a 10 hour day running around the area, its not uncommon for me to pass thru 30+ local jurisdictions. From small towns, county sheriffs, state police, commerce commission, and secretary of state police, its like dodging bullets all day. They really love trucks like mine. Its not some fancy chromed out and shiny over the road rig. Its a mack usually hauling a banged up wrecking trailer or gravel dump, usually caked with mud from landfills and quarries and haul heavy. We are there bread and butter!

Its not like driving around in your car, where most of the time you need to do something in order to get stopped, like speeding, run a red light, no turn signal, etc. They are just waiting for you. Now, with the cell phone law, its even more appetizing to them!

I had a local sheriff deputy stop me a few weeks back. He told me I looked pretty heavy. I told him I was light, but he insisted i follow him to the scale a couple miles away at the landfill. Pulled on the scale, and I was 62k lbs. No where near heavy. He let me go, no questions asked, but that little stunt cost me a couple hundred bucks for the day because I could'nt make it back to get another load considering he took almost a hour out of my day. It is what it is i suppose.
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