Transportation 66

The FMSCA substantially adopted its proposed rules regarding the ban on handheld mobile phone use for Commercial Motor Vehicle (“CMV”) drivers. (See 9/23/11 post entitled “The National Transportation Safety Board's Recommendation on Cellular Phone Use”).  The final rule essentially restricts a CMV driver from holding, reaching, or dialing a mobile phone while driving.  However, mobile devices that allow drivers to talk “hands-free” are permissible under some circumstances.  Violations of the rule can result in fines to both drivers and motor carriers ($2,750 and $11,000, respectively).  Additionally, habitually offending drivers can be disqualified from operating a CMV.  The rule will go into effect 30 days after it is published in the Federal Register.