• 10
  • February
    2012

As of January 3, 2012, commercial drivers in Georgia and across the country can no longer legally use a hand-held cell phone while behind the wheel. The Federal Motor Carrier Safety Administration (FMCSA) created the cell phone ban to curb distracted driving and improve safety on all roadways across the United States by eliminating a common cause of truck accidents.

Many may wonder, however, what exactly the ban prohibits. Specifically, the use of a hand-held cell phone is no longer allowed. A hands-free device, however, is still allowed, which may include an earpiece for the driver or use of the phone's speakerphone capabilities. The tricky piece with the hands-free device is that a driver cannot touch or handle the phone while behind the wheel, including dialing a number to place a call.

The FMCSA specifically describes what a truck or bus driver can do while behind the wheel as follows, "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."

The same is true for push-to-talk features. They may still be used while behind the wheel, but only if the driver is not actually handling the phone while driving. The FMCSA suggests that a mounted phone that is within reach of the truck driver would be acceptable because the push-to-talk feature doesn't usually require a driver to take his or her eyes off the road.

To stay in compliance with the cell phone ban, a truck driver should never reach for his or her phone. In order to use a phone, it must be mounted or located in a place where the truck driver does not have to move from his or her spot behind the wheel nor take of his or her seatbelt.

The ban on hand-held phone use applies only to a commercial driver when he or she is in driving a commercial vehicle. While you are in your own personal vehicle, the new hand-held cell phone ban does not apply. But, beware. There may be state law prohibitions against using a cell phone to talk or text while behind the wheel as well.

The FMCSA cautions that the ban also applies to tow truck drivers unless they are responding to a police emergency.

Source: FMSCA.dot.gov, "Frequently Asked Questions (FAQ) - Ban on Hand Held Cellular Phones"