What is considered "driving a CMV" when prohibited from using a hand held mobile telephone?
What is considered "driving a CMV" when prohibited from using a hand held mobile telephone?
In accordance with the Federal Motor Carrier Safety Administration's (FMCSA) regulation 383.51(c)(10), "driving for the purpose of this disqualification, means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary."
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- Are wired or wireless earpieces allowed?
- Are CMV drivers allowed to use push-to-talk mobile communications equipment while driving?
- Are holders of a commercial driver's license (CDL) subject to the regulation only when driving a CMV, as defined in 49 CFR 383.5, or any vehicle?
- What drivers are covered by the federal rule? Drivers who operate a CMV intrastate or interstate? Drivers who hold a CDL? Or is it operation of all CMVs?
- What is required of the employer in terms of company policy or training?
- Is dialing a phone number allowed under this rule?
- Can a driver reach for a mobile telephone even if he/she intends to use the hands-free function?
- Are tow trucks exempt?
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