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Cell phones and texting: federal rules and penalties

General Knowledge4 minManual section 2.9.4–2.9.5

Federal rules limit how a CMV driver may use a phone and ban texting while driving. You must know the exact definitions, the penalties for drivers and carriers, and the one exception.

The hand-held phone rule

The Federal Motor Carrier Safety Regulations (FMCSRs, 49 CFR Parts 383, 384, 390, 391 and 392) and the Hazardous Materials Regulations (HMR) restrict hand-held mobile phone use by CMV drivers. They also set disqualification penalties for drivers who break this rule, or who are convicted more than once under a state or local law against hand-held phone use.

Motor carriers (employers) may not require or allow their drivers to use hand-held phones while driving.

"Using a hand-held mobile telephone" means any of these:

  • Holding the phone with at least one hand to talk.
  • Dialing by pressing more than one button.
  • Moving out of your seated driving position, while wearing your seat belt, to reach for the phone.

If you choose to use a phone while driving a CMV, you may only use a hands-free phone that is close to you and can be used within the rule. But remember: hands-free is not less distracting than hand-held. Your first duty is to drive safely with your full attention.

The texting ban

The FMCSRs (49 CFR Parts 383, 384, 390, 391, 392) prohibit texting by CMV drivers operating in interstate commerce, set disqualification penalties for drivers who break it or are convicted more than once under a state or local texting law, and forbid motor carriers from requiring or allowing drivers to text while driving.

Texting means typing text into, or reading text from, an electronic device. It includes, but is not limited to: short message service (SMS), e-mail, instant messaging, a command or request to open a web page, or any other electronic text entry or retrieval, for now or for later communication.

An electronic device includes, but is not limited to: a cell phone, a personal digital assistant (PDA), a pager, a computer, or any other device you can use to type, send, get or read written messages.

Penalties and the emergency exception

The penalties are the same for hand-held phone use and for texting:

  • Your CDL is disqualified after two or more convictions of any state law on the offense while driving a CMV.
  • Second offense within 3 years: 60 days disqualification.
  • Third or more offenses within 3 years: 120 days disqualification.
  • Drivers: the first and every later violation can bring a civil penalty of up to $2,750.
  • Employers (motor carriers) that allow or require it: civil penalties of up to $11,000.

Exception: you may use a hand-held phone, or text, when it is necessary to communicate with law enforcement or other emergency services.

Why it is so dangerous: eyes off the road

  • Dialing: CMV drivers who dial while driving are 6 times more likely to have a safety-critical event (crash, near-crash, or drifting out of the lane by accident). Dialing takes the eyes off the road for an average of 3.8 seconds. At 55 mph (80.7 feet per second) that is about 306 feet, nearly a football field, driven blind.
  • Texting: CMV drivers who text are 23.2 times more likely to have a safety-critical event. Sending or reading a text takes the eyes off the road for about 4.6 seconds, about 371 feet at 55 mph, the length of a whole football field.

Texting is the most alarming distraction because it is physical and mental at the same time: you look at a small screen and work the keys with your hands. It is even riskier than talking on the phone.

References and scope

The topic reference is listed below. Sources support verification; the lesson itself is here. The current content needs technical and language review before public launch.

Manual reference: 2.9.4–2.9.5

Official CDL handbook · Utah ↗StatesOur editorial approach

Put it into practice

Educational questions with explanations. The answer review also works without the interactive quiz.

Preparing your questions…

Review questions with answers

  1. Under federal rules, which of these counts as "using a hand-held mobile telephone"?
    1. Answering a call with one voice command
    2. Using a hands-free phone mounted close to you
    3. Dialing by pressing more than a single button
    4. Pulling off the road and parking to make a call
    Show answer
    Dialing by pressing more than a single button

    Hand-held use includes holding the phone to talk, dialing by pressing more than one button, or moving out of your belted seated position to reach the phone.

  2. While belted in, you lean out of your seated driving position to grab your phone so you can use its speaker. Under the rule this is:
    1. A violation, because reaching out of position counts as hand-held use
    2. Legal, because you plan to use the speaker
    3. Legal if you do it at low speed
    4. Legal if the call is under one minute
    Show answer
    A violation, because reaching out of position counts as hand-held use

    Moving from a seated, belted driving position to reach for a phone counts as hand-held use, even if you plan to use hands-free.

  3. If you choose to use a phone while driving a CMV, you may only use:
    1. A phone held between your ear and shoulder
    2. A phone you dial with your thumb
    3. A phone in the sleeper berth
    4. A hands-free phone located close to you
    Show answer
    A hands-free phone located close to you

    You may only use a hands-free phone close to you that can be operated within the rule.

  4. How long is the CDL disqualification for a SECOND hand-held phone violation within 3 years?
    1. 30 days
    2. 60 days
    3. 120 days
    4. 1 year
    Show answer
    60 days

    A second offense within 3 years brings a 60-day disqualification; a third or later offense within 3 years brings 120 days.

  5. A driver is convicted of texting while driving a CMV for the third time in 3 years. The disqualification is:
    1. 60 days
    2. 90 days
    3. 120 days
    4. Lifetime
    Show answer
    120 days

    Three or more texting offenses within 3 years bring a 120-day disqualification.

  6. What is the maximum civil penalty a DRIVER can face for each hand-held phone or texting violation?
    1. $2,750
    2. $1,000
    3. $11,000
    4. $500
    Show answer
    $2,750

    Drivers can face civil penalties of up to $2,750 for the first and each later violation.

  7. An employer that allows or requires its drivers to use hand-held phones while driving may face civil penalties of up to:
    1. $2,750
    2. $5,000
    3. $1,100
    4. $11,000
    Show answer
    $11,000

    Motor carriers may be subject to civil penalties of up to $11,000.

  8. When may a CMV driver use a hand-held phone while driving?
    1. When traffic is stopped
    2. When it is necessary to communicate with law enforcement or emergency services
    3. When calling the dispatcher
    4. When the call lasts less than 30 seconds
    Show answer
    When it is necessary to communicate with law enforcement or emergency services

    The only exception is when needed to contact law enforcement officials or other emergency services.

  9. CMV drivers who dial a phone while driving are about how many times more likely to be in a safety-critical event?
    1. 2 times
    2. 23 times
    3. 6 times
    4. 39 times
    Show answer
    6 times

    Dialing raises the odds of a crash, near-crash or unintended lane departure about 6 times.

  10. Texting while driving makes a CMV driver about how many times more likely to be in a safety-critical event?
    1. 23.2 times
    2. 6 times
    3. 3.8 times
    4. 2 times
    Show answer
    23.2 times

    Texting raises the odds about 23.2 times compared with drivers who do not text.

  11. Sending or reading a text takes your eyes off the road for about 4.6 seconds. At 55 mph, how far do you travel?
    1. About 80 feet
    2. About 150 feet
    3. About 1,000 feet
    4. About 371 feet
    Show answer
    About 371 feet

    At 55 mph (about 80.7 ft per second), 4.6 seconds is about 371 feet, the length of a football field.

  12. On average, how long do dialing drivers take their eyes off the road?
    1. 1 second
    2. 3.8 seconds
    3. 4.6 seconds
    4. 10 seconds
    Show answer
    3.8 seconds

    Dialing drivers looked away for about 3.8 seconds, about 306 feet at 55 mph.

  13. Why is texting considered the most alarming distraction?
    1. It is the most common distraction
    2. It only affects new drivers
    3. It involves physical and mental distraction at the same time
    4. It is legal in some vehicles
    Show answer
    It involves physical and mental distraction at the same time

    Texting requires looking at a small screen and using your hands, so it is both physical and mental distraction at once.

  14. Under the federal definition, which of these counts as texting?
    1. Requesting a web page or reading an e-mail on a device
    2. Talking on a hands-free phone
    3. Using a single button to answer a call
    4. Listening to a GPS voice direction
    Show answer
    Requesting a web page or reading an e-mail on a device

    Texting includes manually entering or reading text: SMS, e-mail, instant messages, or a command to access a web page.

  15. Can a motor carrier allow its drivers to text while driving if the messages are about work?
    1. Yes, if the messages are short
    2. Yes, on rural roads only
    3. Yes, if the driver has a clean record
    4. No, carriers may not allow or require drivers to text while driving
    Show answer
    No, carriers may not allow or require drivers to text while driving

    No motor carrier may allow or require its drivers to text while driving.

  16. Hands-free devices are no less likely than hand-held phones to distract you. True or False?
    1. True
    2. False
    Show answer
    True

    True. Attention is pulled away from driving with either device.

  17. Your CDL will be disqualified after how many convictions of a state law on hand-held phone use while driving a CMV?
    1. One conviction
    2. Two or more convictions
    3. Three or more convictions only
    4. Five convictions
    Show answer
    Two or more convictions

    Disqualification starts after two or more convictions; the first violation can still bring a civil penalty.