PART 392-DRIVING OF COMMERCIAL MOTOR VEHICLES

The authority citation for part 392 is revised to read as follows: Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; and 49 CFR 1.73. Amend § 392.80 by revising paragraph (d) to read as follows:

§ 392.80 Prohibitions against texting.

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(d) Emergency exception. Texting while driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.

Amend part 392, subpart H, by adding a new § 392.82 to read as follows:

§ 392.82 Using a hand-held mobile telephone.

(a)

(1) No driver shall use a hand-held mobile telephone while driving a CMV.

(2) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV.

(b) Definitions. For the purpose of this section only, driving 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.

(c) Emergency exception. Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services.

Source: Towing and Recovery Association of America