Can Truckers Use Cell Phones?

The use of cell phones by truck drivers is a significant safety concern, leading to strict regulations at both the federal and state levels. Given the sheer size and weight of commercial trucks, any momentary distraction can lead to catastrophic accidents. To reduce distracted driving, federal agencies have implemented stringent rules, while states, including Texas, have additional regulations that truck drivers must follow.

Federal Regulations on Cell Phone Use for Truck Drivers

The Federal Motor Carrier Safety Administration (FMCSA), which oversees commercial motor vehicle (CMV) safety regulations, enforces strict rules regarding cell phone use for truck drivers. These rules apply to all drivers operating CMVs involved in interstate commerce.

FMCSA Cell Phone Restrictions for CMV Drivers

Since January 3rd, 2012, FMCSA regulations prohibit CMV drivers from:

• Holding a mobile device to make or receive a call while driving.
• Pressing more than one button to dial a phone number.
• Reaching for a mobile device in a way that requires them to move out of their seated driving position.

These restrictions mean truck drivers can only use hands-free devices that are located close to them, allowing them to initiate and receive calls without removing their hands from the wheel or eyes from the road.

What Qualifies as a Legal Cell Phone Use Under FMCSA Regulations?

• A hands-free phone system that is operable using voice commands or a single touch.
• An earpiece or speakerphone function that does not require holding the phone.
• A phone mounted within close proximity to the driver’s reach without requiring them to move excessively.

Penalties for Violating FMCSA Cell Phone Rules

CMV drivers caught violating these rules face severe penalties, including:

• Fines of up to $2,750 per offense for drivers.
• Fines of up to $11,000 per offense for trucking companies that allow or require drivers to use hand-held devices while operating CMVs.
• Disqualification from driving a CMV for repeat violations.
• Impact on a driver’s safety record and carrier’s Safety Measurement System (SMS) rating, which can result in increased insurance premiums and regulatory scrutiny.

These rules apply to all commercial truck drivers operating in the United States, regardless of whether they are driving across state lines or within a single state.

Texas State Laws on Cell Phone Use for Truck Drivers

Texas law also restricts cell phone use while driving, with specific rules that apply to both commercial and non-commercial drivers. The Texas Transportation Code and other regulations govern the use of mobile devices, reinforcing federal laws while adding state-specific provisions.

General Cell Phone Restrictions for All Texas Drivers

• Texting while driving is illegal for all drivers in Texas. This includes sending, reading, or writing messages while operating a motor vehicle.
• Drivers under 18 are prohibited from using cell phones (even in hands-free mode).
• Handheld device use is banned in school zones unless the vehicle is stopped.
• School bus drivers cannot use a cell phone if children are present in the vehicle.

Texas Laws for Truck Drivers and CMV Operators

In addition to the FMCSA rules, Texas enforces further restrictions on commercial truck drivers:

• Handheld cell phone use is prohibited for CMV drivers while operating their vehicles.
• Employers are prohibited from requiring or encouraging truckers to use handheld devices while driving.
• Drivers who violate cell phone laws in Texas can face fines and penalties, which can escalate if distracted driving leads to an accident.

Are There Any Exceptions for Truck Drivers?

Texas law, like FMCSA regulations, does allow limited exceptions for truckers using mobile devices in specific situations, such as:

• Using a hands-free device (such as a Bluetooth headset or an in-dash system).
• Reporting an emergency to law enforcement or emergency services.
• Communicating with dispatch via pre-approved in-vehicle communication systems.

Based on this, it’s crucial for truck drivers to remember that even hands-free devices can still contribute to cognitive distraction, which can impair their ability to react quickly to road hazards.

The Dangers of Cell Phone Use While Driving a Truck

While federal and state laws attempt to curb distracted driving, the risks of using a cell phone while operating an 18-wheeler remain significant. Studies have shown that using a mobile device while driving a truck can be just as dangerous as driving under the influence of alcohol.

• Increased reaction time: Dialing a number or reading a message takes a driver's eyes off the road for several seconds. At highway speeds, even a momentary distraction can result in traveling the length of a football field without looking at the road.
  
• Reduced situational awareness: Using a phone—even in hands-free mode—can cause cognitive distraction, preventing a driver from processing important road information like traffic signals, speed limits, and nearby vehicles.
  
• Higher risk of catastrophic crashes: Trucks are significantly larger and heavier than passenger vehicles, meaning that any delayed reaction time can lead to severe or fatal collisions.
  
• Legal and financial consequences: A trucker caught violating cell phone laws may face fines, license suspension, and termination of employment. Pertaining to this, trucking companies can be held liable for accidents caused by distracted driving, leading to costly lawsuits and settlements.

What Should Truck Drivers Do to Stay Compliant?

To comply with federal and Texas state laws and minimize the risk of distracted driving accidents, truck drivers should adopt the following best practices:

• Use only hands-free devices and ensure that they are set up before starting the trip.
• Avoid lengthy or complex phone conversations while driving, as they can still be mentally distracting.
• Pull over safely before making or answering important calls.
• Use dispatch communication systems that comply with FMCSA regulations.
  Follow employer policies regarding mobile device use while operating company vehicles.

Trucking companies should also enforce strict policies that prohibit handheld phone use and provide drivers with adequate training on distracted driving prevention.

Legal Consequences of Cell Phone Use in Trucking Accidents

When a truck driver causes an accident due to illegal cell phone use, they and their employer can face serious legal consequences, including:

• Personal injury or wrongful death lawsuits: Victims of truck accidents can sue the driver and the trucking company for damages such as medical expenses, lost wages, pain and suffering, and funeral costs.
• Federal and state penalties: Trucking companies may be fined for allowing drivers to violate FMCSA and Texas laws.
• Criminal charges: In cases involving fatalities, a distracted truck driver may be charged with vehicular manslaughter or reckless driving, leading to potential jail time.
• Employment termination: Many trucking companies have zero-tolerance policies for cell phone violations and may terminate a driver who is caught using a handheld device while driving.

Get Our Proven Texas Truck Accident Attorneys on Your Side

If you or a loved one has been injured in a truck accident caused by a distracted truck driver, you may be entitled to compensation. Trucking companies and insurance providers will attempt to minimize their liability, which makes it important to have an experienced truck accident lawyer on your side.

At Trust Guss Injury Lawyers, our Texas truck accident attorneys have the knowledge and resources to hold negligent truck drivers and their employers accountable. We thoroughly investigate the accident, gather critical evidence, and fight to recover the maximum financial compensation you are owed. To schedule your free consultation, call us 24/7 at 888-298-4070 or contact us online.