Distracted driving and texting while driving a CMV are significant causes of accidents and traffic tickets for commercial vehicles.
Distracted driving involves any activity that takes a driver's attention off the road, such as texting, using a handheld phone, or eating/drinking.
However, in this blog post, we’ll concentrate on the DOT FMCSA “serious offense” of texting while driving a commercial motor vehicle (CMV).
A second conviction within three years will result in an FMCSA driver’s disqualification of at least 60 days. Repeated offenses could lead to a lifetime ban from interstate cargo or passenger transportation.
When facing a citation for texting while driving a CMV, commercial drivers must act quickly.
In Roseville, CA, a single ticket can threaten your career and your income. Our law firm understands these risks and works to protect commercial drivers from long-term damage.
🚫 California Law on Handheld Devices in a CMV
California Vehicle Code (VC) Section 23123.5, Driving Offenses, bans handheld phone use while driving, which includes texting, scrolling, or holding a device while operating your truck.
AB-47, Distracted Driving, requires the CA DMV to assess 1.5 negligent operator treatment system (NOTS) points for commercial drivers convicted of a second illegal cell phone use violation within three years of the first after 1 July 2021.
Even sitting at a red light on I-80 in Roseville counts as driving—if you’re not parked, handheld use, including texting, violates the law.
Only three exceptions exist:
- Your phone must be mounted for single-swipe use
- They must be operated hands-free by voice or as a part of the vehicle’s communication system.
- For emergency use, such as to dial 911.
⚠️ Paying the Fine Is Not the Easy Option It Appears to Be
Paying the fine for texting while driving a CMV looks simply, but it’s not. It creates a record that follows you with the DMV and FMCSA.
A second paid fine or conviction within three years adds 1.5 NOTS points to your record, and the DMV will notify the FMCSA of convictions by a commercial driver’s license (CDL) holder.
The FMCSA will assess Compliance, Safety, and Accountability (CSA) severity points, which will appear on the CDL holder’s Pre-Employment Screening Program (PSP).
A second conviction and notification within three years leads to FMCSA disqualification. That could sideline you from interstate commercial driving for 60 days.
📑 FMCSA Rules and Serious Offenses
The FMCSA treats texting while driving a CMV or the illegal use of a handheld device as a “serious offense.”
These penalties escalate quickly with repeat violations.
- First offense: $150 fine.
- Second offense: $260 fine, 1.5 NOTS points, FMCSA notice.
- Second conviction in three years: 60-day driver disqualification.
- Third conviction: 120-day disqualification.
- Fourth: One-year driver’s disqualification.
- Fifth: Lifetime ban from interstate transport of cargo or passengers..
Carriers rarely keep drivers who face disqualification. Many carriers replace suspended drivers instead of waiting months for their return.
🛠️ Smart Ways to Protect Your CDL
Avoid the first ticket if possible—mount your phone correctly and use voice-activated systems.
If you already have a citation, don’t panic. Our attorneys defend CDL drivers in Placer County traffic courts.
We know how these charges unfold on Interstate 80 in Roseville. Our firm has defended many commercial drivers in Placer County courts.
Contact Bigger & Harman About a Texting While Driving a CMV Ticket
Texting while driving a CMV is not just a traffic issue—it is a serious offense at the FMCSA that can derail your career.
An FMCSA notification of a second conviction could trigger a driver disqualification.
Call Bigger & Harman about a complimentary initial consultation for commercial drivers in Roseville Courthouse in Placer County. We know the courts and what it takes to fight these tickets.
Call Bigger & Harman, APC, at (661) 349-9300 today. Se habla Español at (661) 349-9755.
We’ll appear in court for you while you keep hauling freight.
You can also email attorney@biggerharmanlaw.com or use our website's contact form for a free initial consultation.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: Why is texting while driving a CMV so serious?
A: The average time it takes to read or send a text is five seconds, and the stopping distance for an 80,000-pound commercial vehicle is much longer than a smaller vehicle. Plus, the FMCSA considers it a “serious offense” with driver disqualification penalties.
Q: Can a CDL traffic attorney fight a texting while driving or cell phone use ticket?
A: An attorney can contest evidence, request dismissal, or request an alternate charge to prevent a driver’s disqualification.
Q: How do California violations impact my PSP?
A: When the CA DMV is notified of a CDL holder’s conviction or paid fine, they must notify the DOT FMCSA. The FMCSA will assess Compliance, Safety, and Accountability (CSA) severity points, which will remain on the driver’s PSP for three years and the carrier’s DataQ System record for two years.
References:
The DMV Portal: CA Commercial Driver’s Handbook.pdf.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CA VC 23123.5, Driving Offenses and AB-47, Distracted Driving.
The DOT FMCSA Mobile Phone Restrictions Fact Sheet.