Using a hand-held mobile telephone while operating a CMV is a “serious offense” at the FMCSA.
Federal law and California law closely align on this issue, and both can impact a driver’s record, CSA score, and career.
Although the fine for either a first or subsequent offense is generally an inconvenience, the consequences for a second offense for a commercial driver can threaten their career and livelihood.
What Does “Using a Hand-Held Mobile Telephone While Operating a CMV” Mean?
The FMCSA defines “using a hand-held mobile telephone” in very specific terms.
It includes holding the phone to talk, reading or sending texts, dialing or answering with more than a one-button press or swipe, or reaching for the phone in a way that requires leaving a seated, restrained position that might require removing the seatbelt.
That means even picking it up to grab your logbook could look like a violation. We’ve seen drivers ticketed when LEOs spotted the bright glow of a phone screen at night in Santa Barbara County, or when the driver had it pressed to their ear at a traffic light.
Don’t be complacent by thinking that because you’re so high above traffic that a CCTV camera or law enforcement officer (LEO) won’t see you. Is it worth jeopardizing your career over a five-second text?
Your phone can wait—safety can’t.
How Convictions Affect Your CDL
A second conviction under the amendment to CA Vehicle Code (VC) 23123.5, AB-47, Distracted Driving, is treated as a moving violation for CDL holders.
The DMV assesses 1.5 NOTS points and notifies the DOT FMCSA. Commercial drivers must report convictions to employers within 30 days, whether in their privately-owned vehicle or CMV. You could avoid this with an acquittal.
Even one conviction can raise red flags with fleet managers. Carriers worry about CSA severity points, DOT inspections, and SMS scores. Some fleets will terminate drivers with repeat moving violations.
The scar on your Pre-employment Screening Program (PSP) record will remain for three years, and fleet recruiters must consider the PSP before hiring.
Federal Law and Penalties
The federal statute, 49 CFR 392.82(a), makes it unlawful for drivers to use of a hand-held device while driving a CMV, or carriers to allow it.
The FMCSA can impose civil penalties of up to $2,750 for drivers and $11,000 for carriers. While those civil penalties are rare, it is possible. Why risk it?
“Using a hand-held mobile phone while driving a CMV can result in a driver disqualification. Penalties can be up to $2,750 for drivers and up to $11,000 for employers who allow or require drivers to use a hand-held communications device while driving.”—The DOT FMCSA Mobile Phone Restrictions Fact Sheet.
Broader Than Texting Laws
Texting while driving is banned under 49 CFR 392.80, Prohibition Against Texting. But the hand-held phone law is broader.
“No commercial drivershall engage in texting while driving. Textingwhile driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.”—Cornell Law School Legal Information Institute (LII).
Officers don’t need proof you were talking—they can issue a ticket if you’re holding the phone.
Even when stopped in traffic or at a red light coming off Highway 101 at the intersection of Betteravia Road, for instance, in Santa Barbara County, with a phone in hand, could trigger a citation.
There is always a high number of law enforcement officers at this intersection since it is the site of many collisions over the years.
However, these citations can often be overturned by careful judges who examine the facts if presented properly.
Using a hand-held cell phone is generally permissible in an emergency. Just because you were ticketed, does not make you guilty. Don’t just plead guilty by paying the fine. It could threaten your driving career and hamper your ability to negotiate better pay and benefits.
Employer & DMV Notifications
CDL holders cannot hide the conviction.
California’s Employer Pull Notice (EPN) program alerts carriers of driver records annually. A second conviction within three years can bring a minimum 60-day FMCSA disqualification. That’s a career-ending risk for many drivers.
Why Fighting the Ticket Matters
Once the DMV notifies the FMCSA, the record of conviction is filed in your PSP.
The carrier’s CSA severity points, SMS percentile, and your PSP record all take a hit.
A dismissal or reduction to a no-point or alternate violation with no points could avoid these consequences. That’s why drivers should never pay the fine without talking to a CDL traffic attorney.
Consult Bigger & Harman About Using a Cell Phone While Driving a CMV
We help truckers in Santa Barbara County fight tickets for using a cell phone while driving a CMV.
This is a serious offense according to the FMCSA. A second conviction within three years could mean a minimum 60-day driver disqualification. When the DMV notifies the FMCSA, your job may be at risk.
If you’ve been accused of using a hand-held mobile telephone while operating a CMV, don’t risk your career. Call Bigger & Harman, APC at (661) 349-9300 or 349-9755 (se habla Español).
You can also email us at mailto:attorney@biggerharmanlaw.com or use our website contact form.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: What Is the fine for using a hand-held mobile telephone while operating a CMV?
A: The fine in California is approximately $150 with surcharges, assessments, and penalties for a first conviction or approximately $260 for a second or subsequent ticket. However, for a commercial driver, the CSA severity points and time-weights, could impact their career. Plus, it’s a “serious offense” at the FMCSA, which could lead to a civil penalty of up to $2,750 (though it’s rare). A second conviction in three years will result in a 60-day FMCSA disqualification.
Q: What if I was just holding my phone at a stoplight?
A: Officers may still issue a ticket. It’s then up to the court. An experienced CDL traffic attorney can make the officer jump through hoops and still give you a reasonable chance at a dismissal.
Q: Do I have to tell my employer if I get a ticket?
A: CDL holders must report convictions for all moving violations in writing, but not tickets. Winning in court avoids reporting.
References:
CA VC Section 23123.5, Driving Offenses & AB-47, Distracted Driving.
The DOT FMCSA Mobile Phone Restrictions Fact Sheet.
The DMV Portal CA Commercial Driver Handbook.
The Employer Pull Notice (EPN) Program website.
The DOT FMCSA 49 CFR Part 383.31, Paragraph 6.2.7, Notifying Employer of Convictions.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.