Operating a commercial vehicle on the I-5 through Stanislaus County, CA requires absolute focus. This interstate is a vital north-south artery for freight moving from Mexico to Canada. 

However, a cell phone violation can jeopardize your career. Law enforcement officers near Modesto, CA, are vigilant about illegal cell phone use and distracted driving.

The Real Risks of Cell Phone Use & Driving Distracted

Driving a heavy rig safely requires your total focus. 

All seasoned commercial drivers know this; however, it may be hard to overcome the temptation to call home while stalled in traffic or at a red light. Even picking up a handheld device when on the roadway is a cell phone violation. 

Resist the temptation and save it until you’re safely parked. 

A fully loaded 80,000-pound truck traveling at 55 mph requires a total stopping distance of roughly two football fields. According to the NHTSA, checking for and sending a text while driving could distract the driver for 3.8 seconds. 

“According to the National Highway Traffic Safety Administration (NHTSA) and other safety organizations, checking or sending a text takes your eyes off the road for an average of 3.8 seconds. At 55 mph, this is equivalent to driving the length of a football field with your eyes closed.”—The NHTSA article, Driving Distracted.

Accidents on I-5 in Stanislaus County, CA, can happen quickly. Even a brief glance at a screen to check a text creates extreme risk. You must stay attentive to protect your livelihood and the safety of others.

“No Call, No Text, No Ticket!”—The FMCSA Fact Sheet.

Violation vs. Conviction: Know the Difference

Drivers need to distinguish between a violation and a conviction, particularly in CA, where a second conviction leads to DMV NOTS points within 3 years of the first. 

A violation is simply an allegation made by an officer on a citation. Often, commercial drivers are able to avoid a conviction by disputing the ticket rather than pleading guilty and paying the fine. When there are no NOTS points, the DMV does not notify the DOT FMCSA.  

When the DMV assesses 1.5 NOTS points, they send a notification to the FMCSA. Every cell phone violation that leads to a conviction in a CMV is a “serious offense” at the FMCSA.

Understanding What Constitutes a Cell Phone Violation in CA

Although the FMCSA California law and FMCSA regulations regarding handheld devices are nearly identical. The FMCSA allows states to apply their laws and traffic codes. 

In CA, these rules apply even when you are stopped at red lights or stuck in heavy traffic on the I-5. To remain compliant, drivers must follow these standards:

• Use a properly mounted hands-free setup.
• Limit interaction to a single button press or swipe to access services on a mounted phone or a device that is part of the vehicle’s communication system.
• Never unbuckle your seatbelt to reach for a device. 
• Wait until you are legally parked to pick up or hold a device.

The legal consequences for a second conviction in CA are outlined in AB-47, Distracted Driving:

“Notwithstanding subdivision (f) of Section 12810, a violation point shall be given only for a conviction of a violation of subdivision (a) of Section 23123, subdivision (a) of Section 23123.5, or subdivision (b) of Section 23124, occurring on or after July 1, 2021, that occurs within 36 months of a prior conviction for the same offense.”

At the FMCSA, a civil fine of “…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.” 

However, these penalties are generally reserved for serious violations that result in collisions with fatalities. 

But most commercial drivers cannot afford to take a two-month unpaid vacation, the result of a second conviction for distracted driving. 

Penalties for a DOT FMCSA Serious Offense

Not only is cell phone use in a CMV dangerous, but a paid fine or conviction is also a DOT FMCSA “serious offense.” 

A second conviction or paid fine in California is assessed 1.5 NOTS points by the DMV, and a notification is sent to the FMCSA. The commercial drivers' best option to avoid a second conviction might be to dispute every ticket in court with the assistance of a CA CDL traffic attorney. 

A second paid fine or conviction of a “serious offense” within three years results in a minimum 60-day FMCSA driver disqualification. 

The DMV forwards the conviction to the FMCSA, which applies CSA points to your PSP. 

Under the new system, where Out-of-Service (OOS) Orders, serious and major offenses are assigned two CSA severity points, this “demerit” is the highest point assessment. It is filed in the Unsafe Driving paragraph of the new Compliance Categories (formerly BASICs) and on the driver's PSP for up to three years.

California Vehicle Code (VC) Section 23123.5 states:

“A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”

Consult Bigger & Harman About Cell Phone Violations & Distracted Driving in a CMV

If you face an illegal use of a cell phone violation in Stanislaus County, CA, do not just pay the fine without consulting a CDL traffic attorney. 

Paying is an admission of guilt that triggers DOT FMCSA penalties. We represent commercial drivers to protect their livelihoods and help them achieve possible results. 

If you’re cited for a moving violation that needs resolution in Modesto Courthouse in Stanislaus County, call us at (661) 349-9300—859-1177 para Español.

You can also email attorney@biggerharmanlaw.com or use our secure website contact form for a free initial consultation today.

Download our e-book, Protecting Your Commercial Driver License.

❓ Frequently Asked Questions (FAQ) Section

Q: What qualifies as a cell phone violation for a trucker?

A: The violation is the same as for a noncommercial driver, though the penalties are steeper. A driver cannot hold or use a handheld phone that is not mounted within easy reach of the driver to operate with the swipe of a single finger. 

Q: What happens after a second paid fine within three years?

A: For the CDL holder, the DMV notifies the FMCSA of any points assessed for a moving violation. At the FMCSA, this “serious offense” results in a 60-day driver disqualification. Even though the first violation was not in a truck, a suspension could still be given if another violation is given in a truck. 

Q: How many CSA severity points are assessed for a cell phone or mobile phone use violation conviction?

A: Under the revised CSA/SMS methodology, an illegal mobile phone use conviction is assessed two CSA severity points because it is a “serious offense.”  

References:

CA VC Section 12810.5, Negligent Operator Actions, 23123.5, Driving Offenses & AB-47, Distracted Driving.

The DOT FMCSA Mobile Phone Restrictions Fact Sheet.

The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.