Effective January 1, 2012, FMCSR has adopted new regulations regarding commercial drivers and cell phone use. Be advised that should you be observed using a cell phone while operating a commercial vehicle, the fine is $2,750.00!

If you should be "caught" twice, your commercial license will be suspended. Of course, without a license, you cannot work.

On a different note, you may not be aware that you, as an individual, can and frequently are included in any litigation stemming from any accidents you may be involved in. Recently, one of our members was involved in a relatively minor accident, however the persons involved have included him, his family, and his personal wealth in the litigation. The first act of the claimants lawyer was to subpoena our drivers cell phone records. Even though blue tooth technology is technically legal, imagine the implications of his cell phone records had they indicated he was utilizing his cell phone at the time of the accident!

I cannot stress the urgency of turning the phone off, or at least resisting the temptation to answer the ring. When we utilize blue tooth, many of us set the phone up to automatically answer while others will hit the connect button out of reflex. That very act puts you at risk. We never know who is calling. In our case, until recently it has often been dispatch calling us. With the fine to carriers allowing you to use your phone being up to $11,000.00, I suspect dispatch is being very careful about when they call you!

It is however, up to you to make sure you aren't in violation. This will be especially difficult for those of you whom your cell phone is your only phone. You're going to have to rely on voice mail to keep your personal business until you are relieved of duty to deal with it. Also, be aware that in many locales, such as California, stopping on the road side to take a call can also get you a ticket! It's never legal to stop on the freeway, so get off the road completely, legally parked with engine off and vehicle secured before using your cell phone!