Can you please explain?
Answer: Yes there was a change. As of January 3, 2012, it is illegal for anyone driving a commercial vehicle [CMV] to use a hand-held mobile phone. Minnesota State Statute 221.0314 subdivision 6 adopted the Federal regulation below:
49 CFR § 392.82 Using a hand-held mobile telephone.
(a) (1) No driver shall use a hand-held mobile telephone while driving a CMV.
(2) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV.
(b) Definitions. For the purpose of this section only, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
(c) Emergency exception. Using a hand-held mobile telephone is permissible by drivers of a CMV when necessary to communicate with law enforcement officials or other emergency services.
*Note: Subdivision (a) (2) Motor Carriers cannot allow or require use of hand held mobile telephones while driving a CMV; they could be subject to up to $11,000 in civil penalties if not complied with.
Hands free cell use is allowed using an earpiece or speaker phone function on the mobile telephone. This will often require preparation prior to driving.
Use of a hand held mobile phone means using at least one hand to operate and hold the device, dialing by pressing more than one button and/or reaching or moving so as the driver is no longer appropriately positioned in the driver’s seat to drive.
Driving using a hand held mobile device is considered a serious traffic violation that would result in a CDL driver being disqualified. States will suspend the driver’s CDL after two or more violations. Penalties for conviction of this offense will be CDL disqualification: 60 days for a second offense within three years and 120 days for three or more offenses within 3 years. In addition, the first and each subsequent violation are subject to civil penalties in amounts up to $2750.
Research shows that it is 6 times more likely for a commercial vehicle driver to be involved in a safety-critical event when dialing a mobile phone than those who do not. These drivers took their eyes off the road for an average of 3.8 seconds. At 55 mph, 80.7 feet per second, they traveled 306 feet – a football field- without looking at the forward roadway. [FMCSA -2009- Document no. FMCSA-RRR-09-042)]
For more information go to the Federal Motor Carrier Safety Administration website: www.fmcsa.dot.gov.
If you have any questions concerning traffic related laws or issues in Minnesota send your questions to Trp. Jesse Grabow – Minnesota State Patrol at 1000 Highway 10 West, Detroit Lakes, MN 56501-2205. (Or reach him at, jesse.grabow@state.mn.us)