Pub2-2021-Issue3

20 Kentucky Trucker TRUESDELL’S SAFETY TIPS D oes FMCSR §392.80 or §392.82 look familiar? Hopefully not! In case you’re not familiar, §392.80 refers to the prohibition against texting while driving, and §392.82 refers to using a hand-held mobile telephone. Both regulations can be detrimental to both the driver and the carrier, as they relate directly to “Distracted Driving.” In today’s world, we sometimes have “information overload.” From scheduling delays to telemarketing calls and even a quick text to ask a simple question. Although technology keeps us much more connected to people, it can distract us from the task at hand, in this case, driving an 80,000-pound commercial vehicle. For clarification, let’s look at each regulation straight from the source: § 392.80 Prohibition against texting. (a) Prohibition. No driver shall engage in texting while driving. (b) Motor carriers. No motor carrier shall allow or require its drivers to engage in texting while driving. (c) Definition. For the purpose of this section only, driving means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle with or without the motor running when the driver moved the vehicle to the side of, or off, a highway, as defined in 49 CFR 390.5, and halted in a location where the vehicle can safely remain stationary. (d) Emergency exception. Texting while driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services. § 392.82 Using a hand-held mobile telephone. (a) (1) No driver shall use a hand- held mobile telephone while driving a CMV. By Tristan Truesdell