Scopelitis, Garvin, Light, Hanson & Feary, P.C.

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Handheld Mobile Phone Ban Goes Into Effect Today

Jan 3, 2012

As a reminder, effective today, January 3, 2012, the Federal Motor Carrier Safety Regulations (“FMCSR”) will prohibit commercial drivers from using hand-held mobile phones while operating a commercial truck or bus.  If you haven’t already and would like to purchase prepared sample notices for both employee and independent contractor drivers please contact Allison Smith at asmith@scopelitis.com

Original Transportation Law Alert sent on December 15, 2011: 

Effective January 3, 2012, the Federal Motor Carrier Safety Regulations (“FMCSR”) will prohibit commercial drivers from using hand-held mobile phones while operating a commercial truck or bus. Violations of the rule can result in fines of up to $2,750 to drivers and $11,000 to motor carriers.  Habitually offending drivers of this new rule can be disqualified from operating a CMV. This ban can also create additional hurdles for accident liability claims.   

With this fast approaching deadline, motor carriers should act quickly to ensure compliance.  To assist with this process, the Firm has prepared sample notices for both employee and independent contractor drivers.  Both of the these form are available to our clients for a flat fee of $200.  The forms achieve the goals of providing ample notice to the drivers of this change in the law and memorializing the motor carrier’s commitment to the compliance.  Also, to the extent allowed by law, the employee driver form includes a reimbursement provision for situations where a motor carrier incurs a fine because of the employee driver’s non-compliance. The independent contractor form references the independent contractor agreement indemnity language for situations where a motor carrier incurs a fine because of the independent contractor’s non-compliance.

If you would like to obtain these form, please contact Allison Smith at asmith@scopelitis.com.  Upon your request, both of these forms will be emailed to you.