C.F.R. » Title 49 » CHAPTER III—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER B—FEDERAL MOTOR CARRIER SAFETY REGULATIONS › PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES › Subpart H—Limiting the Use of Electronic Devices

49 C.F.R. § 392.82

Using a hand-held mobile telephone

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(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.

[76 FR 75487, Dec. 2, 2011]
Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2019–2024 · leading case: Denham v. Bark River Transit, Inc. (S.D. Tex. 2019).
Sort: Relevance Newest Treatment
Denham v. Bark River Transit, Inc. (S.D. Tex. 2019). · cites it 2× “49 C.F.R. § 392.82 . Several federal district courts have concluded that evidence of cell phone use while driving a tractor-trailer is sufficient to survive summary judgment on a claim of Texas gross negligence.”
Bryson v. United States, 381 F. Supp. 3d 124 (D.D.C. 2019). “The inspector cited plaintiff and the Company for violating 49 C.F.R. § 392.82 (a) which prohibits drivers from using (and motor carriers from allowing its drivers to use) cell phones while driving a commercial motor vehicle in interstate commerce.”
Clark v. Whaley (S.D. Ohio 2022). “See 49 C.F.R. § 392.82 (“No driver shall use a hand-held mobile telephone while driving a [commercial motor vehicle].”
Timothy Mercer v. Saddle Creek Transp., Inc. & Carmen Rivera (Fla. 5th DCA 2024). “49 C.F.R. 392.82. Mercer appears to have violated this regulation.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.