Commercial Motor Vehicle Cell Phone and Distracted Driving Policy

This policy establishes rules for the safe use of cell phones and other mobile devices by employees who operate commercial motor vehicles (CMVs), including commercial passenger vehicles. The purpose is to prevent distracted driving, reduce crash risk, and ensure compliance with FMCSA requirements, including 49 CFR § 392.80 and 49 CFR § 392.82.

This policy applies to all policy holders, employees, temporary workers, contractors, and any other person operating a CMV on behalf of the company.

Applicable jurisdictions: United States.

Applicable roles: CMV drivers, passenger vehicle operators, dispatchers, and supervisors who assign or monitor driving duties.

California employees: This policy does not replace any stricter state or local distracted-driving requirements. Where state law is more restrictive, the stricter rule applies.

• Commercial motor vehicle (CMV): A vehicle subject to FMCSA safety regulations.
• Hand-held mobile telephone use: Holding a mobile phone to make or receive a call, or otherwise using the device with one or both hands while driving.
• Texting: Reading, typing, or sending text messages, emails, instant messages, or similar electronic communications while driving.
• Driving: Operating a CMV on a roadway, including while stopped in traffic, at a light, or on the shoulder, except when the vehicle is safely parked.
• Hands-free device: A device or system that allows communication without holding the phone, consistent with FMCSA requirements.
• Reasonable accommodation: A workplace adjustment requested through the interactive process for a disability, where the accommodation does not create an undue hardship or compromise safety.

1. No texting while driving. Drivers must not read, type, or send text messages, emails, or other electronic communications while operating a CMV.
2. No hand-held phone use while driving. Drivers must not hold a mobile phone to make or receive calls, dial, answer, or otherwise use the device while driving.
3. Limited hands-free use only. Hands-free communication may be allowed only if it complies with FMCSA rules, can be initiated without holding the device, and does not interfere with safe vehicle operation or the driver’s full attention.
4. Safety first. Drivers must pull over to a safe location and place the vehicle in a secure parked condition before using a mobile device for any non-emergency purpose.
5. No exception for convenience. Work-related urgency, dispatch pressure, customer requests, or schedule demands do not excuse a violation of this policy.
6. Emergency situations. A driver may use a phone to contact emergency services when necessary to protect life or property, provided the use is limited to the emergency need and does not create an unsafe condition.

Required driver actions

• Before starting a trip, set the phone to do-not-disturb or another safe mode when feasible.
• Mount or store devices so they do not require hand-held use while the vehicle is in motion.
• Use voice-activated or single-button hands-free features only when permitted by law and safe to do so.
• Stop in a safe, legal location before making calls, checking messages, or entering directions.

Reporting and documentation

• Drivers must immediately report any cell phone or distracted driving incident, citation, crash, near-miss, or safety complaint to their supervisor.
• Supervisors must document the event, preserve relevant records, and notify HR, Safety, or Compliance as appropriate.
• The company may review telematics, dash camera footage, phone logs, witness statements, and other lawful records during an investigation.

Investigation process

• The company will conduct a good-faith investigation of alleged violations.
• The driver may be interviewed and given an opportunity to explain the circumstances.
• If a safety concern is substantiated, the company may remove the driver from driving duties pending review.

Reasonable accommodation and leave

• Drivers who need a device-related accommodation because of a disability must request assistance through the interactive process.
• The company will evaluate reasonable accommodation requests consistent with the ADA and applicable law, provided the accommodation does not eliminate an essential function or create an undue safety risk.

• Drivers / policy holders: Follow all device restrictions, report incidents promptly, and cooperate with investigations.
• Supervisors / dispatch: Do not pressure drivers to communicate in ways that violate this policy; reinforce safe communication expectations and route urgent messages through safe channels.
• Safety / Compliance: Train drivers, monitor compliance, investigate violations, and maintain records.
• HR: Coordinate discipline, accommodation requests, and employee acknowledgements.
• Management: Support enforcement and ensure operational practices do not encourage distracted driving.

Violations of this policy may result in one or more of the following, depending on severity, prior history, and applicable law:

• verbal or written counseling;
• documented warning;
• removal from driving duties;
• retraining or corrective action plan;
• performance improvement plan (PIP) where appropriate;
• suspension;
• termination of employment or contract.

Serious violations, including texting while driving, repeated handheld phone use, falsification of records, or conduct that creates an immediate safety risk, may result in immediate removal from service and further disciplinary action.

Nothing in this policy limits employee rights under the NLRA to engage in protected concerted activity, or any rights provided by applicable law.

This policy will be reviewed at least annually and updated as needed to reflect changes in FMCSA requirements, state law, company operations, or safety best practices. Revisions must be approved by HR, Safety, and Compliance before publication.