A ticket for illegal cell phone use in a CMV can be more than inconvenient, particularly since the enactment of AB-47, Distracted Driving.

Before 1 July 2021 and the enactment of AB-47, which gave the DMV authority to assess negligent operator treatment system (NOTS) points for a second cell phone use conviction within three years of the first, sets a commercial driver’s license (CDL) holder up for a 60-day driver disqualification.

“Serious offenses require a minimum disqualification of 60 days and include the following: Violating laws relating to prohibiting texting or using a handheld mobile telephone while driving a CMV.  — FMCSA CFR 49 Part 383.51 6.2.5 Disqualification of Drivers, Driver Disqualifications.

Therefore, when the CA DMV assesses 1.5 NOTS points for a conviction/paid fine for cell phone use in a CMV, the DOT FMCSA will see that it is a second conviction within three years, which could trigger the “serious offense” and a 60-day driver disqualification.  

How many fleet managers will leave a seat open for the disqualified driver? Plus, the serious offense will be recorded on the driver’s pre-employment screening program (PSP) record, making it more difficult to get a driver’s position with a high-paying firm.

The commercial driver may have to accept a low-paying position with a fleet or become an independent trucker with higher insurance costs(if they have the means to buy their own truck).

How to Prevent the Second Cell Phone Use in a CMV Ticket 

Using a cell phone built into an electronic logging device (ELD), one that’s part of the trucks’ communication system, or a mounted cell phone that can be operated with a single finger swipe is the best method to avoid a cell phone ticket in CA.

“A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.” — Paragraph (a) CA Vehicle Code (CVC) 23123.5, Driving Offenses.

Many commercial drivers stuck in traffic believe they can take that opportunity to call home and check in with their partners. However, you must be off the road to legally use a hand-held device in CA.

Avoiding a second conviction and a driver disqualification might require a commercial driver to consult a CA traffic attorney for every cell phone use ticket. Since there is no way of knowing which ticket might be easier to get a dismissal or reduced charge, it is wise to consult an attorney and follow their counsel. 

Though there are no guarantees, if you never have a first conviction — you’ll never have to worry about a second.  

Consult Bigger & Harman When You Are Issued a Cell Phone Use in a CMV Ticket in Roseville, CA

When you require resolution of an illegal cell phone use in a CMV ticket in Roseville Traffic Court, contact Bigger & Harman for legal advice at (661) 349-9300 or email attorney@biggerharmanlaw.com.

Use the convenient online contact form, and send an image of your citation with a brief summary. 

Download our e-book, Protecting Your Commercial Driver License. 

Se habla Español (661) 349-9755.

References:

The DMV Portal CA Commercial Driver Handbook.

The FMCSA CFR 49 Part 383.51, Driver Disqualifications.

CVC Section 23123.5, Driving Offenses.

AB-47, Distracted Driving.