The consequences of cell phone use in a CMV go beyond financial penalties—it’s crucial to recognize that safety is the primary reason for cracking down on distracted driving.
Cell Phone Use and Distracted Driving
Distracted driving, particularly involving cell phones, puts everyone at risk.
A second paid fine or conviction of cell phone use in a CMV can lead to severe consequences for commercial drivers, including fines and points on your record.
California’s DMV will assess 1.5 negligent operator treatment system (NOTS) points for a second violation by a commercial driver in a CMV. These NOTS points will remain on your driving record for three years, whether in a CMV or your personal vehicle.
Once the DOT FMCSA learns of the infraction from the DMV, they will assess Compliance, Safety, and Accountability (CSA) severity points and file the record in your Pre-employment Screening Program (PSP) record, and the carrier’s Safety Measurement System (SMS) record.
The carrier’s fleet insurance is affected by the SMS percentile, which includes all accidents and moving violations by drivers using their DOT number.
Preventing Cell Phone Use Violations
To avoid being cited for cell phone use in a CMV, consider these preventive strategies:
Hands-free options: Always use hands-free devices like the electronic log device (ELD), onboard communication system, or mount your phone within reach. Use a single finger to activate it and use voice commands to minimize distractions.
Turn off notifications: Disabling call and text alerts while driving helps prevent temptation.
Pull over safely: If you need to use your phone for an extended period, pull off the road safely.
By prioritizing these safe driving habits, you can significantly reduce the risk of receiving a ticket for cell phone use in a CMV.
Why An Illegal Cell Phone Use in a CMV Conviction Matters
Before 1 July 2021, cell phone use in a CMV, commercial motor vehicle, meant the driver would pay a small fine but would never face an MVR point. It wasn’t considered a moving violation. Therefore, there wasn’t an assessment of negligent operator treatment system (NOTS) points for the offense.
However, since the enactment of AB-47, Distracted Driving, an amendment to CA Vehicle Code (VC) Section 23123.5,Driving Offenses, the DMV is authorized to assess 1.5 NOTS points for a second and subsequent cell phone use ticket in a CMV within three years of the first.
“This bill would instead make only those electronic device violations that occur within 36 months, beginning July 1, 2021, of a prior conviction for the same offense subject to a violation point against the driver’s record.”—AB-47,Distracted Driving.
One issue is that it won’t matter if you get that second cell phone use ticket in your personal vehicle or your CMV. A paid fine is maintained on your CA motor vehicle driving record (MVR) for 36 months, regardless of which vehicle you were driving.
However, a more concerning problem for commercial drivers is that the DOT FMCSA considers illegal cell phone use in a CMV a “serious offense.”
A second serious offense by a commercial driver will result in a 60-day driver disqualification. Additional convictions within three years of the first will result in longer periods of disqualification.
Why Hire a CDL Traffic Ticket Attorney to Resolve Cell Phone Use Tickets
If you're cited for cell phone use in a CMV in Stockton, CA, consulting a CDL traffic ticket attorney is essential for even the first, since the first could be easier to get dismissed.
A conviction will impact your PSP record, driving history, and job prospects. If you’re terminated from your current driving position, future carriers must consider your PSP before hiring, which could affect your ability to negotiate pay and benefits—if they hire you.
A knowledgeable attorney can represent you in court, potentially reduce penalties, negotiate a non-moving violation, and help protect your CDL and livelihood. Legal representation ensures you're not fighting these charges alone.
Always consult a CA traffic attorney before paying the fine for illegal cell phone use.
Consult Bigger & Harman About a Cell Use in a CMV Ticket in Stockton, CA
If you’ve received a ticket for cell phone use in a CMV that must be resolved in Stockton Courthouse in San Joaquin County, CA, reach out to the experienced traffic law attorneys at Bigger & Harman, (661) 349-9300—Se habla Español 349-9755.
We offer a no-cost initial consultation and are ready to help protect your driving record.
Use our convenient contact form online or email us at: attorney@biggerharmanlaw.com.
References:
CA VC Section 23123.5, Driving Offenses & AB-47, Distracted Driving.
The FMCSA CFR 49 Part 383.51, Driver Disqualifications.
The FMCSA Mobile Phone Rule Fact Sheet.
The DMV Portal CA Commercial Driver Handbook.