Cell phone policy for cdl drivers

2850 Clover Street ● Pittsford, New York 14534 Toll Free: 800.462.6435 Tel: [phone] www.FlandersGroup.com

SAMPLE #1 CELL PHONE POLICY FOR CDL OPERATORS

(Policy sample allows for hands free use of phone)

Recommended Usage You can expand the policy language to include additional scenarios relevant to your organization’s needs. Although you may choose to edit the enforcement and disciplinary terms, the inclusion of specific terms strengthens compliance with a policy. It’s also recommended that your legal advisor review your final policy language.
The Department of Transportation issued a rule effective January 3, 2012 regarding cell phone usage by CDL operators. The rule prohibits the use of hand held cell phones and imposes significant penalties on drivers and employers. A summary is below:

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  Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses.
  
• 
  Commercial truck and bus companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000.
  
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  Additionally, states will suspend a driver's commercial driver’s license (CDL) after two or more serious traffic violations.
  

Therefore, (Company) is instituting a new policy.

• 
  Employees are not permitted to use a hand held cell phone while operating a motor vehicle on company business and/or on company time unless the device can be used hands-free.
  
• 
  Employees are not permitted to read or respond to e-mails or text messages while operating a motor vehicle on company business and/or on company time.
  
• 
  This policy also applies to use of PDAs.
  
• 
  While driving, calls cannot be answered and must be directed to voice mail if your handheld device isn’t enabled for hands free use.
  
• 
  If an employee must make an emergency call (911), the vehicle should first be parked in a safe location.
  

Employees are responsible for payment of civil penalties in the event a citation is issued. If an employee is cited by any enforcement agency for cell phone use violations or if an employee is observed using a hand held device and the use is confirmed by one or more supervisory or management employees of (Company), the employee will be subject to discipline up to and including termination. Correspondingly, any supervisor or management personnel found to allow, encourage, pressure, or threaten adverse action against an employee for complying with this policy shall be subject to discipline up to and including termination.

Your signature below certifies your agreement to comply with this policy.
Employee Name (print) __________________________________
Employee Signature ____________________________________
Date __________________________
Please sign and return to ______________________________________

SAMPLE #2 CELL PHONE POLICY FOR CDL OPERATORS

(Policy sample does not allow for hands free use of phone)
Recommended Usage You can expand the policy language to include additional scenarios relevant to your organization’s needs. Although you may choose to edit the enforcement and disciplinary terms, the inclusion of specific terms strengthens compliance with a policy. It’s also recommended that your legal advisor review your final policy language.
The Department of Transportation issued a rule effective January 3, 2012 regarding cell phone usage by CDL operators. The rule prohibits the use of hand held cell phones and imposes significant penalties on drivers and employers. A summary is below:

• 
  Drivers who violate the restriction will face federal civil penalties of up to $2,750 for each offense and disqualification from operating a commercial motor vehicle for multiple offenses.
  
• 
  Commercial truck and bus companies that allow their drivers to use hand-held cell phones while driving will face a maximum penalty of $11,000.
  
• 
  Additionally, states will suspend a driver's commercial driver’s license (CDL) after two or more serious traffic violations.
  

We (Company Name) deeply value the safety and well-being of all employees. Due to the increasing number of accidents resulting from the use of cell phones while driving, we are instituting a new policy.

• 
  Employees are not permitted to use a cell phone, either handheld or hands-free, while operating a motor vehicle on company business and/or on company time.
  
• 
  Employees are not permitted to read or respond to e-mails or text messages while operating a motor vehicle on company business and/or on company time.
  
• 
  This policy also applies to use of PDAs.
  
• 
  While driving, calls cannot be answered and must be directed to voice mail. (use script provided below)
  
• 
  If an employee must make an emergency call (911), the vehicle should first be parked in a safe location.
  

Employees are responsible for payment of civil penalties in the event a citation is issued. If an employee is cited by any enforcement agency for cell phone use violations or if an employee is observed using a hand held device and the use is confirmed by one or more supervisory or management employees of (Company), the employee will be subject to discipline up to and including termination. Correspondingly, any supervisor or management personnel found to allow, encourage, pressure, or threaten adverse action against an employee for complying with this policy shall be subject to discipline up to and including termination.

Your signature below certifies your agreement to comply with this policy.

Employee Name (print) __________________________________
Employee Signature ____________________________________
Date __________________________
Please sign and return to ______________________________________


Cell Phone Greeting
“Hello, this is __________________________ (name, title, company).

I am either away from my phone or I may be driving, and, for safety reasons, I don’t use my phone while driving. Please leave your name, number and a brief message. I will return your call as soon as I am able. (Optional addition if you are recording a greeting to communicate with callers while you are driving: “I should be at my destination within _____ and will return your call then.”)

Tips for Successful Policy Development for CDL Drivers

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  Make your policy uniform. While the federal government and states may have different rules on the use of hand-held mobile phones, we recommend employers adopt one uniform policy to eliminate confusion. Where the federal law and state law conflict, a company should adopt a policy that follows the more stringent government restriction.
  
• 
  Be clear –document what is prohibited and what is allowed. At a minimum, an employer should include a provision that the company does not allow or require drivers to use hand-held mobile phone while driving a CMV. A policy should also mirror the regulation by prohibiting its drivers from dialing, using a push-to-talk function on a mobile phone, and reaching for the phone. Certain communication options remain legal for drivers, such as hands-free mobile phone use and touching a single button on a mobile phone, earpiece, steering wheel, or instrument panel. CDL drivers subject to the Federal rule when driving a CMV.
  

Prohibited: 1. Using a hand to hold a mobile phone to conduct voice communication. 2. Answering or dialing a mobile phone by pushing more than one button. 3. Reaching for a mobile phone in a manner that requires the driver to maneuver so that he or she is no longer in a seated, belted driving position
Allowed: 1. A mobile phone can still be used if it has a wired or wireless headset (or other hands-free system that is part of the vehicle), can be answered or dialed using one button, and the driver does not have to reach for the phone.2. Nextel’s are allowed provided the driver does not reach for, dial, or hold the actual mobile telephone in his/her hand while driving and the driver is able to touch the button needed to operate the push-to-talk feature from the normal seated position with the safety belt fastened. 3. 2 way and CB radios are allowed

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  Establish specific consequences for violating the policy. The consequences could be warnings, termination, or other disciplinary actions, including a fine. A driver needs to know what the specific consequence of his violation will be. And of course, after developing and communicating the policy, fairly and consistently enforce it.
  

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  Disclose the policy to your drivers. It is advisable that the employer include a written acknowledgement to the driver that indicates that the driver understands the policy and agrees to abide by it.
  

• 
  Obtain a legal review prior to implementation. It is recommended that your legal advisor review your final policy language. Then, review annually as these laws continue to evolve.
  

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