The FMCSA distracted driving rules prohibit commercial drivers from texting or using a hand-held mobile phone while operating a truck, bus, or other commercial motor vehicle on a public road. Break them and you can be fined up to $2,750 per violation; an employer who allows or requires the conduct can be fined up to $11,000. Two violations in three years cost you your CDL for 60 days. The rules sit in 49 CFR Part 392 Subpart H and apply even when you’re stopped in traffic.1Federal Motor Carrier Safety Administration. Distracted Driving
What Counts As Texting
Under 49 CFR 392.80, no commercial driver may text while driving. The FMCSA defines texting broadly. It covers manually typing into or reading text from any electronic device — email, instant messages, text messages, or accessing a web page. Even pressing more than one button to start or end a phone call is treated as texting.2eCFR. 49 CFR 392.80 – Prohibition Against Texting
Fleet management and dispatching devices fall under the same rule. You can use them for other functions, but typing text into one while driving is treated the same as texting on a personal phone.3Federal Motor Carrier Safety Administration. No Texting Rule Fact Sheet
The Hand-Held Phone Rule
49 CFR 392.82 prohibits using a hand-held mobile phone for voice communication while driving. You violate the rule by holding a phone to make a call, by dialing anything that requires pressing more than a single button, or by reaching for a phone in a way that forces you out of your normal seated, seatbelted position.4Federal Motor Carrier Safety Administration. Mobile Phone Restrictions Fact Sheet
Hands-free calls are allowed. The phone has to be close enough for you to pick up, answer, or hang up by touching a single button without shifting out of the driving position. Voice-activated dialing and one-touch speed dials satisfy the requirement. Reaching across the cab or leaning out of the seat to grab the phone is itself a violation, even if you meant to use it hands-free.5eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone
Stopped in Traffic Still Counts
Both rules define “driving” to include any time the motor is running and the vehicle is on a highway, even if you’re temporarily stopped because of traffic, a red light, or a brief delay. Checking a text at a red light is a violation, and inspectors will cite it.5eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone
The prohibitions stop only once you’ve moved the vehicle to the side of or off the highway and stopped somewhere it can safely remain stationary. A rest area, a truck stop, or a safe spot on the shoulder takes you outside the rule. At that point, you can text or use the phone.6eCFR. 49 CFR Part 392 Subpart H – Limiting the Use of Electronic Devices
The Emergency Exception
Both prohibitions include a narrow emergency exception. You may use a hand-held phone or text when necessary to communicate with law enforcement or other emergency services — reporting a crash, calling 911, or alerting authorities to a hazard on the road.5eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone Calling a dispatcher, a family member, or roadside assistance is not covered.
Who The Rules Apply To
The rules cover anyone driving a commercial motor vehicle as defined in 49 CFR 390.5. That definition captures vehicles at or above 10,001 pounds GVWR or GCWR, vehicles designed to carry more than 8 passengers for pay or more than 15 without pay, and any vehicle carrying hazardous materials in placardable quantities.7eCFR. 49 CFR 390.5 – Definitions
FMCSA’s direct authority is over interstate commerce. Most states have adopted compatible rules for intrastate commercial driving, so the restrictions generally apply whether or not a trip crosses a state line.8Federal Motor Carrier Safety Administration. What Is the Difference Between a Commercial Motor Vehicle (CMV) and a Non-CMV?
CB Radios And GPS Units
The federal prohibitions in Subpart H reach texting on electronic devices and hand-held mobile phones. CB radios and two-way radios are not covered, so you can use them while driving without violating the federal distracted driving rules.6eCFR. 49 CFR Part 392 Subpart H – Limiting the Use of Electronic Devices
GPS navigation is a gray area. FMCSA does not explicitly ban it the way it bans hand-held phones, but the agency’s guidance tells drivers to enter addresses and route information before starting the trip. Manually programming a GPS on the road could qualify as texting under the broad 392.80 definition, because it involves manually entering data into an electronic device.9Federal Motor Carrier Safety Administration. What Tips Is FMCSA Providing for the Safe Use of GPS Navigation Systems?
What Drivers Face
A driver caught texting or using a hand-held phone can be fined up to $2,750 per violation.1Federal Motor Carrier Safety Administration. Distracted Driving The money is only part of it. Both offenses are classified as serious traffic violations under 49 CFR 383.51, which triggers CDL disqualification for repeat offenders:
- A second serious violation within 3 years: 60-day disqualification from operating any commercial vehicle.
- A third or subsequent serious violation within 3 years: 120-day disqualification.
The three-year window counts any combination of serious violations, not just distracted driving offenses. A texting ticket paired with a conviction for excessive speeding or reckless driving is two serious violations, and the 60-day disqualification follows.
Violations also land on your Pre-Employment Screening Program record, where roadside inspection data stays visible for three years. Employers routinely check PSP reports before hiring, so a distracted driving citation can make finding work harder well after any disqualification ends.11Pre-Employment Screening Program (PSP). Frequently Asked Questions
What Employers Face
Under 49 CFR 392.82, no employer may allow or require a driver to use a hand-held phone while driving a commercial vehicle, and the same principle carries over to texting. Employers who violate the rule face civil penalties of up to $11,000 per violation.1Federal Motor Carrier Safety Administration. Distracted Driving
Distracted driving violations fall under the Unsafe Driving BASIC in FMCSA’s Compliance, Safety, Accountability system, where they affect a carrier’s safety scores for 24 months. A poor Unsafe Driving score can bring warning letters, investigations, and targeted interventions from FMCSA, and insurance underwriters regularly review CSA data when setting premiums.12Federal Motor Carrier Safety Administration. Unsafe Driving BASIC Factsheet
Written policies against banned device use, hands-free equipment for drivers, and documented enforcement put a carrier in a much better position during a federal audit than one with nothing on the books.
Disputing A Violation
Drivers and carriers who believe a distracted driving violation was recorded incorrectly can dispute it through FMCSA’s DataQs system by submitting a Request for Data Review. Carriers file through their FMCSA Portal account; drivers use a Login.gov-linked DataQs account.13Federal Motor Carrier Safety Administration. DataQs
Filing a challenge does not guarantee removal. The reviewing agency weighs the evidence and may uphold the original record. For genuine errors — wrong driver identified, incorrect vehicle information, or a citation issued while the vehicle was lawfully parked — DataQs is the structured route to correction. With a single violation sitting on a PSP report for three years and counting toward CDL disqualification, contesting an incorrect record is worth the time.