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Difficulty: MediumDistracted and Inattentive Driving

Under Federal Motor Carrier Safety Administration (FMCSA) regulations, a commercial motor vehicle driver is permitted to hold and dial a mobile phone while the vehicle is temporarily stationary at a red traffic signal or delayed in traffic congestion.

Answer: Answer

Answer

False
Federal regulations strictly define driving to include temporary stops at traffic lights and delays caused by traffic congestion. Commercial drivers are prohibited from holding, dialing, or manually interacting with mobile phones unless the vehicle is stopped in a safe location off or on the side of the active roadway where it can remain parked.

Step-by-Step Solution

1
Analyze the FMCSA statutory definition of 'driving' regarding mobile device restrictions.
Under 49 CFR § 392.80 and § 392.82, 'driving' encompasses all times a commercial motor vehicle is on an active roadway, including momentary stops at traffic lights, stop signs, and traffic jams.
Federal safety rules prevent distracted driving across all active traffic situations where sudden changes in surroundings require complete driver attention.
2
Evaluate the legality of holding or dialing a phone during momentary traffic stops.
Holding, dialing, or reaching for a mobile phone while stopped at a red light remains a federal violation.
Hand-held mobile device use is only lawful when the vehicle has been safely pulled off the active roadway to a location where it can remain stationary.

Key Concept

FMCSA Definition of Driving and Hand-Held Device Prohibition During Temporary Stops
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Topics

Distracted and Inattentive Driving

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