Driving Hands Free and the CDL/Medical Card Merge Sergeant Wayne Sanderlin Colorado State Patrol Hazardous Materials

Driving Hands Free and the CDL/Medical Card Merge

Sergeant Wayne SanderlinColorado State PatrolHazardous Materials

Driving Hands Free!

Current versions of the FMCSR now prohibit the use of cell phones as well as texting while driving. (392.80)

This new rule is not fully in effect yet, but it is the standard for interstate and hazardous materials transportation now.

Driving Hands Free!

§ 392.80 Prohibition against texting.(a) Prohibition. No driver shall engage in

texting while driving.(b) Motor carriers. No motor carrier shall allow

or require its drivers to engage in texting while driving.

(c) Definition. For the purpose of this section only, driving means operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays.

Driving Hands Free!

Driving does not include operating a commercial motor vehicle with or without the motor running when the driver moved the vehicle to the side of, or off, a highway, as defined in 49 CFR 390.5, and halted in a location where the vehicle can safely remain stationary.

(d) Emergency exception. Texting while driving is permissible by drivers of a commercial motor vehicle when necessary to communicate with law enforcement officials or other emergency services.

[75 FR 59136, Sept. 27, 2010, as amended at 76 FR 75487, Dec. 2, 2011]

Driving Hands Free!

What does this mean in English?

Simple, drivers cannot text while operating a CMV and carriers cannot require or allow it.

Let’s define some common terms

Driving Hands Free!

These definitions are found in 390.5

Mobile telephone means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 CFR 20.3. It does not include two-way or Citizens Band Radio services

Driving Hands Free!

Texting means manually entering alphanumeric text into, or reading text from, an electronic device.

(1) This action includes, but is not limited to, short

message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future

Driving Hands Free!

(2) Texting does not include: (i) Inputting, selecting, or reading information on a

global positioning system or navigation system; or (ii) Pressing a single button to initiate or terminate a

voice communication using a mobile telephone; or(iii) Using a device capable of performing multiple

functions ( e.g., fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc. ) for a purpose that is not otherwise prohibited in this part.

Driving Hands Free!

Use a hand-held mobile telephone means:(1) Using at least one hand to hold a mobile

telephone to conduct a voice communication;(2) Dialing or answering a mobile telephone by

pressing more than a single button, or(3) Reaching for a mobile telephone in a manner

that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer's instructions.

Driving Hands Free!

Two recommendations regarding this rule:

Prepare a training class and a policy on this topic for your company. Your insurance carrier can be a good resource.

Comply with this as soon as possible and encourage it as a good habit for your drivers.

CDL/ DOT Medical Merge

There are new changes with regard to medical cards, record keeping and CDLs that became effective as of Jan 30, 2012

What is it? It is a new federal rule that ties your DOT Medical

Certificate to your CDL. Will I be affected? Yes, if you have a CDL. When does it start? January 30, 2012


Will my CDL change? You will see no changes to the actual license. There will be a

different MVR that you must specifically request that will show all the information that is on the DOT card.

What do I have to do? After getting a new/renewing your DOT Medical Certificate you

must provide a copy of your certificate/wallet card to the Department of Motor Vehicles (DMV).

How do I do that? There are 3 ways to comply – you can go to the DMV in person;

you can fax a copy to the DMV; or you can mail a copy to the DMV.


Is there anything else I have to do?Yes, the first time you add your DOT

Medical Card to your CDL you must “self-certify” what kind of driving you do. Your choices:

Option A - Interstate; Option B - Interstate with exemptions (i.e.

agriculture);


Option C - Intrastate; or Option D - Intrastate with exemption (i.e.

agriculture).

It is recommended all drivers choose Option A – Interstate regardless of your employer or what type of driving you do.


When do I need to do this?You can get a copy of your current valid DOT

Medical Card to the DMV anytime after January 30, 2012, or you can wait until you renew your current Medical Card. The key is to do so before January 30, 2014. The DMV recommends the following: A CDL holder who’s CDL expires between January 30, 2012 and January 30, 2014 that individual will comply with the new regulations when they renew their CDL license (or any other type of CDL license application).


For those CDL holders whose CDL expires after January 30, 2014, those individuals will just need to proved a copy of their current DOT medical to us.

We are suggesting that they do this late December 2013 or early January 30, 2014.


What happens if I let my DOT Medical Card expire?

Once your DOT medical Card expires, your CDL is no longer valid, and you can no longer drive a commercial motor vehicle. Make sure your employer knows!

At this point you are still allowed to drive your personal vehicle.


So what do I do then?You need to get your new DOT Medical

Certificate to the DMV as soon as possible. After 10 days of non-compliance, a pending license cancellation action will be created and a letter will be sent to you explaining your non-compliance. At this point you cannot drive a commercial vehicle but you can still drive your personal vehicle.


What if I miss that deadline?You will be notified by letter that you are

considered “Not Certified”. If it is not corrected within the following 20 days, your license will be canceled.

This means you will not be licensed to drive any vehicle.


How do I resolve this?You must either provide proof of a

completed DOT physical or apply for a license downgrade.

There will not be a reinstatement fee for this, and provided the cancellation is less than a year, no re-testing will be required.


Do I still have to carry my DOT Medical Card?

Yes, you still have to carry the physical card until January 30, 2014.

What will all this cost me?There are no new fees associated with this

new rule.


Who do I contact for more technical assistance?

Steve MonsonColorado CDL Program Manager(303) [email protected]

Harry HutchingsCDL Program Assistant(303) [email protected]

How to find me:Wayne SanderlinSergeantColorado State PatrolHazardous Materials15065 South Golden RoadGolden, CO 80401(303) 273-1903 Office(720) 684-9851 [email protected]

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Driving Hands Free and the CDL/Medical Card Merge Sergeant Wayne Sanderlin Colorado State Patrol Hazardous Materials