Operating CMV With Handheld Device

Topic 31593 | Page 1

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Erik S.'s Comment
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I recently got stopped cause as I was passing a state trooper in Iowa, my phone went off, I have a sister who is terminally ill with cancer & she hasn’t been doing good lately, I picked my phone to see what the notification was & set it back down, didnt open the message, well trooper did a level 3 inspection & put in the inspection report about me checking my phone, no citation was issued, just noted, will this cause me csa points or go on my record if other companies runs my records?

Terminal:

A facility where trucking companies operate out of, or their "home base" if you will. A lot of major companies have multiple terminals around the country which usually consist of the main office building, a drop lot for trailers, and sometimes a repair shop and wash facilities.

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

PackRat's Comment
member avatar

Did you send in the report to your dispatcher or safety department? Did you inform your dispatcher or safety?

If the company has a notation such as that, there usually is a set time period of time that they are required to reply.

Dispatcher:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
IDMtnGal 's Comment
member avatar

A Level III affects the company's CSA score. It depends on how they write it up as to how many points the company is given.

I parked on a Nebraska onramp because the three previous truck stops were full and I was falling asleep at the wheel. Toward morning the state trooper woke up me and three other trucks and did Level III on each of us. Mine was written up as:

392.2PK Unlawfully parking and/or leaving vehicle in the roadway 2(different people) 0(OOS Violations) 1(Violation Severity Weight) BASIC: Unsafe Driving

I just recently requested my DAC record, but it hasn't arrived yet so I don't know if it'll show there.

Laura

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Chief Brody's Comment
member avatar

Inspections show on your PSP

FMCSA PSP report

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Erik S.'s Comment
member avatar

Did you send in the report to your dispatcher or safety department? Did you inform your dispatcher or safety?

If the company has a notation such as that, there usually is a set time period of time that they are required to reply.

I called my fleet manager & he said the dot/safety dept will automatically get a copy, I assume when the officer submits it

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

Dispatcher:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

Fleet Manager:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Erik S.'s Comment
member avatar

Have I thrown my career down the drain!?

IDMtnGal 's Comment
member avatar

Have I thrown my career down the drain!?

No, not even close. You will be fine .

Laura

Pacific Pearl's Comment
member avatar

Your first hurdle will be with your Safety Department. Rules vary by company. Some will fire for a first offense.

Your next concern should be to avoid being a repeat offender. Per 49 CFR § 391.15 - Disqualification of drivers:

(f) Disqualification for violation of a restriction on using a hand-held mobile telephone while driving a commercial motor vehicle -

(1) General rule. A driver who is convicted of violating the restriction on using a hand-held mobile telephone in § 392.82(a) of this chapter is disqualified from driving a commercial motor vehicle for the period of time specified in paragraph (f)(2) of this section.

(2) Duration. Disqualification for violation of a restriction on using a hand-held mobile telephone while driving a commercial motor vehicle -

(i) Second violation. A driver is disqualified for 60 days if the driver is convicted of two violations of § 392.82(a) of this chapter in separate incidents committed during any 3-year period.

(ii) Third or subsequent violation. A driver is disqualified for 120 days if the driver is convicted of three or more violations of § 392.82(a) of this chapter in separate incidents committed during any 3-year period.

If you get caught using your phone while driving again in the next 3 years it will cost you 60 days of being disqualified from operating a CMV. After that the penalty goes up to 120 days.

You may have circumstances where you want to keep in touch, even while driving. Just be smart about it. I have the Garmin dēzl OTR1000 GPS. After downloading an app for my phone and an initial setup of the bluetooth connection between the phone and GPS every time my phone is in range it automatically connects to my GPS. If I receive a text message on my phone it is automatically displayed on my GPS. If I receive a call my GPS will show me who is calling me and give me the option to answer the call by tapping the screen and then the GPS acts as a speakerphone. Check your local laws. A dash mounted GPS is not considered a, "hand held device" in most jurisdictions. Even if it is it's possible to monitor your calls and texts without touching it.

Be thankful you weren't caught using your phone while driving in Oregon. They have criminal penalties for using a hand held device while driving. You could of gotten 6 months in jail!

OTR:

Over The Road

OTR driving normally means you'll be hauling freight to various customers throughout your company's hauling region. It often entails being gone from home for two to three weeks at a time.

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CMV:

    Commercial Motor Vehicle

    A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

    • Weighs 10,001 pounds or more
    • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
    • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
    • Is designed or used to transport 9 or more passengers (including the driver) for compensation
    • Is transporting hazardous materials in a quantity requiring placards
Anne A. (and sometimes To's Comment
member avatar

double-quotes-start.png

Have I thrown my career down the drain!?

double-quotes-end.png

No, not even close. You will be fine .

Laura

Agreed, and Indeed, O/P . . . . there are a LOT more 'sadder stories' on here!!

ps: DAC Report Free Application

As the others have stated, the PSP is the COMPANY score, however, that DAC (as the DMV) is yours. Obtain a free one, 1x a year, because you can.

Best to you!

~ Anne ~

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

DAC:

Drive-A-Check Report

A truck drivers DAC report will contain detailed information about their job history of the last 10 years as a CDL driver (as required by the DOT).

It may also contain your criminal history, drug test results, DOT infractions and accident history. The program is strictly voluntary from a company standpoint, but most of the medium-to-large carriers will participate.

Most trucking companies use DAC reports as part of their hiring and background check process. It is extremely important that drivers verify that the information contained in it is correct, and have it fixed if it's not.

James F.'s Comment
member avatar

I got a phone ticket back in 2018, prime inc, i got routed to the safety department at prime inc at springfield and had a pow wow, kept my job and stopped being a knuckle head, stuff happens, dont do it again

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