There is a ban on hand-held mobile phone use by drivers in North Carolina. And there’s a good chance you’ve never heard of it. That’s because the ban only applies to drivers of commercial motor vehicles—not drivers of private passenger vehicles. The federal government banned the use of hand-held mobile phones by the drivers of commercial motor vehicles in 2011. The next year, the North Carolina legislature codified the ban in G.S. 20-137.4A(a1). And while the federal rule applies only to commercial motor vehicles operated in interstate commerce, North Carolina’s administrative rules extend the prohibition to for-hire motor carriers, for-hire motor carrier vehicles, private motor carriers and private motor carrier vehicles operated entirely within North Carolina if the vehicle is: (1) a vehicle having a gross vehicle weight rating (GVWR), gross combination weight rating (GCWR), gross vehicle weight (GVW), gross combination weight (GCW) of 26,001 pounds or more, whichever is greater; (2) designed or used to transport 16 or more passengers, including the driver; or (3) used in transporting a hazardous material in a quantity requiring placarding pursuant to 49 C.F.R. Parts 170 through 185. 14B N.C.A.C. 07C .0101. Neither the federal nor the North Carolina rules barring hand-held mobile phone use apply to commercial motor vehicles operated by federal, state or local governments. What exactly are drivers of CMVs prohibited from doing? Drivers of qualifying commercial motor vehicles may not “use a hand-held mobile telephone while driving.” 49 C.F.R. § 392.82. Driving is defined broadly as “operating a commercial motor [...]
Faculty Coordinators
