Texting in a Commercial Vehicle
There are Serious Consequences for texting while driving if you are operating a commercial vehicle or truck.
FMCSA prohibits texting while operating a commercial motor vehicle.
The Federal Motor Carrier Safety Administration (FMCSA) prohibits texting by commercial motor vehicle (CMV) drivers. In the event of a finding of responsibility for Texting While Operating a Commercial Vehicle, federal law imposes sanctions, including civil penalties and disqualification from operating a commercial vehicle. Many defense lawyers do not even realize that FMCSA added to the list of disqualifying offenses any conviction under State or local traffic laws or ordinances prohibiting CDL drivers’ texting while operating a CMV, including school bus drivers.
The federal law was created following research showing that the odds of being involved in an accident or near accident are 23.2 times greater for CMV drivers who engage in texting while driving.
Civil Penalties under Federal Law
Any violation of this restriction may result in a civil penalty imposed on drivers of up to $2,750; a civil penalty may be imposed on employers who fail to require their drivers to comply with FMCSRs up to $11,000. New provisions of the federal law govern the disqualification of CDL drivers. A CDL driver will be disqualified from operating a commercial vehicle for 60 days for the second offense within three (3) years and 120 days for three or more violations within three (3) years.
Civil Infraction Penalties Under Michigan Law
For bus drivers or those operating commercial vehicles, the fines are $200 and 32 hours of community or volunteer service for a first offense and $500 and 48 hours of community service for a second or subsequent offense. Fines are doubled if a commercial driver is caught using a cell phone and causes a traffic accident. A second conviction results in one point on the driver’s motor vehicle record. Any third or subsequent offense results in two (2) points. Three violations in three years mandate a driver’s improvement course.
Increased Insurance Premiums
From an insurance company’s perspective, drivers who text while operating a commercial vehicle are at a higher risk of potentially causing accidents in the future. Insurance companies calculate premiums based on records of moving violations. Most moving violations are reported to insurance companies. Keeping these charges and all points off your driving and criminal records with an aggressive, affordable defense is possible.
Defense Lawyer for Traffic Tickets and Moving Violations
After receiving a traffic ticket, it is expected to face many questions and concerns about your rights and what impact the ticket may have on your driving record. Of course, increasing insurance premiums is a primary concern. When you hire LEWIS & DICKSTEIN, P.L.L.C., we will address your concerns and answer all your questions to help you obtain the peace of mind you deserve. If you are cited for texting while operating a commercial vehicle, you will likely be concerned about your employment and driver’s license.
We strongly advise against you facing the legal system alone. With our track record of successful defense strategies, we can help protect your driving record, your insurance rates, and your future. If you or someone you know has received a traffic ticket for Texting While Operating a Commercial Vehicle or anything else, call us for a free consultation. We can help.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
