Driving Hands Free!

Report
Driving Hands Free and the
CDL/Medical Card Merge
Sergeant Wayne Sanderlin
Colorado State Patrol
Hazardous Materials
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Current versions of the FMCSR now
prohibit the use of cell phones as well as
texting while driving. (392.80)
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This new rule is not fully in effect yet, but
it is the standard for interstate and
hazardous materials transportation now.
Driving Hands Free!
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§ 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!
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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!
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What does this mean in English?
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Simple, drivers cannot text while
operating a CMV and carriers cannot
require or allow it.
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Let’s define some common terms
Driving Hands Free!
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These definitions are found in 390.5
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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!
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Texting means manually entering alphanumeric
text into, or reading text from, an electronic
device.
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(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.
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Driving Hands Free!
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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!
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Two recommendations regarding this
rule:
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Prepare a training class and a policy on
this topic for your company. Your
insurance carrier can be a good resource.
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Comply with this as soon as possible and
encourage it as a good habit for your
drivers.
Driving Hands Free!
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There are new changes with regard to medical cards,
record keeping and CDLs that became effective as of
Jan 30, 2012
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What is it?
It is a new federal rule that ties your DOT Medical
Certificate to your CDL.
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Will I be affected?
Yes, if you have a CDL.
When does it start?
January 30, 2012
CDL/ DOT Medical Merge
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.
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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).
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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.
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CDL/ DOT Medical Merge
Is there anything else I have to do?
 Yes, the first time you add your DOT
Medical Card to your CDL you must “selfcertify” what kind of driving you do. Your
choices:
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Option A - Interstate;
 Option B - Interstate with exemptions
(i.e. agriculture);
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CDL/ DOT Medical Merge
Option C - Intrastate; or
 Option D - Intrastate with exemption (i.e.
agriculture).
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It is recommended all drivers choose
Option A – Interstate regardless of your
employer or what type of driving you do.
CDL/ DOT Medical Merge
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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).
CDL/ DOT Medical Merge
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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.
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We are suggesting that they do this late
December 2013 or early January 30,
2014.
CDL/ DOT Medical Merge
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.
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CDL/ DOT Medical Merge
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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 noncompliance, a pending license cancellation
action will be created and a letter will be
sent to you explaining your noncompliance. At this point you cannot
drive a commercial vehicle but you can
still drive your personal vehicle.
CDL/ DOT Medical Merge
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.
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This means you will not be licensed to
drive any vehicle.
CDL/ DOT Medical Merge
How do I resolve this?
 You must either provide proof of a
completed DOT physical or apply for a
license downgrade.
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There will not be a reinstatement fee for
this, and provided the cancellation is less
than a year, no re-testing will be required.
CDL/ DOT Medical Merge
Do I still have to carry my DOT
Medical Card?
 Yes, you still have to carry the physical
card until January 30, 2014.
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What will all this cost me?
 There are no new fees associated with
this new rule.
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CDL/ DOT Medical Merge
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Who do I contact for more technical
assistance?
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Steve Monson
Colorado CDL Program Manager
(303) 205-5829
[email protected]
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Harry Hutchings
CDL Program Assistant
(303) 205-5983
[email protected]
CDL/ DOT Medical Merge
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How to find me:
Wayne Sanderlin
Sergeant
Colorado State Patrol
Hazardous Materials
15065 South Golden Road
Golden, CO 80401
(303) 273-1903 Office
(720) 684-9851 Cell
[email protected]

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