The query this week comes from a local organization who operates a business but handiest has a standard panel van. The query is, “I do no longer have any motors with a gross automobile weight score over 10,000 pounds, simplest a standard panel van. Can I legally use a handheld cellular smartphone while operating the van at the toll road among jobs?”
With this question, I had to name in some assist, as there is a selected division of the Michigan State Police that deals with the industrial vehicle enforcement. Their title is motor provider officials. With the assist of MCO Matthew Dowell, who is assigned to the Alpena Post, I become able to get a solution.
MCO Dowell explained there are multiple ways to decide how the vehicle may be categorized for the enforcement of the use of a cell smartphone inside the automobile while it’s far moving. A commercial motor automobile (CMV) is defined in Federal Motor Carrier Safety Regulations (FMCSR) 390.5 as “any self-propelled or towed motor vehicle used on a dual carriageway in … commerce to move passengers or belongings.” In Section 1, it states, “a gross vehicle weight score (GVWR) or gross aggregate weight rating … of 10,001 pounds or extra, whichever is extra.”
A CMV is a car with an real gross weight or GVWR of more than 10,000 kilos, which could be an unmarried vehicle or a mixture of a vehicle and trailer, either empty or loaded. This is the component that may be a touch perplexing for those organizations who generally do now not have automobiles over the ten,000-pound threshold. They should be very aware of the law once they begin pulling trailers that may boom the combination weight to that threshold.
Federal Motor Carrier Safety Regulation 392.Eighty-two coves the use of a handheld mobile telephone. Under Section (a)(1) on this regulation, it states, “No driving force shall use a handheld cellular cellphone at the same time as using a CMV.”
Section (a)(2) states, “No motor service shall allow or require its drivers to apply a hand-held mobile smartphone while driving a CMV.”
The query becomes about a panel van and being capable of function a cellular phone whilst riding on the toll road. A panel van all by means of itself underneath 10,000 kilos isn’t considered a CMV by using the above FMCSR. However, if the panel van is pulling an empty trailer or loaded with system and substances, it could be taken into consideration a CMV because of the real blended weight of the van and the trailer or the blended GVWR.
Exceptions to the usage of a telephone at the same time as in a CMV at the highway are while the driving force has moved the automobile to the aspect of or off a motorway and has halted in a region in which the vehicle can appropriately continue to be stationary or whilst the driving force of a CMV desires to speak with cops or other emergency offerings.
MCL 257.306b discusses the reading, typing, or sending of a text message on wireless -manner verbal exchange devices is prohibited within the state of Michigan. Section 3 states “… someone shall not use a hand-held cellular telephone to behavior a voice conversation while running an industrial motor automobile … on a highway … As used in this subsection, ‘mobile phone” does not consist of a -way radio provider or citizens band radio service. As used in this subsection, ‘use a handheld mobile phone’ means one or greater of the following: (a) Using at least one hand to preserve a cellular telephone to conduct a voice communication, (b) Dialing or answering a mobile phone by means of urgent more than a unmarried button, (c) Reaching for a mobile telephone in a manner that requires a driving force to move in order that he or she is now not in a seated using position …”
If a driver is cited for the use of a cell cellphone while in a CMV, the individual who violates this section is chargeable for a civil infraction and shall be ordered to pay a civil excellent of $a hundred for the primary violation and, for a 2d or next violation, $2 hundred.
Keep in thoughts, that is simplest a portion of the statutes. Please seek advice from the above codes for the entire statue.
Ashley Simpson is a network carrier trooper for the Michigan State Police-Alpena Post. If you have a question for Trooper Simpson, you could electronic mail her at [email protected] or mail them to Ask A Trooper, Michigan State Police-Alpena Post, 3283 W. Washington Ave., Alpena, Mich., 49707.