Truck Driver Phone, Texting and Seat Belt Rules
Federal rules ban texting and hand-held phone use while driving a commercial motor vehicle (49 CFR 392.80 and 392.82). A driver may talk hands-free and press one button to start or end a call. A driver faces a federal fine of up to $4,812 per violation, and a 60-day disqualification after a second conviction in 3 years. A carrier that allows it can pay up to $19,246 per violation. Seat belts are required too (49 CFR 392.16).
Facts checked October 17, 2026
Key Points
- Texting means typing or reading text on an electronic device. Email, instant messages and opening a web page count (49 CFR 390.5). No driver may text while driving a commercial motor vehicle (49 CFR 392.80(a))
- A driver may not use a hand-held mobile phone while driving. That means holding it to talk, dialing or answering with more than one button, or reaching for it so you leave your seated, belted position (49 CFR 392.82 and 390.5)
- Pressing a single button to start or end a call is allowed. So is using a GPS or navigation system, or a fleet or dispatch device for a use that is not otherwise banned (49 CFR 390.5)
- Driving includes stopping at a light or in traffic. It does not include a vehicle you moved off the road and halted where it can safely stay (49 CFR 392.80(c) and 392.82(b))
- A carrier may not allow or require its drivers to text or hold a phone while driving (49 CFR 392.80(b) and 392.82(a)(2))
- A federal civil penalty can reach $4,812 for a driver and $19,246 for each violation by a carrier (49 CFR Part 386, Appendix B). A second conviction in 3 years disqualifies a driver for 60 days. A third or later conviction disqualifies the driver for 120 days (49 CFR 383.51 and 391.15)
- A driver in a CMV with a seat belt at the driver's seat must wear it. In a property-carrying CMV, the other riders must wear theirs too (49 CFR 392.16)
What the federal rules allow while you drive a commercial motor vehicle
| What you do | Allowed? | Rule | |
|---|---|---|---|
| Hold a phone in your hand to talk | No | 49 CFR 392.82 and 390.5 | |
| Dial or answer by pressing more than one button | No | 49 CFR 392.82 and 390.5 | |
| Press a single button to start or end a call | Yes | 49 CFR 390.5 | |
| Reach for a phone so you are no longer seated and belted | No | 49 CFR 390.5 | |
| Type or read a text, email or instant message | No | 49 CFR 392.80 and 390.5 | |
| Enter or read a destination on a GPS or navigation system | Yes, under the texting rule | 49 CFR 390.5 | |
| Use a fleet or dispatch device for a use that is not otherwise banned | Yes | 49 CFR 390.5 | |
| Use a CB radio | Not covered by the phone ban | 49 CFR 390.5 | |
| Call 911 or the police, or text them, when you need to | Yes | 49 CFR 392.80(d) and 392.82(c) |
What does the federal texting ban cover?
No driver may text while driving a commercial motor vehicle (49 CFR 392.80(a)). Texting means manually typing text into an electronic device, or reading text from one. It includes text messages, email, instant messages and a request to open a web page. It also includes pressing more than one button to start or end a call, or any other way to enter or get text for now or later (49 CFR 390.5). The ban does not cover using a GPS or navigation system, pressing one button to start or end a call, or using a multi-function device for a use that is not otherwise banned. A fleet management system, a dispatch device, a smart phone, a CB radio and a music player are examples the rule names.
Can truck drivers use a phone hands-free?
Yes, if you do not hold it. The rule bans a hand-held mobile phone, so a driver may talk through a headset or a built-in system. Federal law defines using a hand-held phone in three ways. One is holding the phone in at least one hand to talk. Another is dialing or answering by pressing more than one button. The third is reaching for the phone in a way that takes you out of your seated driving position, restrained by your seat belt (49 CFR 390.5). Press one button, or use your voice, and keep your hands on the wheel. A CB radio is not a mobile phone under the rule. The rule's phone definition leaves out two-way and Citizens Band radio.
When does a driver count as driving?
For both rules, driving includes being stopped for a moment in traffic, at a traffic light or at a stop sign (49 CFR 392.80(c) and 392.82(b)). Texting at a red light is still texting while driving. Driving does not include a truck you moved to the side of the road, or off the highway, and halted where it can safely stay. So you may use a phone when you are parked in a safe spot. The texting rule counts a truck with the motor running. The phone rule counts a truck on a highway.
What are the penalties for texting or holding a phone?
A driver can face a federal civil penalty of up to $4,812 for a violation of Part 392 (49 CFR Part 386, Appendix B). A carrier that violates the same rule can face up to $19,246 for each violation. Those are maximum amounts, and the government adjusts them for inflation. A driver convicted twice in 3 years of texting, of using a hand-held phone, or of any mix of the serious traffic violations in 49 CFR 383.51, is disqualified from driving a CMV for 60 days. A third conviction in 3 years brings 120 days. A first conviction does not bring a disqualification. States set their own fines, and they vary.
What can a carrier do to follow the rule?
A motor carrier may not allow or require its drivers to text or hold a phone while driving (49 CFR 392.80(b) and 392.82(a)(2)). That includes a dispatcher who expects a driver to read a message and answer it while the truck is moving. A written hands-free policy, messages sent only when the truck is parked, and driver training all help a carrier follow the rule. A carrier also may not let a driver drive while disqualified (49 CFR 383.37(b)). A disqualification for a phone or texting conviction counts.
Do state laws still apply?
Yes. A CMV must follow the laws of the place where it is driven. If an FMCSA rule is stricter than the local law, the FMCSA rule applies (49 CFR 392.2). A driver convicted under a state or local law that bans texting or hand-held phones in a CMV can be disqualified under 49 CFR 383.51, with the same 60 and 120 day periods. State fines and rules for drivers of cars and pickups differ, and some states ban any hand-held phone use for all drivers.
Do truck drivers have to wear seat belts?
Yes. No driver may operate a commercial motor vehicle that has a seat belt at the driver's seat unless the driver is properly restrained, and a carrier may not require or permit it (49 CFR 392.16(a)). In a property-carrying CMV with seat belts at the other seats, the driver may not drive unless every other rider is belted too (49 CFR 392.16(b)). Reaching for a phone in a way that takes you out of your seated, belted position is itself a hand-held phone use under 49 CFR 390.5.
Related Free Tools
DOT Audit Readiness Checklist
An interactive compliance checklist to get ready for a DOT compliance review.
Hours of Service (HOS) Tracker
Full 49 CFR Part 395 tracking. It covers the daily log, 14-hour window, 30-minute break, and the real 60/70-hour weekly rule with 34-hour restart detection.
CDL & Compliance Deadline Tracker
Track all compliance deadlines in one place with color-coded alerts.
Frequently Asked Questions
Can truck drivers use their phone while driving?+
Only hands-free. Federal rules ban texting and hand-held phone use while driving a commercial motor vehicle (49 CFR 392.80 and 392.82). You may use a headset or a built-in system, and you may press a single button to start or end a call. Do not hold the phone, and do not dial or answer with more than one button.
Can truck drivers use hands-free devices?+
Yes. The rule bans a hand-held mobile phone, not talking. A headset or an in-cab system that lets you keep both hands on the wheel is allowed. The rule counts dialing or answering with more than one button as hand-held use, so use voice commands or a single button.
Can I text at a red light in a truck?+
No. For both rules, driving includes being stopped for a moment in traffic or at a traffic light (49 CFR 392.80(c) and 392.82(b)). You may use the phone only after you have moved the truck off the road and halted where it can safely stay.
How much is the fine for using a cell phone in a commercial vehicle?+
The federal civil penalty can reach $4,812 for a driver and $19,246 for each violation by a carrier (49 CFR Part 386, Appendix B). State fines are set by each state and vary. A conviction can also lead to a CDL disqualification if it is a repeat.
What happens to my CDL if I get a texting ticket?+
A first conviction does not disqualify you under the federal rule. A second conviction in 3 years of texting, of hand-held phone use, or of any mix of serious violations brings a 60-day disqualification from driving a CMV. A third conviction in 3 years brings 120 days (49 CFR 383.51 and 391.15). Your state may also add points or its own penalties.
Does the phone ban cover CB radios and dispatch tablets?+
A CB radio is not a mobile phone under the rule, and the rule does not ban using one. A fleet management system or dispatch device may be used for a purpose that is not otherwise banned. Typing or reading a message on it while you drive is still texting (49 CFR 390.5).
Can my dispatcher make me answer messages while I drive?+
No. A motor carrier may not allow or require its drivers to text or hold a phone while driving (49 CFR 392.80(b) and 392.82(a)(2)). A carrier that expects a reply while the truck is moving can be fined up to $19,246 for each violation.
Can I use my phone when I am parked on the shoulder?+
Yes, if you have moved the truck to the side of or off the highway and halted it where it can safely stay. That is not driving under either rule. A spot where the truck cannot safely stay does not count (49 CFR 392.80(c) and 392.82(b)).
Are truck drivers required to wear seat belts?+
Yes. A driver may not operate a commercial motor vehicle with a seat belt at the driver's seat unless properly restrained (49 CFR 392.16(a)). In a property-carrying CMV, the driver must also make sure other riders who have belts are wearing them. State seat belt fines vary.
More federal trucking rules
- Hours of Service Rules for Truck Drivers
- ELD Mandate: Who Needs an ELD
- DOT Roadside Inspection Levels Explained
- DOT Drug and Alcohol Testing Rules
- Driver Qualification File Requirements
- DVIR and Vehicle Maintenance Rules
- New Entrant Safety Audit Requirements
- Hours of Service Exceptions and Exemptions
- Motor Carrier Insurance Requirements
- CDL Classes, Endorsements and ELDT Training
- DOT Physical and Medical Card Requirements
- Drug and Alcohol Clearinghouse Requirements
- Cargo Securement Rules for Trucks
- Hazmat Basics for Truck Drivers and Carriers
- USDOT Number and Biennial Update Requirements
- Safety Ratings, Compliance Reviews and DataQs
- Federal Truck Size and Weight Limits
- California Clean Truck Check (HD I/M)
- Truth-in-Leasing Rules for Owner-Operators
- Form 2290 Heavy Highway Vehicle Use Tax
- Railroad Crossing Rules for Truck Drivers
- Truck Emergency Equipment and Warning Triangle Rules
- Truck Windshield, Dash Cam and Mirror Rules
- CDL Disqualification: Major and Serious Offenses
- Truck Tire Rules: Tread Depth, Retreads and Pressure
- Trailer Reflective Tape (Conspicuity) Rules
- Truck Brake Rules: Pushrod Stroke, Lining Thickness and ABS
- Driver Conduct Rules: Alcohol, Drugs, Fatigue, Passengers and Pre-Trip Checks
- English Language Proficiency for Truck Drivers: The 391.11(b)(2) Rule
- Weigh Station Rules: Who Must Stop and What Happens If You Skip
- Truck Lighting Rules: Required Lamps and Reflectors (49 CFR 393)
- Driver Road Test Rules: The Company Road Test and Certificate (49 CFR 391.31)
Related terms and pages
Sources
- 49 CFR 392.80, Prohibition against texting (eCFR)
- 49 CFR 392.82, Using a hand-held mobile telephone (eCFR)
- 49 CFR 392.16, Use of seat belts (eCFR)
- 49 CFR 392.2, Applicable operating rules (eCFR)
- 49 CFR 390.5, Definitions: texting, mobile telephone, use a hand-held mobile telephone (eCFR)
- 49 CFR 383.51, Disqualification of drivers, Table 2 (eCFR)
- 49 CFR 391.15, Disqualification of drivers, paragraphs (e) and (f) (eCFR)
- 49 CFR 383.37, Employer responsibilities (eCFR)
- 49 CFR Part 386, Appendix B, Penalty schedule (eCFR)
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This is a plain-language summary for reference, not legal advice. Check the official rule text before you rely on any detail. Ask a compliance professional about your own operation.