Texting While Driving a Commercial Motor Vehicle
Under Section 316.3025(6)(a), a driver who violates 49 C.F.R. s. 392.80, which prohibits texting while operating a commercial motor vehicle, or 49 C.F.R. s. 392.82, which prohibits using a handheld mobile telephone (cell phone) while operating a commercial motor vehicle, may be assessed a civil penalty and commercial driver license disqualification as follows:
- First violation: $500.
- Second violation: $1,000 and a 60-day commercial driver license disqualification pursuant to 49 C.F.R. part 383.
- Third and subsequent violations: $2,750 and a 120-day commercial driver license disqualification pursuant to 49 C.F.R. part 383.
Under Section 316.3025(6)(b), a company requiring or allowing a driver to violate 49 C.F.R. s. 392.80, which prohibits texting while operating a commercial motor vehicle, or 49 C.F.R. s. 392.82, which prohibits using a handheld mobile telephone (cell phone) while operating a commercial motor vehicle, may, in addition to any other penalty assessed, be assessed the following civil penalty:
- First violation: $2,750.
- Second violation: $5,000.
- Third and subsequent violations: $11,000.
The driver shall not be charged with an offense for the first violation under this Section 316.3025(6)(b) by the company.
Attorneys for CMV Citations for Texting in Florida
The attorneys at Sammis Law Firm can help you challenge or protest the CMV citation for texting or using a cell phone before Florida’s Commercial Motor Vehicle Review Board. If no relief is provided, we can help you file a “notice of appeal” within 30 days of the final action to have the case reviewed by the appropriate district court of appeals.
We represent commercial driver license (CDL) holders for a variety of traffic crimes and violations, including DUI, reckless driving, texting while driving, or using a handheld mobile telephone while driving.
Call 813-250-0500 to discuss your case.
CDL Disqualification for Two Serious Traffic Violations
A CDL holder convicted of “texting while driving” or “using a handheld mobile telephone while driving” might also be disqualified from operating a commercial motor vehicle pursuant to Section 322.61(1).
For incidents committed in a commercial motor vehicle (CMV), Section 322.61(1) requires that anyone convicted of two of the following serious traffic violations or any combination thereof, arising in separate incidents, shall, in addition to any other applicable penalties, be disqualified from operating a commercial motor vehicle for a period of 60 days, if the offenses occurred within a 3-year period.
For incidents committed in a noncommercial motor vehicle (non-CMV), Section 322.61(1) requires that any CDL holder, for offenses occurring within a 3-year period, is convicted of two of the following serious traffic violations, or any combination thereof, arising in separate incidents, in addition to any other applicable penalties, be disqualified from operating a commercial motor vehicle for a period of 60 days if such convictions result in the suspension, revocation, or cancellation of the licenseholder’s driving privilege.
For purposes of disqualifications under Section 322.61(1), the following offenses count as “serious traffic violations:”
- A violation of any state or local law relating to motor vehicle traffic control, other than a parking violation, arising in connection with a crash resulting in death;
- Reckless driving, as defined in s. 316.192;
- Unlawful speed of 15 miles per hour or more above the posted speed limit;
- Improper lane change, as defined in s. 316.085;
- Following too closely, as defined in s. 316.0895;
- Driving a commercial vehicle without obtaining a commercial driver license;
- Driving a commercial vehicle without the proper class of commercial driver license or commercial learner’s permit or without the proper endorsement;
- Driving a commercial vehicle without a commercial driver license or commercial learner’s permit in possession, as required by s. 322.03;
- Texting while driving; or
- Using a handheld mobile telephone while driving.
This article was last updated on Thursday, May 23, 2024.
