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Texting While Driving a Commercial Motor Vehicle

Under 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 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.

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 while operating a commercial motor vehicle, may, in addition to any other penalty assessed, be assessed the following civil penalty.

The driver shall not be charged with an offense for the first violation under this paragraph by the company.

  • First violation: $2,750.
  • Second violation: $5,000.
  • Third and subsequent violations: $11,000.

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 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.

Call 813-250-0500 to discuss your case.

This article was last updated on Wednesday, July 1, 2020.

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Protesting a Commercial Vehicle Citation

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