The use of cellular phones by hired drives, lease drivers, contract drivers, owner/operators and any employees of BXB EXPRESS FREIGHT INC holding a commercial driver”s license and operating commercial motor vehicles shall be restricted according to new regulations under FMCSA 49 CFR 383, 384, 390, 391, 392.
BXB EXPRESS FREIGHT INC has therefore put info immediate effect as of January 3, 2012 the following regulations concerning cell phone use:
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All drivers are prohibited from using cell phone devices requiring more than one button to make a call.
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Phones which are capable of dialing a number using only one button and/or voice command are permitted for use under the following restrictions:
Drivers must be able to dial a number using one touch of a button and/or voice command (touch free). If the phone has a capability enabling this feature BUT he driver is unable to use the phone in such a way as to dial a number using one touch of a button and/or voice command (touch free), the driver is prohibited from using the device until learned to operate the device in manner as outlined above (1&2 a (1)).
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Drivers must complete a phone call (dial a number) per 2a (1) above and maintain contact with the road and truck instruments per normal driving procedures the driver can make a call (dial a number) per 2 a (1) but is unable to refrain from visual or physical (hand) contact with the device (that is needs to hold the device to continue talking and/or make adjustments) the driver is NOT permitted to use the device.
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If the device is using a hand-free system (such as Bluetooth device, loudspeaker, radio transmitter, etc) and pairing and/or any connection must be established between the hands-free device and the call phone, the driver must establish such connection while the vehicle is stationary (hereby defined by “parked” not simply driving but temporarily stopped).
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When dialing a number, the driver must be able to perform the operation with a single touch of a button and/or voice command . In such a way , as not to engage looking up names/ numbers in the directory that would require gestures beyond one touch. Should the driver need to dial a number and/or engage phone directory/ contacts to dial a number, the driver must pull off the commercial road and completely stop the truck in order to perform such operation. It is there/are recommended and advised that drivers store numbers is speed dial and/or have access to voice-command dialing.
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In case of an emergency and/or need to contact company owner/dispatch, the driver must follow the same one-touch role. It is therefore IMPORTANT to store the numbers in the speed dial.
BXB EXPRESS FREIGHT INC has implemented the following penalty for non-compliance with the above stated rules. These are as follows:
Failure to obey the rules as outlined above resulting in citation of violation (ticket) shall , in addition to any penalties by the DOT and local /state/government agencies, include :
A.$500.00 penalty paid to BXB EXPRESS FREIGHT INC
- Full restriction of cell phone use for up to thirty (30) days with the exception of dialing number to the Company, dispatch, and/or emergency personnel/911
- The right for the Company to terminate the driver while withholding any pay for the trip during which the violation has occurred and any prior trips that have not yet been paid to the driver.
- If the Company has suffered any financial loss with respect to the contracted trip/hire during which the violation happened , the driver may be held responsible for parts of the financial loss should the Company establish that loads were late, not delivered at all, or expired due to the consequences of this violation.
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