Issue link: https://read.dmtmag.com/i/661417
This rule will cause many drivers to purchase a hands-free such as the blue-tooth headphones you see in a lot of drivers' ears. This regulation allows the offi cer to view your cell phone to see if you have been on the phone while your log book says you were driv- ing. I might also mention here that the fi nes are up to $2,750 for each offense and could lead to disquali- fi cation for multiple offenses if you are guilty. If your driver erases his "call history" or "recent calls" and deletes his text history on his phone after each call or text there would be no evidence of the violations for the offi cer to fi nd, but that does not make the driver a safer driver. Deleting calls and texts might work with offi cer on the side of the road, but a plaintiff attorney would be able to discover the driver's phone log from the cell phone carrier to prove or disprove the driver calling/ texting during the time in question. Remember, someone always knows what you are doing. The concern that an offi cer will "grab" a cell phone in a hands-free dock or off the dash is a legitimate concern since a cell phone is not "contraband" under the law like drugs are. The offi cer should al- ways ask for your logs and may ask for your cell phone. The driver can always give the offi cer "permission" to search his phone, but then the offi cer can look at everything on the phone, calls, texts, photos etc… The new cell phone regulation for the CDL is still untested in the courts as far as what the offi cer can seize and search on a phone. However, there are a lot of court cases that do defi ne what an offi cer may seize and search, as all war- rantless searches are governed by the Fourth Amendment. Trucking is what the Supreme Court calls a "heavily regulated industry" through the FMCSA and as such the normal Fourth Amendment rules are "re- laxed" for the offi cers dealing with truck drivers on the road. ◆ Jim C. Klepper is president of Interstate Trucker Ltd., a law fi rm entirely dedicated to legal defense of the nation's commercial drivers. Interstate Trucker represents truck drivers throughout the forty-eight (48) states on both moving and non- moving violations. Jim is also presi- dent of Drivers Legal Plan, which allows member drivers access to his fi rm's services at greatly discounted rates. Jim, a former prosecutor, is also a registered pharmacist with considerable experience in alcohol and drug related cases. He is a law- yer that has focused on transporta- tion law and the trucking industry in particular. He works to answer your legal questions about trucking and life over-the-road and has his Com- mercial Drivers License. 800-333-DRIVE (3748) or www. interstatetrucker.com and www. driverslegalplan.com April '16 www.studentdriverplacement.com 1 1