Is it legal to use cell phone while driving a semi? Stopped at RR crossing.

Discussion in 'Questions From New Drivers' started by larry_minn, Apr 17, 2025.

  1. larry_minn

    larry_minn Light Load Member

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    So today, small town I had a train cross my path. I was empty, stopped 50 yards behind stop line. *if train derails that’s a dead person zone*.
    So I set air brakes, grabbed cell. Read messages, few replies. Train backs up, moves ahead. I make a call. “Are you driving? You should not…”. Yes I am on public road. But in neutral, brakes set, cross arms, train blocking road. It not like a stop sign, or even stop light. It was over 7 minutes.
    When last car went, put down phone, look as I released brake, shifted, started rolling had decent momentum crossing RR tracks.
    But a search gets this.
    Quote “The FMCSA's regulations focus on preventing distractions while operating a CMV on the road, not when the vehicle is stationary.Therefore, if a CDL holder is waiting on a train and is not behind the wheel of a CMV, they are free to use a cell phone without violating regulations” end quote.
    I was belted in, behind the wheel. But my thinking is I pulled the *parking* brakes. I am not *driving* I am legally parked waiting for a train. Anyone know legalities?
     
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  3. Kyle G.

    Kyle G. Road Train Member

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    Not sure where you got that quote, but I don't think that's how it works.

    If you are behind the wheel on a public road, you are operating the CMV whether it's moving or not.

    Not saying I wouldn't have done the same thing, but it is technically still a violation.
     
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  4. Ridgeline

    Ridgeline Road Train Member

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    Why do people run to the FMCSA regs when justifying their actions?

    The state has the final word.

    In my state, Michigan, you hold the phone at a light or stop, it is the same as if you are handling it while driving and it is a ticket.

    Many other states are like that.
     
  5. Lennythedriver

    Lennythedriver Road Train Member

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    It’s your company policy you need to consider as well. It’s a slippery slope with the cell phone thing. This is why a lot of companies are moving to no cell phone use whatsoever of any type. Including using it with a headset, using it as a GPS, using it to listen to podcast, basically pretend you’re back in the early 1980s when there was no cell phones at all. What companies are finding is happening if they say OK you can make headset calls. People are still using the phone to get distracted. Well it’s OK for me to pull up my contacts through them. Find the call that I wanna make and push the button. Same thing when it comes using it for music listening etc, you’re still gonna end up messing with it.

    I just put my cell phone in the bunk and forget it exists until I’m off duty.
     
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  6. 201

    201 Road Train Member

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    In Colorado, it's illegal to even hold a cell phone, driving or not. Hands free is an exception, and is considered a secondary offense, meaning the officer has to pull you over for something besides the cell phone. Shouldn't be too tough,,
     
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  7. Long FLD

    Long FLD Road Train Member

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    I stopped reading when you said you stopped half a football field away from the crossing.
     
  8. Brandt

    Brandt Road Train Member

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    Technically they could write someone a ticket I believe. Cops can hide at traffic light a write someone a tick if they see someone on phone. You see how different states word it to now say hand held devices or something

    If you have cellphone in a holder you can push one button to call or switch song that legal. Your better off with Bluetooth headset and you can control phone with voice commands

     
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  9. buzzarddriver

    buzzarddriver Road Train Member

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    For every rule, there is an exception.
     
  10. ElmerFudpucker

    ElmerFudpucker Road Train Member

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    Depends on the state. Georgia recently changed to allow usage in the situation. Previously it was a no. If you are on a public roadway you cannot. Some state legislator got a ticket for texting at a red light and got the law changed. Funny how that happens.
     
  11. tscottme

    tscottme Road Train Member

    Your reasoning may be common, practical, same level of safety as the regs but the regs count, not your reasoning. The regs don't require you to agree or understand before they can be enforced.

    Too many drivers have their phone mounted so the whole world can see them any time they touch their phone or glance at it. That's asking for tickets. One driver I know used a Bluetooth keyboard/mouse pad so he never touched his phone.

    https://a.co/d/bGHQzrf
     
    Last edited: Apr 17, 2025
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