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Federal law bans hand-held phone use by commercial truck drivers—yet violations happen every day on Texas highways. If a distracted trucker injured you, those violations create powerful evidence in your case.
Updated April, 2026
Under 49 CFR 392.82, the Federal Motor Carrier Safety Administration (FMCSA) prohibits commercial truck drivers from using hand-held mobile phones while operating their vehicles. This rule has been applied since January 3, 2012. It applies to:
The rule covers a driver whenever the engine is running, including when the truck is temporarily stopped due to traffic or a traffic control device. Pulling into a rest stop or turning off the engine creates an exception; idling in traffic does not.
| KEY DEFINITION: ‘DRIVING’Under FMCSA rules, ‘driving’ includes any time the engine is running—even if the truck is not moving. A trucker stopped at a red light is still ‘driving’ for purposes of the cell phone prohibition. |
Some drivers and trucking company managers are unclear about the scope of these rules. The following table provides clarification.
| Holding a phone to make or receive a call | PROHIBITED | Minimal distraction if the driver does not reach or lean |
| Manually dialing (more than one button) | PROHIBITED | Multi-button dialing increases crash odds 6× |
| Texting, emailing, or sending any message | PROHIBITED | Covered separately under 49 CFR 392.80 |
| Reading texts, emails, or web pages | PROHIBITED | FMCSA ‘texting’ includes reading, not just writing |
| Hands-free earpiece / Bluetooth (single button) | PERMITTED | Device must be within easy reach; one-touch activation |
| Speed dial / one-button answer in normal seat position | PERMITTED | Voice-guided navigation does not require holding a device |
| Calling emergency services (911) | PERMITTED | Explicit exception under the rule |
| Mounted GPS / navigation — no touch interaction | PERMITTED | Voice-guided nav does not require holding a device |
| Speakerphone placed on seat (not in easy reach) | PROHIBITED | Reaching for a phone triples crash risk alone |
The FMCSA’s standard for hands-free use is more rigorous than many drivers realize. The device must be within arm’s reach, allowing activation with a single button-press while the driver remains seated and seatbelted. Phones on the passenger seat, in a cup holder requiring reaching, or positioned out of easy reach do not satisfy this requirement.
Penalties for cell phone violations are substantial because the risks associated with commercial trucks are greater than with passenger vehicles. The penalty schedule is outlined under 49 CFR 392.82.
| Driver | Up to $2,750 | Per violation (civil penalty) — 49 CFR 392.82 |
| Motor Carrier | Up to $11,000 | Per violation if company allowed or required prohibited phone use |
| CDL Holder (repeat) | 60–120 day disqualification | 2+ serious traffic violations in a 3-year period |
| Carrier Safety Score | SMS record entry | Raises carrier insurance costs and audit risk |
These penalties are very relevant to an injury lawsuit. A driver’s history of violations is discoverable in litigation. Repeated violations can support a claim for punitive damages against the trucking company under Texas law.
For years, Texas had no statewide texting ban. That changed when Governor Greg Abbott signed House Bill 62 on June 6, 2017. The law took effect on September 1, 2017. Under Texas Transportation Code §545.4251, all drivers in Texas are banned from using portable wireless communication devices to read, write, or send electronic messages while driving.
| IMPORTANT: FEDERAL RULES ARE STRICTER THAN TEXAS LAWFor commercial truck drivers, FMCSA regulations preempt state law and are considerably broader. Texas HB 62 bans texting; FMCSA rules also ban hand-held calls, manual dialing, and any phone interaction requiring more than a single button press. An experienced truck accident attorney will pursue violations under both sets of rules. |
The FMCSA established harsh penalties based on data showing how drivers interact with phones inside commercial truck cabs.
| 23×Higher crash or near-crash odds when a CMV driver texts vs. does not (FMCSA research) | 6×Higher crash odds when a CMV driver manually dials a phone (FMCSA research) | 371 ft. Distance traveled at 55 mph during the 4.6 seconds a trucker’s eyes are off the road while texting—the length of a football field, including end zones |
The FMCSA’s Crash Causal Factors Program found that driver inattention and distraction were leading factors in large truck crashes. About one in ten large truck crashes in 2024 involved driver distraction as a contributing factor. Big rigs take much longer to stop, making the distraction even riskier.
Cell phone violations are valuable in litigation because they create an objective and timestamped record. Fatigue or inattention must often be inferred. However, a call or text at the time of impact is documented to the second by wireless carrier data.
If a truck driver who struck you was using their phone at the time of the crash, that evidence transforms your case. Here is how an experienced truck accident attorney in Houston leverages that proof:
Your attorney can subpoena the driver’s wireless carrier records right after filing suit. These records show every call, text message, data transfer, and app session—each precisely timestamped. If this data shows activity at the moment of the crash, you have direct proof of a federal violation.
Under Texas law, violating a federal safety regulation designed to protect the public can constitute negligence per se—meaning the driver is automatically deemed negligent. You do not need to prove they acted unreasonably; the regulation sets the standard of care, and failing to meet it is the breach.
If the carrier knew about earlier phone violations and kept the driver on the road, it may face independent liability. If the company pressured drivers to stay reachable while driving, it may face liability for negligent retention and possibly punitive damages.
Phone records, dash cam footage, electronic logging device (ELD) data, and the truck’s event data recorder can be lost or destroyed. Sending a spoliation demand through an attorney as soon as possible protects your right to that evidence.
Can truck drivers use cell phones while driving?
Yes. Only a compliant hands-free device is allowed. FMCSA regulations say a commercial driver may use a mobile phone only if they can press a single button while seated. Holding a phone, manually dialing, or texting are all banned while the engine is running.
What is the fine for a truck driver caught using a hand-held phone?
Individual drivers face civil penalties up to $2,750 per violation. Motor carriers who allow or require prohibited phone use face fines up to $11,000 per violation. Two or more serious traffic violations within a 3-year period can result in a CDL disqualification of 60 to 120 days.
Does Texas have its own cell phone law for truck drivers?
Yes. Texas House Bill 62, effective September 1, 2017, bans all drivers from sending or reading electronic messages while driving under Transportation Code §545.4251. However, federal FMCSA rules are stricter and also ban hand-held phone use in all forms, not just texting.
How do I prove a truck driver was on their phone during my accident?
An experienced truck accident attorney can subpoena the driver’s wireless carrier records. These records include timestamped logs of every call, text, and data session. If the records show phone activity at the moment of your crash, you have direct, objective proof of a federal violation.
Can I sue the trucking company if the driver was on their phone?
Yes. Trucking companies can be held liable under the doctrine of respondeat superior. Beyond vicarious liability, if the company had a policy permitting or encouraging phone use while driving, it could face independent negligence liability—and potentially punitive damages under Texas law.
Is a trucker using GPS a violation?
It depends. A mounted navigation app with voice guidance that does not require the driver to touch or hold the screen is usually compliant. Swiping, re-routing by touch, or holding the device while driving can break FMCSA rules.
Call The Texas Truck Accident Lawyer at (281) 893-0760 for Your Free Consultation!
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