Under both California state law and federal regulations, commercial drivers are strictly prohibited from using handheld mobile phones or texting while operating a commercial motor vehicle (CMV).

What Counts as a Violation?

According to California Vehicle Code § 23123.5 and § 23123, a commercial driver is in violation if they:

  • Hold a phone in their hand for any reason (talking, texting, using GPS)
  • Send or read a text message
  • Dial a phone number manually while driving
  • Reach for a device in a way that requires them to move out of a seated, belt-fastened position

Hands-free devices (like Bluetooth or voice-command systems) are typically allowed—as long as you don’t touch the device more than one swipe or tap.

How It Affects Your CDL

The Federal Motor Carrier Safety Administration (FMCSA) treats cellphone and texting violations as serious offenses. Here’s what that means:

  • First violation: Up to $2,750 fine for the driver; possible disqualification.
  • Second violation (within 3 years): Mandatory 60-day disqualification of your CDL.
  • Third or more: Up to 120-day disqualification.
  • Employers can be fined up to $11,000 if they allow or require a driver to use a hand-held device.

In California, the DMV will also add points to your driving record, and your insurance rates may increase.

Key Code References:

  • CVC § 23123.5 – Texting while driving
  • CVC § 23123 – Using a handheld phone while driving
  • 49 CFR § 392.82 – Federal prohibition of handheld mobile use for CMVs

Real-World Consequences for CDL Drivers

Example 1: A truck driver in Modesto answers a call while holding their phone in traffic. They’re pulled over and cited. Result: 1 point on their CDL, a hefty fine, and a mark on their safety record—possibly impacting future job opportunities.

Example 2: A driver texts while moving through a construction zone. They cause a minor fender-bender. Now, in addition to the texting violation, they face increased liability, possible lawsuit exposure, and employer penalties.

Tips to Stay Compliant

  • Use hands-free devices only
  • Program your GPS before driving
  • Pull over safely to make a call or text
  • Keep your phone out of reach while driving to avoid temptation

Need Help Protecting Your CDL?

At Scott Mitchell Law in Modesto, California, we understand that one mistake shouldn’t cost you your job. If you’ve been cited for using a phone or texting while driving, don’t just pay the ticket—you could lose your CDL. Our team will review your case, fight the violation, and work to keep points off your record and protect your driving future.

Contact Scott Mitchell Law today to speak with a skilled CDL traffic attorney who knows how to defend California truck drivers. Your livelihood is worth protecting—we’re here to help.