*please see the following alert from our friends at Scopelitis, Garvin, Light, Hanson & Feary

FMCSR Mobile Phone Ban 

Effective January 3, 2012, the Federal Motor Carrier Safety Regulations (“FMCSR”) will prohibit commercial drivers from using hand-held mobile phones while operating a commercial truck or bus. Violations of the rule can result in fines of up to $2,750 to drivers and $11,000 to motor carriers.  Habitually offending drivers of this new rule can be disqualified from operating a CMV. This ban can also create additional hurdles for accident liability claims.   
 
With this fast approaching deadline, motor carriers should act quickly to ensure compliance.  To assist with this process, Schopelitis has prepared sample notices for both employee and independent contractor drivers.  Both of the these forms are available to Brightstone clients for a flat fee of $200.  The forms achieve the goals of providing ample notice to the drivers of this change in the law and memorializing the motor carrier’s commitment to the compliance.  Also, to the extent allowed by law, the employee driver form includes a reimbursement provision for situations where a motor carrier incurs a fine because of the employee driver’s non-compliance. The independent contractor form references the independent contractor agreement indemnity language for situations where a motor carrier incurs a fine because of the independent contractor’s non-compliance.
 
If you would like to obtain these forms, please contact Allison Smith at either (317) 637-1777 or asmith@scopelitis.com.  Please mention that you were referred by Brightstone.   
 

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