haulrecordFMCSA data

Violation codes / 392.82A1

49 CFR 392 · Driving of commercial vehicles

392.82A1

What it means

Using a hand-held mobile telephone while operating a CMV

What the rule actually says

This violation cites 49 CFR 392.82, using a hand-held mobile telephone. The regulation reads:

(a)(1) No driver shall use a hand-held mobile telephone while driving a CMV.

(2) No motor carrier shall allow or require its drivers to use a hand-held mobile telephone while driving a CMV.

(b) Definitions. For the purpose of this section only, driving means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain s…

The section continues.

49 CFR 392.82, Using a hand-held mobile telephone. Read the full section on eCFR

Quoted verbatim from the Electronic Code of Federal Regulations. Nothing here is a paraphrase, and nothing here is legal advice on a citation.

Times recorded14,0133% as often as 393.9, the most cited
How common190thof the 200 most cited codes, out of 2,372 that exist
Regulation392.82Driving of commercial vehicles

How often this comes up

This violation was recorded 14,013 times across the roadside inspections in the FMCSA file, making it the 190th most frequently cited code. Whether a given instance puts a vehicle or driver out of service is decided at the roadside by the inspector, not by the code itself, so the same violation can end a trip or simply be noted.

It sits under 49 CFR Part 392, which covers driving of commercial vehicles. To see it in context, look up a carrier and read its inspection history: the same code appearing repeatedly is a different signal from a single occurrence.

Look up a carrier's inspection record

Other driving of commercial vehicles violations

Counts are from the FMCSA Inspections and Violations file via data.transportation.gov. This describes how the violation is recorded, and is not legal advice on a citation.