§392.80 prohibits a CMV driver from texting while driving. "Texting" is defined broadly to include any short-message, email, instant message, or web-page interaction that requires reading from or entering data into a device. The companion §392.82 covers hand-held phone use; together they form FMCSA's distracted-driving regime.
Severity weight + carrier penalties
Severity weight 10 in the Unsafe Driving BASIC — tied with §392.3 and §392.82 at the top of the table. §390.5 makes "allowing or requiring" a driver to violate §392.80 a separate offense at up to $11,000. Carriers whose dispatch model relies on texting drivers en route inherit the carrier-side exposure.
CDL impact
Two convictions in a separate three-year period: §383.51(b) "serious traffic violation" — 60-day CDL disqualification on second conviction, 120 days on third.
How to prevent it
- Publish a written no-texting policy and retain the acknowledgment in §391.51.
- Configure fleet messaging tools to block driver-side input while the vehicle is moving.
- Replace texting workflows (load updates, ETA, paperwork) with hands-free voice or pull-over dispatch.
- Pull phone records after any incident — text discovery is routine in CMV litigation.
How Roadworthy HQ helps
§392.80 citations record into the driver's record, link to the §391.25 annual review, and surface against the disqualification countdown when a second conviction lands inside the three-year window. The policy and acknowledgment retain in the audit binder for FMCSA review.