Viewing Movies on Phone/Tablet - Citing Uniform Violations

Need uniform guidance on how to properly cite a driver for watching videos on a tablet or cell phone while driving a CMV. 393.88 prohibits a television viewer or other means of visually receiving a television broadcast from being located so that it would be visible to a driver while they are driving. This is not sufficient to include videos being watched via an internet connection on a phone or tablet, since it is not a television broadcast. A general definition of television broadcast is using public airwaves to transmit programs.

This is a widespread issue with deadly consequences. This is just one headline: “Arizona truck driver watching TikTok kills 5 people as bodycam footage shows aftermath of deadly crash.”

There needs to be a way to uniformly document this violation on all levels of inspections. Additionally, the SMS/CSA point system needs to be updated to make the points associated with the violation to be an additional deterrent. 2 possible ways to document the violation: 1. 390.17 Additional equipment and accessories – which indicates that additional equipment and accessories are allowed as long as it does not decrease the safe operation of the CMV on which they are used. Or 2. 392.2 specific violation for viewing video content on a tablet or cell phone. This option requires the state to have a state law on the books that prohibits such activity.