I have a traffic appeal set for trial in county court at law next month. After reviewing the complaint, I see that the offense is a violation of 49 CFR 392.82, which prohibits a commercial vehicle operator from using a handheld mobile phone while driving. Can I even prosecute this federal offense? There is no reference in the complaint to a state law that was violated.

The state offense is Transportation Code 644.151(a)(1). This makes it a criminal offense to violate a rule adopted under the authority of Chapter 644. Section 644.051 authorizes the Director of DPS to adopt rules regulating the safe transportation of hazardous materials and the safe operating of commercial motor vehicles. Any rule adopted must be consistent with federal regulations including federal safety regulations. The Director adopted 49 CFR part 393 (including 392.82) in 37 Tex. Admin. Code 4.11(a). You are not prosecuting the driver for a violation of the CFR rule. You are prosecuting the driver for a violation of a Texas administrative rule adopted pursuant to the authority granted by statute. Let me know if you have questions.

The above is spot on (and an excellent resource for questions regarding DPS enforcement!). If you're going to be handling many of these cases, I strongly recommend arranging a sit-down with your local CVE (Commercial Vehicle Enforcement) DPS officers so that you can get a feel for the differences between their training and focus as opposed to regular Highway Patrol Troopers.

Thanks, good info. This forum has saved my bacon more than once.