CA Vehicle Code VC35784 makes it illegal to disobey or disregard any provision or term of the
special permits, but makes accommodations for alternate routes when traveling
on the proposed route would violate a local ordinance; however, the detour
must be to a nonresidential roadway or street. This stipulation allows
for a detour as long as the driver returns to the original route as quickly
as possible after any deviation. Violations of VC35784 on Highway 99 or
any freeway in CA is a misdemeanor offense, which is a very serious offense
for a commercial driver’s license (CDL) holder and a conviction
can end a trucker’s career. You will need legal representation when
accused of this crime.
Special permits and routes are the responsibility of the Department of
Transportation (DOT) in California (Caltrans), which is the discretionary
authority for highway or lane closures, highway information, CHP incidents,
and is the point of contact for special permits. Click
here for information and forms to apply for special permits pertaining to routes,
overweight or overwide trucks, and other variances or
here to view weight charts. Or, you should click on this
link to view the Overweight/Oversize Permit Manual, which also provides information
on requirements for pilot cars, holiday transports, and restrictions for
the San Francisco/Oakland Bay Bridge (SFOBB).
Sharing the Blame/Penalty
Although, VC35784 (d) states that “The guilt of an employee or independent
contractor under subdivision (c) shall not extend to the permittee…”
or the corporation/employer unless they are responsible for the action
taken by the driver, it is probably rare for a driver, particularly a
driver not familiar with the route, rules, and regulations to make a decision
to alter the route or provisions of the special permits. Though, there
probably are instances when a driver faced with a deadline and a traffic
jam on Highway 99 may opt to detour to another route to make up time.
The penalties for violating the special permits according to VC35784 are
steep, a conviction can lead to a base fine of $500 plus state and county
assessments, which will bring the total fine to more than $2000 and when
the ticket includes an overweight charge, there will be an added fine
for that, usually $1.00 per pound over after penalties, fees, and assessments.
Traffic Ticket Defense Lawyers
Although jumping off a traffic-jammed Highway 99 may seem like a good way
to shave time off your delivery schedule, when you are hauling hazardous
material (HAZMAT) or any cargo requiring the special permits for specific
routes, it could be a violation of VC35784, a misdemeanor in CA and more
expensive than it is worth.
Therefore, when you get ticketed on Highway 99 In Kern, Kings, or Fresno
County and you are scheduled in traffic courts such as Bakersfield, Delano,
Tulare, Visalia, Fresno, or any court in the Central Valley and even a
few in SoCal, like Riverside, LA, or San Bernardino, call Bigger &
Harman, 661-349-9300, to help you with a major traffic ticket for a violation
of VC35784. Or email:
firstname.lastname@example.org and arrange for your FREE phone consultation or office visit.
En español, llame al 661-349-9755.