In California, the commercial driver’s license CDL point system or
Negligent Operators Treatment System is a little different than the system
used for the average driver. Although both systems are used to monitor
the driving habits and behavior of licensed drivers and when you are convicted
for a moving violation in this State, points are assigned to every drivers’
Motor Vehicle Record (MVR). However, the state expects a little more from
those who spend nearly 70 or 80 percent of their time on the road and
assess more points under the CDL point system.
CDL Point System versus a Private Driver's License Under NOTS
The number of points you get on your record for each violation you are
convicted of will depend on the type of offense committed. Driving privileges
can be withdrawn or suspended if you accumulate a number of points within
a period of time. According to either the NOTS point system or the CDL
point system, a driver will have their license suspended under the following
· Receiving at least four points within a year
· Receiving six points or more within a two-year period
· Receiving eight points or more within a three-year period
However, a CDL holder will get 1.5 points for each 1 point violation.
A CDL is granted to people who want to work for companies operating commercial
motor vehicles (CMV) after training and testing on the CMV they need to
operate. These tests are known as endorsements. These endorsements must
match the vehicle or hazardous material the driver will be operating.
Some vehicles require that you apply for endorsement to operate or a special
certificate stamped on the CDL, such as ambulances, buses, and tankers.
All these also require specialized tests and training. A CDL requires the
driver to provide a ten-year driver’s record to their employer and
must report any new convictions to their employer within 30 days.
Non-delegable duty essentially means that the owner of the vehicle or goods
being transported to market profits from the driver who delivers the goods
to market and cannot delegate to the driver the responsibility for the
safe operation of the vehicle. This is a legal condition known as “vicarious
liability.” In case of an accident, the owner may not pass off the
responsibility to the driver, unless there is verifiable negligence, intent
to cause harm, such as in “road rage,” or the vehicle driver
is a private contractor.
Even in the case of a driver’s DUI, the owner can still be held liable
or partially at fault. Take for instance, the
Purton v. Marriott trial, where the 4th California (CA) District Court of Appeal ruled that
an employer may be held liable when they serve alcohol at a company function
or party and an employee later causes an accident.
But, these cases are rare and complex; therefore, you should always consult
with a professional traffic ticket attorney to sort out the details when
you have been accused, directly or indirectly, and when found fully or
partially responsible for an accident.
In case of such an occurrence, it would take the intervention of a traffic
ticket attorney with good knowledge of the local officers and judges to
beat the ticket!
When you, as a commercial driver are accused of a traffic violation, particularly
those that will lead to a suspended license under the CDL point system
in Kern County, or other California counties, such as Kings, LA, Tulare,
or Riverside, contact the Law offices of Bigger & Harman for legal
counsel. Give Mark or Paul a call and explain your circumstances, 661-349-9300.
Or, send them an email today,
En español, llame al 661-349-9755.