CA Vehicle Code
Permits and Agreements forbids any deviation from the prescribed route without orders from a
law enforcement officer (LEO) unless continuing along that route would
violate local traffic laws. Additionally, if the driver on special permits
is required to change routes, they must get back on the approved route
as soon as possible after the necessary detour.
Truckers with Special Permits Are a Special Breed
Think about it, while you’re sitting at home with your family eating
turkey and pumpkin pie during the holidays, truckers are out there eating
dinner in a “greasy spoon” all alone. Sure, this is the career
they have chosen, but someone needs to move those consumer goods from
the ports to distribution points for onward movement to retailers.
Two of the largest ports in the USA are right there in Southern California
and many of those trucks will move their cargo on I-5 and SR-99 through
the Central Valley. Although most do not require special permits for their
cargo, those that do are under a lot more stress and regulation. These
drivers with special permits are still required to take the mandatory
30-minute break every eight hours; however, because of their cargo they
are not allowed to leave their trucks.
These truckers spend most of their day, five or six days a week out there
on the roads moving goods for Americans. Yet, California penalizes commercial
motor vehicle (CMV) drivers 50 percent more Negligent Operator Treatment
System (NOTS) points for moving violations than their non-commercial driving
peers. If you get a two-point moving violation, they get a three-point
In addition, if you're on a special permit hauling explosive and you
get off the freeway to avoid a traffic jam or alter your route in any
way without permission, it is a violation of CVC 35784 and could cost
you a $4175.00 fine. In fact, any violation of your special permits could
result in a minimum $500 fine. And, worse yet, if you were given written
direction for the route by fleet management or your employer, they are
under no obligation to assist you with your defense or the fine if convicted.
The Federal Motor Carrier Safety Regulations and Disqualifications
And, the Federal government is no less stringent. According to the Federal
Motor Carrier Safety Regulations (FMCSR), just two tickets in a CMV for
"excessive speeding," 15 or more miles per hour over the limit
within a three-year period will get you a 60-day non-paid vacation or
disqualification for a commercial driver’s license (CDL) holder
driving a CMV if you still have a job. Many fleet employers have a zero-tolerance
policy; just one ticket and you could be gone. Many private citizens don't
realize the penalties on truckers are so harsh compared to their peers.
It’s a “Catch-22” in many cases, languish in traffic
and miss your delivery time or alter your route and get slapped with a
four thousand dollar fine.
Most Truckers Are Smarter than Their Non-CMV Peers
Most truckers and other CDL holders, with or without special permits, when
ticketed for a point bearing violation, immediately call a traffic ticket
attorney for a consultation. Ninety-five percent of their non-CDL holding
peers will just pay the fine even when that means NOTS points and a significant
rise in their insurance premiums, which over the minimum three-year period
the ticket will remain on their motor vehicle driving record (MVR), seven
years for speeding over 100 mph.
The first thing to go obviously is your “good drivers” discount,
which you can’t get back until DMV removes the record of conviction
from your MVR. Until then, you will be placed in a higher risk category,
which leads to a higher premium in addition to the fine you so easily
gave to the State.
Contact a Central Valley Traffic Ticket Lawyer
When accused of a violation of special permits for your CDL or any traffic
ticket, call Bigger & Harman, 661-349-9300, or send an email:
email@example.com for consultation. A consultation does not always mean you will need to
hire them to represent you in traffic court, sometimes traffic court is
not necessary, but they know that better than anyone because they are
in traffic court representing their clients almost daily and they know
which tickets need a lawyer and which do not.
In Kings or Fresno County, where I-5 and SR-99 are large source of traffic
tickets for CDL holders, Bigger & Harman have an excellent reputation
with truckers and the courts. Whether you have an appearance scheduled
in Hanford or Fresno, call the traffic ticket defense team most CDL holder
trust. If you have any doubt about that reputation or their service, check
the comments on
Avvo left by clients. You can even contact them on
Se habla Español 661.349.9755.