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Trucking 20 MPH Over in a 35 MPH Zone

The State of California and the Federal Motor Carrier Safety Administration (FMCSA) look at speeding 20 mph over the limit for a trucker or other commercial driver’s license (CDL) holder a lot differently than most people look at a speeding violation. In fact, a 15 mph over conviction in a commercial motor vehicle (CMV) is a serious violation in the eyes of the FMCSA.

According to the Federal Motor Carrier Safety Regulations (FMCSR), 49 CFR 383.51, Disqualification of Drivers, when a person who is required to have a CDL and is driving a CMV is convicted of a second serious offense within a three-year timeframe, they are subject to a 60-day disqualification from commercial driving. A subsequent or third conviction will result in a 120-day disqualification.

The Negligent Operator Treatment System (NOTS) as it Applies to CDL Holders

The DMV maintains a NOTS method of warnings and notifications for drivers that have been convicted of traffic moving violations and at-fault accidents. This system mandates a fifty percent harsher penalty assessment for conviction in a CMV compared to the same offense in a private vehicle. Let’s say, for example, a CDL holder is convicted of a speeding violation of 20 mph over the speed limit, they would be assessed 1.5 NOTS points, whereas the same driver in their private vehicle would receive only 1 point. Now, the CDL holder can only get 2.5 more points before being issued an order of suspension/probation by the DMV for having received 4 NOTS points within 12 months, 6 within 24 months, or 8 within 36 months.

In addition, the driver who was convicted for 20 mph over the speed limit in their private vehicle can still sometimes attend a state-approved traffic course to mask the conviction from their insurance company and maintain the same premium; however, the same violation in a CMV is not allowed to attend a traffic course and must notify their employer of the conviction within 30 days. However, it is quite likely the employer will be notified by the Employer Pull Notice (EPN) system anyway.

The Employer Pull Notice (EPN) Program

The EPN is a program that allows employers to monitor or track their employee’s motor vehicle driving record (MVR). Additionally, an employer recruiting drivers can compare driving records of potential employees and government agencies can monitor the overall record of companies that employ limousine, bus, charter, and other drivers to evaluate their record of dependability and service.

CA Vehicle Code (CVC) 1808.1, Records of Departments establishes who shall participate and how often an MVR is sent to the employer, which is upon request or enrollment, annually on the anniversary date of enrollment, and after a conviction or at-fault accident of an employee enrolled in the program.

Therefore, when the CDL holder who is enrolled in the EPN Program by their employer is convicted of speeding 20 mph over the limit, the DMV automatically send a pull notice to the employer. The best possible scenario after receiving a ticket for going 20 mph over the speed limit is to hire a local Central Valley traffic ticket attorney to represent you in traffic court.

Hire a Local Lamont Lawyer

Call Bigger & Harman, 661-349-9300 to inquire about the specifics of your ticket or email: attorney@markbigger.com. Se habla Español 661.349.9755.

Read our Nolo.com write-up, Nolo is the nation’s biggest online inventory of legal professionals. Additionally, read the comments left by our clients on Yelp to get a better understanding of the process ticketed drivers face in traffic court. Keep in mind that not everyone will have a success story, but whatever your result, it will be better than pleading guilty and paying the fine. More people would challenge their tickets if they could see the final outcome. The cost of the fine plus increased insurace3 premiums will almost always cost you more than an attorney, but you will never get a dismissal of charges when you just pay the ticket. For truckers and other CDL holders, it can be career ending, just for a simple speeding ticket for 20 mph over.

Read our Yelp reviews written by our clients, “As a CDL holder, any kind of ticket is exponentially more important to your driving record, career prospects, & pay potential. Bigger & Harman was able to get a 23mph over ticket on the grapevine completely dismissed!” - Michael H., Templeton, USA

Although not everyone can expect the same results, we will do everything possible to get a positive result for you and we have an excellent reputation with CDL holders.