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Keeping Your CDL in Good Standing

Keeping your commercial driver’s license (CDL) in good standing is not as easy as the average non-commercial driver would believe. Many commercial drivers spend seventy percent of their workweek or more on the road. Even though over-the-road truckers (OTR) spend the most time in their vehicles and away from home, even local, delivery drivers spend eight to ten hours per day in their vehicle making deliveries. Therefore, it would seem with the hours they spend in their vehicles, the odds of their making a mistake would be much higher than the average driver.

The Employer Pull Notice (EPN) Program

The EPN program falls under CA Vehicle Code (CVC) 1801.1 gives employers a method to check a new driver’s record, monitor their driver’s motor vehicle record (MVR), and provides automatic notification under the following circumstances:

· Initial enrollment in the EPN

· Annually

· Convictions

· Failure to Appear (FTA)

· Accidents

· CDL revocations or suspensions

The program was initiated to:

· Improve public safety

· Minimize employer liability

· Notify employers about driver behavior

· Ensures employers know their drivers have a valid CDL

The EPN program assists with communications between the Department of Motor Vehicles (DMV) and CA employers to provide negative feedback about potential future and current drivers.

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

The NOTS is another DMV initiative to assist regular drivers, CDL holders, and employers through a warning system of automatic letters and notification at certain levels. These four levels are:

Level I. Generates a warning letter for two points within a year, four points within two years, six points within three years, or any major conviction.

Level II. Generates an Intent to Suspend notice for three points within a year, five points within two years, seven points within three years, or any major conviction.

Level III. Generates a probation and suspension for four points within a year, six points within two years, eight points within three years, when no rebuttal is received by the DMV (see the NOTS Hearing info below). The one-year probation and six-month suspension will run concurrently.

Level IV. Generates an additional suspension and probation for any violation or FTA during the probation and suspension period.

CVC 12810 requires the DMV to assign NOTS points for any conviction of a moving violation under CVC or notification of at-fault responsibility (any percentage higher than 0%) in motor vehicle accidents from law enforcement (LE) officials. This system assesses zero points for non-moving violations, such as a broken taillight, one point for minor convictions of violations of the CVC, such as running a red-light, and two points for major infractions, misdemeanors, and felonies of the CVC, such as speeding over 100 mph.

However, CDL holders who are convicted or have an at-fault accident in their CMV are assessed 1.5 times the points for each conviction or accident. In other words, a minor infraction is assessed 1.5 points and a major infraction, misdemeanor, or felony is assessed three points.

To request a copy of your MVR, register on ca.gov and submit the INF 1125.pdf. To request an NOTS Hearing, call or write the DMV Safety Branch nearest you.

Call the Bigger & Harman Traffic Ticket Defense Team

In the south-central CA area, the best traffic ticket defender team isBigger & Harman. Paul and Mark are proud to represent professional drivers, who are often victims of a system designed to make life very difficult for them. Bigger & Harman have a special reputation with truckers and other CDL holders.

They have a vast knowledge of CVC since they only practice traffic law in CA traffic courts. Bigger & Harman know the challenges of maintaining your license and keeping a driving job. Additionally, they have a respected reputation in traffic courts across south-central CA.

Call Today!

If you received a ticket and you are a CDL holder, you know how important it is to maintain your CDL in good standings. Many employers now have a zero-defect mentality and will terminate your employment on the spot for any driving infraction.

Even when the infraction was in your private vehicle you must notify your employer of any conviction. When you need assistance from a traffic ticket defense attorney in San Bernardino, Riverside, Inyo, and LA County, or another south-central CA county, you should call the professionals at Bigger & Harman, 661-349-9300, or email: attorney@markbigger.com. They will set up an appointment for you to discuss your circumstances, with no obligation.

En español, llame al 661-349-9755.