How the DMV Administers NOTS & the EPN Program for CLD Holders
The CA Department of Motor Vehicles (DMV) is authorized to assess Negligent Operator Treatment System (NOTS) points under CA Vehicle Code (CVC) 12810, Issuance and Renewal of Licenses. When the court sends notice of a conviction, or an investigating officer determines a driver is more than 0% responsible for an accident, the DMV assesses NOTS points.
For non-commercial drivers, one NOTS point gets assessed for a minor infraction of the CVC. Minor infractions include moving violations such as speeding less than 100 mph, failure to stop for a stop sign or red light, and all at-fault accidents.
Two points get assessed for convictions of a major infraction (speeding 100+ mph), misdemeanors, such as leaving the scene of an accident with damages only, and felonies. Leaving the scene of a collision with an injury, no matter how slight, is a felony.
However, CVC 12810.1 with the same title authorizes the DMV to assess 50 percent more NOTS points to CDL holders for violations of the CVC. In other words, when a non-CMV driver gets one point, a CDL holder gets 1.5, and 2 points for regular drivers generate 3 points for the CDL driver.
How the EPN Program Works
The CA Legislature and CVC 1801.1, the EPN Program, authorizes the DMV to administer the Employer Pull Notice (EPN) Program. This program allows an employer to register to receive notices of changes to a driver’s motor vehicle driving record (MVR).
When an employer registers with the DMV, they are assigned a program number. This number is associated with every driver they enroll in the program, from initial registration until termination of employment.
The employer can request an MVR on the driver within 45 days of employment. Therefore, they receive a notice of the driver’s MVR before a hiring action. The employer then gets an annual update or a notice when substantial changes occur such as when NOTS points get added, or an at-fault accident is reported.
Although any employer can use the EPN Program, it has the most significant effect on CDL holders. The EPN Program is mandatory for CDL employers in CA.
Many large firms who employ CDL holders use a zero-defect approach to moving violations. Even violations in a private vehicle might be looked at by management as careless, and they might terminate the driver, even though it might not necessarily affect their fleet insurance. Therefore, it is essential that CDL holders consult with a traffic attorney before deciding to accept any moving violation.
Trust Your CDL Record to Experienced Traffic Attorneys On Your Woodland Ticket
For traffic tickets received in the Woodland, South Lake Tahoe, Truckee, Placerville, Roseville, or Sacramento area call Bigger & Harman at (661) 349-9300.
We understand the situation a CDL holder faces. Call us to discuss any moving violation or DMV Hearing.
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