Were you caught speeding in your commercial motor vehicle (CMV) heading north or south on I-5 outside Woodland, CA, recently? Maybe you’re wondering what’s next. Should you pay the fine or challenge the speeding ticket in traffic court? You should call Bigger & Harman for a free consultation.
Speeding in a CMV
Speeding in a CMV can be an expensive proposition. Many drivers coming south from Oregon are not aware of the statewide 55 mph speed limit for almost all CMVs.
CA Vehicle Code (CVC) 22406, Other Speed Laws requires that no driver of a commercial vehicle in these classes shall exceed 55 mph:
- Motor trucks or tractor-trailers with more than three axles
- Passenger vehicles or buses towing a trail vehicle
- A school bus with pupils
- Farm labor vehicles that are transporting passengers
- Vehicles that transport explosives
Those vehicles with calibrated vehicle speed sensors (VSS) set above 55 mph might get surprised when pulled over for speeding. Many trucks are governed at 62-65 mph. Many CHP are continually looking for truckers going more than 55 mph, while a passenger vehicle speeds by at 85.
CMV Speeding Consequences Versus a Non-Commercial Driver
If you get convicted of speeding in your CMV, you will get assessed 1.5 Negligent Operator Treatment System (NOTS) points versus just one for a regular driver. Although CMV drivers spend up to 11 hours per day driving, they get a 50 percent hike in NOTS penalties despite the increased exposure.
Likewise, a CMV driver convicted of a moving violation is looking at NOTS points that will stay on their motor vehicle driving record (MVR) in CA and on their Pre-Employment Screening Program record for three years. Even though this is the same as a regular driver, fleet managers typically will not hire a CDL holder who gets convicted of a moving violation. Therefore, the driver convicted of speeding in a CMV who is looking to sign on with a higher-paying firm might find their choices limited.
The CMV driver will also get assessed Compliance, Safety, and Accountability (CSA) Points depending on their speed. For speeding 6 to 10 mph over the speed limit or the safe speed according to conditions is four CSA points, 7 to 14 mph over is 7 CSA severity points, and 15 or more is a ten-point maximum severity assessment and a “serious offense.”
Those guilty of two serious offenses in the same Behavior Analysis and Safety Improvement Categories (BASICs) category within three years of the first, such as unsafe driving, will get a 60-day driving disqualification from the FMCSA, and a third in the same timeframe will result in a 120-day suspension.
An unsafe lane change or following too closely conviction are also unsafe driving violations. Plus, if you get any violation conviction within the same category within six to twelve months, your fleet and your severity points are multiplied by a time-weight of three. One to two years have a time-weight multiple of two.
Fleets with a Safety Measurement System (SMS) percentile of 75 to 100 based on the number of vehicles and miles driven will always get stopped for roadside inspections, 50-74 have an increased likelihood of getting stopped, and 0-49 are usually considered safe.
Therefore, fleet managers do not want drivers with moving violation convictions as it will increase their fleet insurance premium and the likelihood of every truck getting stopped for inspection.
Woodland, CA, CDL Holders Need Expert Legal Representation for Speeding in a CMV
All CMV drivers with a speeding ticket should discuss their situation with a traffic ticket attorney. Call Bigger & Harman, (661) 349-9300, today. Se habla Español 661.349.9755.
We can get your speeding ticket resolved without your presence. We are frequently able to get the ticket dismissed entirely or get a no-point conviction for you so that there are no NOTS points assessed.
Send them an email, today firstname.lastname@example.org
The 2019 CA Commercial Driver Handbook.pdfCVC 22406, Other Speed Laws