Were you aware that a trucker NOTS hearing could allow you more negligent operator treatment system (NOTS) points based on your exposure?
Many are probably thinking, “Yeah, well, we get 50 percent more points added than a four-wheel driver, so there should be some trade-off.” Maybe that’s part of the reasoning behind it. The DMV makes it possible for CDL holders to request a NOTS hearing for more leeway before suspension when the majority of NOTS points were not gained while driving your private vehicle.
The Trucker NOTS Hearing in a Nutshell
CA Vehicle Code (CVC) 12810 & 12810.5, Issuance and Renewal of Licenses, gives the DMV authority to assess points and administer the NOTS program. Typically, a driver that accumulates four NOTS points within twelve months, six within 24, or eight within 36 months, the DMV will presume to be a “prima facie” negligent operator. Cornell Law’s Legal Information Institute (LII) defines prima facie as “…on first appearance but subject to further evidence or information.”
Class A or B drivers can get an allowance for six, eight, or ten NOTS points if the panel determines their miles driven or exposure warrants such leeway.
The period of suspension is usually six months and the concurrent probation 12. However, even when the Trucker NOTS Hearing panel is not able to give more leeway or remove NOTS points from your motor vehicle driving record (MVR), a traffic attorney can often get the board to reduce the number of suspension months. A 30-day suspension might make it possible for a trucker to keep their driving position.
There are specific restrictions placed on CDL holders with endorsements like hazardous material (HazMat) drivers or ambulance drivers. Consult a traffic attorney for details. These are all conditions that should be discussed with an attorney before a trucker NOTS hearing takes place.
CVC 12810.5 states, “the department shall give due consideration to the amount of use or mileage traveled in the operation of a motor vehicle.” However, the driver must request a hearing in front of a department panel. Upon receiving a DMV Order of Suspension & Probation, the driver has ten days from the date of mailing by the DMV to request said hearing.
Speak to a Traffic Attorney about Trucker NOTS Hearings in Bakersfield, CA
Call Bigger & Harman, (661) 349-9300, when you have a trucker NOTS hearing anywhere in Central Valley or Northern CA. We serve commercial drivers in Kern, Kings, Tulare, Fresno, Mono, Inyo, Barstow, SLO, Nevada, Placer, Yolo, and many others. We are proud to provide a free initial consultation.
These guys saved my job, and my CDL. Posted by John on Avvo, November 17, 2019
“Mark and Paul were able to get my speeding ticket dismissed. I was on a new run late at night and got pinched doing 55mph in a 35mph zone. I would have lost my job and very well had my CDL suspended or taken. Ask yourself one question, what is it worth to provide for your family in your chosen profession?”
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The 2019 CA Commercial Driver Handbook.pdf
Cornell Law School LII webpage, Prima FacieCVC 12810 & 12810.5, Issuance and Renewal of Licenses