Many commercial drivers wonder if they should dispute a speeding ticket in a CMV. Most would just as soon pay the fine and move on. Yet, they’ve heard the horror stories of drivers being let go after one moving violation.
Too many fleet managers have a zero-defect mentality when it comes to moving violations. Some even get crazy about you getting a speeding ticket in your private vehicle. You are required to inform your employer of a conviction of any moving violation in your CMV or personal vehicle as a CDL holder, even out-of-state.
Convicted for Speeding in a CMV Out-of-State?
You must complete a DL 535, Report of Out-of-State Traffic Conviction by a Commercial Driver and submit it to your employer and the DMV within 30 days of any traffic ticket conviction in any vehicle.
If you hold a CA commercial driver’s license (CDL) and do not complete and submit the DL 535 within the required timeframe, you could receive a civil penalty of up to $2,500 and/or a criminal charge, which, if convicted, could mean a $5,000 fine, up to 90 days in county jail, or both.
The Driver’s License Compact (DLC)
It would not be wise to ignore this requirement as the states have a Driver’s License Compact (DLC), which CA has been a member of since 1963. Their theme is “One Driver, One License, One Record.” This agreement between states requires the state to issue the traffic citation where the driver was convicted or failed to appear/pay (FTA/FTP) or resolve traffic tickets for moving violations to notify the home state.
The issuing state would be the out-of-state area where cited, and the home state would be the state where the driver holds their record. Therefore, the DMV would assess the driver 1.5 negligent operator treatment system (NOTS) point upon notification of a conviction from the issuing state.
Plus, they would forward the conviction notice to the FMCSA. The appropriate number of Compliance, Safety, & Accountability (CSA) severity points would be assessed depending on the recorded speed by the DOT FMCSA under the Safety Measurement System (SMS) program, which would add it to the driver’s pre-employment screening program (PSP) record.
The Employer Pull Notice (EPN) Program
Another notification method is the Employer Pull Notice (EPN) Program administered by the DMV under the authority of CA Vehicle Code (CVC) Section 12810, Issuance and Renewal of Licenses. The DMV also administers the motor vehicle driving record (MVR) program.
The EPN allows government agencies and commercial fleets to track their driver’s record of negative behavior behind the wheel. This helps the employer monitor and intervene if necessary, which allows them to:
- Minimize their liability in case of accident or incident
- Improve safety
- Ensure their drivers have valid licenses, CDL, and endorsements
- Track and retrain drivers with traffic violations
The employer can request a copy of the driver’s MVR from the DMV and if they hire the driver, add them to their requester code number. Then, annually on the anniversary of their registration into the program, the employer is sent a copy of the driver’s MVR, unless one of the following activities prompts a report:
- Driving privileges revoked or suspended
- Any action that was taken against the driver
An employer is required to enroll a driver who:
- Possess a CDL
- Drivers with endorsements, such as HazMat, Ambulance driver, tank, or passenger vehicles.
- Drivers for the CA Public Utilities
The instructions and necessary enrollment forms are available on the EPN Program website.
Therefore, if you get a ticket for speeding in your CMV, it is wise to consult a traffic attorney to determine if contesting the ticket is wise. In most cases, your livelihood depends on the choice you make.
Attorneys Who Can Resolve Your Speeding in a CMV Ticket in Riverside County, CA
Call Bigger & Harman, (661) 349-9300, when you have a moving violation against your CDL. Se habla Español (661) 349-9755.
As traffic ticket defense attorneys, we travel across CA, wherever we are needed, to help the CDL holder retain a clean driving record and maintain their livelihood. Our goal is to help you keep your CDL and minimize your traffic ticket offense's impact.
The 2019-2021 CA Commercial Driver Handbook.pdf
The Driver’s License Compact (DLC)