The consequences of a paid fine for a speeding ticket to a commercial motor vehicle (CMV) driver could be damaging to their livelihood.
Most CA drivers of non-commercial, four-wheeled vehicles can pay the fine and accept traffic violators school (TVS). However, according to the CA Courts webpage, a minor infraction, such as a speeding ticket in a CMV, is not eligible for TVS. That leaves most commercial driver’s license (CDL) holders with no choice but to challenge their speeding tickets in traffic court.
Think about it. What would you do if you knew a speeding ticket conviction could lead to a loss of your job and a diminished likelihood of landing another CMV driving position with another high-paying fleet? You’d probably have a traffic ticket defender on the line as soon as you get home.
The truth is everyone should regardless of your driving status if the court does not give you an option that keeps it off your record for insurance purposes. Some speeding tickets or other traffic tickets can be reduced to a non-moving, no-point violation or dismissed entirely. However, you must consult a traffic ticket defense attorney to know which is and which are not. Bigger & Harman provides a free, no-obligation initial consultation either in-person or by phone.
They understand how difficult it is for a CDL holder to drop everything and come into the office. Therefore, give them a call or email to determine if you should challenge a speeding ticket in traffic court.
Why Are Speeding Tickets So Common in California for Truck Drivers?
Another truth is that speeding tickets are the most common traffic ticket for all drivers across the USA, not just truckers in CA—although many truckers believe CA is the worst.
Speeding tickets are the most common among truckers and other CDL holders primarily because the DOT FMCSA allows Compliance, Safety, and Accountability (CSA) severity points assessment after a speeding ticket conviction for even one mph over the speed limit.
What Are the CSA Severity Points for a Speeding Ticket Conviction in a CMV?
Luckily, even though you must report all traffic violation convictions to your employer as a commercial driver, within 25 MPH of the limit n your privately owned vehicle (POV) are eligible for TVS. But you should still fight the ticket, because unlike traffic school for a non commercial driver in their private vehicle, your ticket will not be confidential. Your insurance, employer, and the feds can still see the violation.
“Convictions for serious traffic violations, such as excessive speeding, only result in disqualification if the offenses were committed in a CMV—unless the State has stricter regulations.” —FMCSA CFR 49 Part 383.51, Driver Disqualifications.
Most fleet managers won’t give your speeding ticket in a POV another thought. However, there are some with a zero-defect mentality. Maybe they believe if you get convicted for speeding in your POV, you might do the same in your CMV, which will lead to CSA points on their DOT number, and cause a rise in their fleet insurance.
Speeding ticket convictions are assessed CSA points as follows:
- Speeding conviction for 1-5 mph over the posted limit—one CSA severity point.
- Speeding conviction for 6-10 mph over the posted limit—four CSA severity points.
- Speeding conviction for 11-14 mph over the posted limit—seven CSA severity points.
- Speeding conviction for 15 mph over the posted limit or any speeding in a construction zone—ten CSA severity points.
Additionally, a conviction for 15 mph over the statewide 55 mph speed limit established in CA Vehicle Code (CVC) Section 22406, Speed Laws is a misdemeanor according to CVC Section 22406.1, Other Speed Laws, and the DOT FMCSA defines it as a “serious offense.”
Fleet managers must attempt to keep CSA points under control, as the Safety Measurement System (SMS) assigns a percentile to each DOT number based on severity points multiplied by time weights. A time-weight multiple of three is assigned to a second violation conviction within the same BASICS category within a six-month timeframe. A time-weight multiple of two is given for a second conviction within six months to one year.
Although the conviction will stay on the firm’s DOT number for two years and on the driver’s PSP for three years, the time-weight multiple is one without a second conviction after one year.
However, the second conviction of a serious offense, such as “excessive speeding,” 15 or more mph over the 55 mph speed limit in CA, or any speeding conviction in a construction zone will result in a 60-day driver’s disqualification.
“A State is prohibited, however, from issuing any type of license which would give the driver even limited privileges to operate a CMV when the conviction is for a disqualifying offense that occurred in a CMV.” —FMCSA CFR 49 Part 383.51, Driver Disqualifications.
If you get the speeding ticket dismissed or reduced to a non-moving conviction, there are no assessment of Negligent Operator Treatment System (NOTS) points. Therefore, the DMV will not forward the speeding ticket information to your employer or the DOT FMCSA, which could save your job. Likewise, you are not mandated to notify your employer of a conviction for a non-moving violation like a parking ticket or correctable offense.
Consult a CA traffic ticket attorney for more clarification about your speeding ticket.
Bigger & Harman Are Speeding Ticket Attorneys Who Appear in Placer County Courts
When you receive a speeding ticket where I-80 crosses the Sierras in Placer County, call Bigger & Harman, (661) 349-9300.
We are CA traffic ticket defenders with our main office in Bakersfield, CA, though we frequently represent truckers and other CDL holders in Placer County Traffic Court. The downhill stretch of I-80 leading into Sacramento is a haven for CHP and other law enforcement officers waiting for unsuspecting truckers to drive through there speeding—even less than ten over the 55 mph limit.
Plus, they often catch out-of-state truckers and bus drivers unaware of the statewide 55 limit doing 70 mph, which could be charged as a misdemeanor and an FMCSA serious offense. Give us a call or email for unparalleled representation.
Se habla Español (661) 349-9755.
Email: attorney@biggerharmanlaw.com.
References:
The 2019-2021 CA Commercial Driver Handbook.pdf
The FMCSA CFR 49 Part 383.51, Driver Disqualifications
The Courts.CA.Gov Traffic School webpage.
The InfinitiWorkforce spreadsheet, Truckers CSA Unsafe Driving Severity Chart.