Preventing a commercial vehicle speeding conviction in CA is crucial, as it can lead to significant fines and increased fleet insurance premiums, which can affect your employment and even the loss of your commercial driver's license (CDL). Always speak with a CA traffic attorney about your speeding ticket before deciding to challenge the ticket or pay the fine.
Preventing a Commercial Vehicle Speeding Ticket
Here are some tips and examples to avoid getting a commercial vehicle speeding conviction in CA.
First and foremost, always obey posted speed limits. This tip may seem obvious, but it is crucial for fleet managers to remind drivers and for you to remind yourself always to pay attention to the speed limit signs and obey them, particularly considering the maximum speed limit for commercial vehicles in CA is 55 mph statewide.
The CHP are waiting for commercial vehicles crossing the state line from Nevada into El Dorado County. Highway 50 and speeding commercial drivers are a source of revenue for the El Dorado County coffers.
Once you receive a commercial vehicle speeding ticket, you’ll need to pay the fine, resolve the ticket in South Lake Tahoe Traffic Court, or hire a CA traffic attorney to challenge the ticket in court. Hiring a CA traffic attorney is by far the wisest choice because you cannot afford a speeding ticket on your CA motor vehicle driving record (MVR) or your DOT FMCSA pre-employment screening program (PSP) record. What’s more, you could face harsher penalties at the FMCSA, particularly when you exceed the 55 mph speed limit by 15 or more mph. That can be charged as a misdemeanor offense in CA and a “serious offense” at the FMCSA level.
A second serious offense could lead to a 60-day driver’s disqualification if received within three years of the last. Most fleet managers will not wait that two months to fill the seat. Therefore, you could be forced to apply to other trucking companies, which must consider your PSP before hiring. Then, they have you “over a barrel” when negotiating your pay for miles driven. Some companies will only pay 25 cents a mile, and you can forget about any benefits from these second-rate fleets.
Another tip for preventing a speeding conviction is to be aware of the speed of your vehicle at all times. This tip can be accomplished by regularly checking your speedometer or using a “governor” or GPS device that tracks your speed. Many fleets already use a governor set at 62 mph, but you could still be seven mph over the speed limit in CA, so beware.
Additionally, some vehicles come equipped with speed limit warning systems, and electronic logging devices (ELDs) can be set to alert you when you exceed the speed limit. You may need to reset it for CA driving, though.
It is also essential to be aware of the traffic conditions around you and adjust your speed accordingly. For example, if you are approaching a construction zone, you should slow down to the posted speed limit, as construction zones often have reduced speed limits. Any speeding conviction in a construction zone is also an FMCSA serious offense.
Another consideration for avoiding a commercial vehicle speeding conviction is to be aware of the time of day and the weather conditions. During nighttime and inclement weather, visibility is often reduced, making it more challenging to see posted speed limit signs and other road hazards. California’s basic speed law CA Vehicle Code (CVC) Section 22350, Speed Laws, requires the driver to consider these driving conditions and reduce their speed during these conditions.
It's crucial to keep a clean driving record. Many states, including CA, use a point system to track traffic violations. Accumulating too many points on your record can result in the suspension or revocation of your CDL. So, avoiding any other traffic violations, such as running red lights or stop signs, unsafe lane changes, following too closely, cell phone use, or reckless driving, is essential.
Additionally, commercial drivers should be aware that taking a defensive driving course is not an option to prevent a speeding conviction, as such courses are only eligible for non-commercial drivers. However, they can focus on the above tips to reduce the risk of getting a speeding conviction and consult a CA traffic attorney immediately when they receive a commercial vehicle speeding ticket.
Contact Bigger & Harman for a Free Consultation About Commercial Vehicle Speeding
Call Bigger & Harman at (661) 349-9300 to set up a free, no-obligation consultation when accused of violating the CA commercial vehicle speed laws.
Use the convenient online contact form or send us an email attorney@biggerharmanlaw.com.
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References:
The DMV Portal CA Commercial Driver Handbook Copyright 2022.
The FMCSA CFR 49 Part 383.51, Driver Disqualifications.
CVC Sections 22350, Speed Laws, 22406, and 22406.1, Other Speed Laws.