Commercial speeding violations can cause serious problems for commercial drivers.
Many drivers coming from Reno, Nevada, North of Lake Tahoe, or other shipping depots in the East, headed for the Bay Area on I-80, find this out the hard way.
Truckee is just on the California side of Reno, NV. I-80 is a popular route for truckers coming from the East, crossing the Sierra Mountains.
Many truckers get tagged with speeding tickets on that long downhill before the Weigh Station on the Donner Pass.
The problem many have is that the speed limit on the Nevada side ranges between 65 and 80 mph.
Therefore, a trucker who just drove into California from the rural sections of I-80 between Fernley and Winnemucca, NV, might not be aware of the statewide 55 mph speed restriction for commercial vehicles in California.
CA Vehicle Code (VC) Section 22406, Speed Laws, specifies that the following class of vehicles is limited to 55 across the state:
- Vehicles with three or more axles, including a motor truck or truck tractor, or a vehicle that is towing another vehicle.
- A bus or passenger vehicle towing another vehicle.
- A school bus with pupils on board.
- Any vehicle transporting explosives.
- A trailer bus.
- Any farm labor vehicles that are transporting laborers or passengers.
This could be tricky as it could include a commercial rental vehicle, such as a Ryder, U-Haul, or other. As the adage goes: “An ounce of prevention…”
However, if you get ticketed, call Bigger & Harman for a no-obligation, complimentary consultation.
Typically, a commercial speeding ticket in Nevada County is between $238 and $800, but it could be much more for excessive speeding.
Call a CDL Traffic Attorney Who Regularly Resolves Commercial Speeding Violations in Truckee Courthouse
Most commercial drivers with more than a year on the road have heard the horror stories about unaffordable tickets costing over $1,000 and DOT FMCSA driver disqualifications for commercial speeding violations.
CA VC Section 22406.1(a), Speed Laws, explicitly state:
“A person who operates a commercial motor vehicle, as defined in subdivision (b) of Section 15210, upon a highway at a speed exceeding a posted speed limit established under this code by 15 miles per hour or more, is guilty of a misdemeanor.”
“A misdemeanor is a type of offense punishable under criminal law. A misdemeanor is typically a crime punishable by less than 12 months in jail.”— Cornell Law School Legal Information Institute (LII) WEX Definitions: Misdemeanor.
Many would consider that harsh for a driver just doing their job and trying to deliver their cargo before the deadline.
But, the fine for a commercial speeding violation is only a small portion of a much bigger situation.
Although the driver, if convicted, will have a criminal record with jail time or probation, the massive fine, 1.5 negligent operator treatment system (NOTS) points in CA, and the FMCSA penalties could make it much worse for their driving career.
The DOT FMCSA Serious Offense
A speeding conviction for a commercial driver’s license (CDL) holder for exceeding the CA 55-mph limit, as stated above by 15 or more mph, is “excessive speeding.”
The CA DMV will notify the DOT FMCSA about the commercial speeding violation, and they will assess ten Compliance, Safety, and Accountability (CSA) severity points and the time-weight multiple of two or three, for you and your carrier.
If a driver suing the carrier’s DOT number had a similar conviction within the previous six months, the multiple is three, and two for a paid fine between six months and one year, which will become a portion of the carrier’s SMS percentile for up to two years.
For the commercial driver, an excessive speeding conviction is a “serious offense” at the FMCSA, and the conviction will stay on their Pre-employment Screening Program (PSP) record for three years.
It will also impact the trucking firm’s Safety Measurement System (SMS) percentile for two years. Many fleet insurance providers use the SMS percentile to determine the fleet’s premium.
To avoid the hassle with your carrier, the courts, and the DMV, consult an experienced and knowledgeable traffic ticket defense attorney today.
Get in Touch
We can often fit you into a flexible appointment time, including some evenings and weekends.
However, we understand the constraints of commercial driving. We can often provide commercial drivers with answers over the phone or by email at attorney@biggerharmanlaw.com.
Consult Bigger & Harman, the CDL Traffic Attorneys, About a Commercial Speeding Violation
If you need a CDL traffic attorney to help with a speeding violation in Truckee Courthouse, call Bigger & Harman, APC, at (661) 349-9300—se habla Español 349-9755. We also have Punjab-speaking staff who can help.
We routinely defend commercial driver clients in the Nevada County Court. Call us today to set up a free, no-strings-attached consultation to discover your options.
Use our digital contact form to arrange a free consultation or to get answers.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: I was stopped for speeding more than 15 mph over the 55 mph limit for commercial vehicles. The CHP said my commercial speeding violation was a misdemeanor. Is that right?
A: Yes, according to CA VC section 22406.1, commercial speeding violations of 15 or more mph over the CA traffic code 22406 established speed limit is a misdemeanor.
Q: Why are commercial speeding fines so high?
A: Commercial speeding fines are often tiered based on how much you were exceeding the speed limit, with 15 mph or more over the 55-mph commercial speed limit being a misdemeanor in California with higher fines and potential jail time, and a serious offense at the FMCSA, notes Bigger & Harman, APC.
Q: Does a paid fine or conviction appear on my Pre-employment Screening Program (PSP) record?
A: All paid fines and convictions for moving violations will likely get reported to the FMCSA by the DMV. The FMCSA will then assign CSA severity points, which will become a part of the driver’s PSP for up to three years.
References:
CA VC Sections 22406 & 22406.1, Speed Laws.
The DMV Portal: CA Commercial Driver’s Handbook.pdf.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DMV Portal CA Commercial Driver Handbook.
The Cornell Law School LII WEX Definitions: Misdemeanor.