As many as 350 different misdemeanor hazardous material violations exist. It’s important to understand the most common ones. We want to help commercial drivers stay compliant and protect their driving careers.
What Is Hazardous Material?
The DOT FMCSA definition of hazardous material is:
“A substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has been so designated.”
This definition explains why these violations are taken very seriously.
#1 — Speeding with Hazardous Material Cargo Is a Misdemeanor, Possibly
Speeding is the most common traffic violation globally.
However, it becomes a misdemeanor when carrying hazardous materials if caught traveling more than 15 miles per hour over the speed limit.
CA Vehicle Code (VC) Section 22406.1, Speed Laws, applies only to commercial vehicles.
This is also a DOT FMCSA "serious offense." A second conviction will result in the 60-day disqualification of the driver.
#2 — Missing or Outdated Route Maps
Drivers must carry an up-to-date CHP-approved route map.
This is required by CA VC Section 31611, Transporting Explosives.
These maps show safe stopping places.
A conviction can lead to a $4,175 fine and three NOTS points. Compliance, Safety, & Accountability (CSA) severity points and civil penalties are also possible.
#3 — Taking a Break in an Unauthorized Location
CA Vehicle Code (VC) Section 31602 (c) prohibits stopping in unapproved areas. The CHP provides approved route maps.
A $4,175 fine and three NOTS points are possible.
This is particularly relevant for truck stops around Lamont, CA, on I-5 or SR-99, such as the Flying J Truck Stop in Bakersfield, CA.
Drivers carrying hazardous materials must use approved stops or face a misdemeanor charge.
#4 — An Missing or Incorrect Hazardous Materials Endorsement to Your Commercial Driver’s License (CDL)
You need the correct CDL endorsement. CA VC Section 31602 (a-c), Transportation of Explosives requires it.
Lacking the proper endorsement can result in a $4,175 fine, three NOTS points, and potential FMCSA penalties.
#5 — An Hours of Service (HOS) Rules Violation
Violating DOT FMCSA HOS rules while hauling hazardous material is a misdemeanor.
You'll receive an Out-of-Service Order and a citation. We advise exercising your "right to remain silent" and contacting us promptly.
Misdemeanor Hazardous Material Violation: A Wobbler or Wobblette
We might be able to have the charge reduced.
The Cornell Law School Legal Information Institute (LII) WEX defines a wobbler/woblette:
“Wobblers can be punishable as either a felony or a misdemeanor and has been referred to as an ‘alternative felony/misdemeanor.’ Whether a wobbler should be treated as a felony, or a misdemeanor is up to a trial court's discretion.”
A “wobblette” under California law is a violation that ranges between an infraction and a misdemeanor.
For instance, a Superior Court Judge might decide that taking a break at the Flying J Truck Stop at Tehachapi, although unauthorized and illegal, did not rise to the level of a misdemeanor.
The steep grades and a higher level of concentration required to traverse the area with hazardous materials onboard might cause the judge to use their discretion and reduce the misdemeanor citation issued by law enforcement to an infraction.
A legal "woblette" is possible. This allows for a reduction from a misdemeanor to an infraction. A woblette is a less severe offense. It avoids a criminal record for minor errors.
Kern County Traffic Ticket Defender
If you face a misdemeanor hazardous material violation in Lamont Courthouse, you need an experienced traffic attorney with trial experience.
We can help you navigate the legal process and protect your driving record.
Contact a Kern County Traffic Ticket Defender to discuss your options.
Download our e-book, Protecting Your Commercial Driver License.
Consult Bigger & Harman About a Misdemeanor Hazardous Material Violation
If you’ve been accused of a misdemeanor hazardous material violation that requires arraignment at Lamont Courthouse, call Bigger & Harman at (661) 349-9300—se habla Español 349-9755.
We also represent clients with traffic tickets in Bakersfield, Shafter, Ridgecrest, Mojave, Delano in Kern County, Hanford Courthouse in Kings County, Porterville and Visalia Courthouse in Tulare County, Fresno Courthouse in Fresno County, in Eastern California—Independence and Bishop Courthouse in Inyo County, Bridgeport and Mammoth Lakes Courthouse in Mono County, and many other traffic courthouses across California.
Likewise, use our convenient contact form or email us at attorney@biggerharmanlaw.com.
References:
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CA VC Sections 22406 & 22406.1, Speed Laws.
CA VC Sections 31602 (a-c) & 31611, Transportation of Explosives.
The Cornell Law School LII WEX Definition Wobbler/Wobblette.