What Is a Moving Violation?
The definition of a moving violation varies little from state to state. In California, it is any violation of the vehicle code occurring while your vehicle is moving. Examples of this type of violation include running a stop sign or red light, speeding, failure to yield, and many others. “Fix it” tickets are normally not moving violations, things like parking, taillights, or anything you need to fix. More serious violations such as DUI’s, reckless driving, VC 22348(b) driving over 100 MPH, and hit and run carry 2 points (3 if committed in a commercial vehicle). Points are collected under the NOTS system and your license can be revoked if you exceed the legal point count.
Irregularities of the Points System for CDL Drivers in California
A Chauffeur's license falls under the general category of CDL driver. Restrictions vary between CDL levels, A, B, and C, but there are some irregularities in the point system for all commercial drivers.
Per California DMV, a CA CDL license is required to drive taxis, construction vehicles, city buses, shuttles, and limousines. There are special endorsements required for school buses, tankers and passenger buses. Any traffic citation issued while you are operating a moving vehicle will carry a stiffer point penalty if you have a CA CDL permit.
When an individual with a standard driver's license is issued a speeding ticket, they are assessed one point. The same offense for a commercial driver generates an extra ½ point. Situations where a collision or accident resulted from a violation generate an additional full point on your license.
Chauffeurs Requirements
Chauffeur's permits fall with the same classification as taxi drivers. To be issued a chauffeur's license you must obtain a taxi permit and have a complete driver's license history within the last 30 days. The fee for this process is $106.
You must show your current CA driver's license, proof of your right to work, submit a controlled substances screen test and be fingerprinted. Your chauffeur's license designates you as a ‘driver-for-hire’ allowing you to operate any standard transport vehicle that carries less than 10 passengers.
Points accumulated for CDL class licenses can put your job as a chauffeur in jeopardy. There are also several medical requirements according to California Highway Patrol (CHPs) to which CDL operators must adhere. Losing your ability to drive because of a misstep could be devastating and the laws can be difficult to understand, you will likely need expert legal advice from a traffic ticket defense attorney.
If you've been issued a ticket for a moving violation in California, contact Bigger & Harman today, call, 661-349-9300 or email attorney@markbigger.com to get expert advice on how to proceed. With knowledgeable counsel working on your side, you stand a much better chance of keeping your chauffeur’s job. Bigger & Harman practice only traffic ticket defense in Kern, Tulare, San Bernardino, Inyo, Riverside, Los Angeles and other SOCAL counties.
En español, llame al 661-349-9755.