The Grapevine and Your Commercial Driver’s License (CDL)
As a trucker, driving Interstate 5 (I-5) north or south through the Grapevine requires paying close attention to the posted speed limits. In accordance with CA Vehicle Code (CVC) 22406, Other Speed Laws, drivers of most multi-axle vehicles, farm labor vehicles, and buses transporting passengers may not exceed 55 mph.
The 35-mph zone on the Grapevine catches many CDL holders off-guard and leads to a speeding ticket. A conviction for driving 50 mph in this zone can activate the FMCSA “Acute and Critical” violation rule of “excessive speeding” 15 mph or more over the limit, previously called serious violations before February 2016. Two separate convictions of Acute and Critical violations in a commercial motor vehicle (CMV) within a three-year period will lead to a 60-day disqualification, and a third will result in a 120-day disqualification. Convictions for what would be an acute or critical violation in a non-CMV do not affect their CDL.
Although an Acute and Critical violation will not result in disqualification without a conviction, the date of the offense is used as the criteria to determine if the two or three violations were within the three-year period, not the trial date.
Say you received a ticket on 28 February 2018 for going 50 in a 35-mph zone classified as 15 over the limit, you cannot receive another excessive speeding ticket or another Acute and Critical violation with subsequent conviction until after 28 February 2021 without a possible disqualification. Even though your trial date and conviction were after 28 February, you still face disqualification on your CDL.
An acute violation is defined as “those where noncompliance is considered so severe as to require immediate corrective action” and critical violations are “those where noncompliance relates to management and/or operational controls.” For example, a carrier has a policy that does not adequately address safety is a critical violation, but no policy at all might be an acute violation that requires immediate action.
Work-Restricted Driver’s License with a CDL
Those CDL holders disqualified by FMCSA and upheld by state authorities cannot request a work-restricted driver’s license (DL) unless they first change from a CDL to a regular DL. Since a CDL holder’s primary job is to drive a CMV, they cannot get a work-restricted license.
Kern County Speeding Ticket Attorneys
When you receive a speeding ticket on the Grapevine on I-5, you need the advice of an experienced speeding ticket attorney to protect your CDL and prevent a possible disqualification due to a second acute violation in a CMV within three years. Bigger & Harman do not practice other areas of law but focus their efforts on traffic law. They always use a flat fee so that you know exactly what their fee is to resolve a traffic ticket, never an unspecified hourly wage that could result in thousands of dollars in fees.
Call Bigger & Harman, (661) 349-9300, the Kern County speeding ticket experts who defend CDL holders with traffic tickets across Central Valley.
Se habla Español 661.349.9755.
Send an email to attorney@biggerharmanlaw.com.
References:
FMCSA CFR Section 383.51 Disqualification of Drivers
CVC 22406, Other Speed Laws