CA Vehicle Code (CVC) 22406, Speed Laws makes it an infraction of the traffic law to drive more than 55 mph on any CA highway in a commercial motor vehicle (CMV). That’s every freeway in CA, - I-5, 10, 15, 80, or 395; SR-46, 58, 99, and many more. These CMVs include:
- A tractor-trailer or motor truck with three or more axles or towing another vehicle;
- A bus or passenger vehicle towing another vehicle;
- A school bus with pupils on board;
- Farm labor vehicles carrying laborers;
- Vehicles transporting explosives; and
- Trailer buses.
CVC 22406.1, Other Speed Laws makes it a misdemeanor crime to exceed the posted speed limit by 15 mph in one of these CMVs. 70 in a 55 and you are committing a criminal offense and according to the FMCSA rules, a serious offense, two of which within three years will result in a 60-day disqualification. A third serious offense brings a 120-day disqualification.
Penalties for Conviction
There are three levels of fines for speeding depending on how many miles per hour over the speed limit the ticketed driver was going. Level one is 1-15 mph over, which is a $230-250 fine; level two is a $350-375 fine; and level three is almost $500. Also, CDL holders get assessed 1.5 Negligent Operator Treatment System (NOTS) points for any speeding level conviction. The most common for all drivers is level one, and level three is a very rare ticket for a truck driver in their CMV.
About the only way a truck driver gets a ticket for 25 mph or more over the speed limit in their CMV is if they missed the speed limit reduction to 35 mph and were caught immediately after doing 60-62 mph. Many trucking firms set the governor on their fleet vehicles to a maximum 62 mph.
However, for CDL holders, a fine is usually the least of their worries. Likewise, the loss of a “good driver’s discount” and increased insurance premiums is not their biggest concern either. Even though the increase could be $500 to $2000 over the three years the conviction or paid fine will stay on their MVR and PSP, their most substantial worry is termination by their employer.
Drivers who get a speeding ticket in Los Angeles County for speeding on the Grapevine usually must resolve their ticket at Chatsworth Traffic Court; whereas, drivers ticketed in Kern County must resolve theirs in Lamont Traffic Court.
Despite the approximate $200 difference in the fine and increased insurance, the second speeding ticket, if it led to a conviction, would mean the driver receives another 1.5 NOTS points. This would bring their total to three, with only four allowed during a three-year period, and a serious offense violation from the FMCSA. One more serious violation in the Driver Safety category of BASICS under Compliance, Safety, Accountability (CSA) will mean a 60-day disqualification.
Most drivers know they must challenge every traffic ticket for a moving violation. Even with an estimated driver shortage of 50,000 or more, moving violations can kill a career because the conviction is filed not only in your CA MVR but your FMCSA PSP as well. Consult a traffic law professional about any traffic ticket before you decide.
Ask a Kern County Traffic Attorney
Call Bigger & Harman at (661) 349-9300. Se habla Español (661) 349-9755. What many drivers, even professional CMV drivers, do NOT realize is that, those who hire a traffic ticket attorney to defend them often get a dismissal or reduced no-point violation.
Many consider hiring a lawyer too expensive. However, they fail to consider how costly losing their job and perhaps their career can be when compared to paying an attorney to resolve their ticket.
We offer a free initial consultation to CDL holders with no obligation on your part to continue.
Contact us today by phone or email, attorney@biggerharmanlaw.com, to discuss your situation. We resolve traffic tickets for drivers in Lamont, Bakersfield, Delano, Mojave, Shafter, and Ridgecrest in Kern County. In fact, we handle most traffic courts across Central and Northern California.
References:
The 2019 CA Commercial Driver Handbook .pdf