Many of us are aware that tailgating or following too closely is a dangerous action. One national insurance company even has an ad where a football fan is tailgating another driver. The driver is paying so much attention to the tailgater that he doesn’t see the driver in front of him stop.

Some might take the language in the ad to mean that the insurance company will cover the driver who slams into the rear of the stopped vehicle. They will, but it won’t be pretty.  In an at-fault state, such as California, the driver who hits the car in front of it will likely be ticketed for following too closely and found at-fault or responsible for the accident.

California Traffic Law:  Following Too Closely  

Chapter three of CA Vehicle Code (CVC) 21703, Driving, Overtaking, and Passing, provides that no vehicle will follow another so close that it is not reasonable or prudent given the road conditions, weather, and speed of the vehicle. 

To be blunt, if you get convicted of following too closely in a commercial motor vehicle (CMV) such as a truck or passenger (charter) bus, you face severe penalties. Sure, the fine of $230-250 is not that severe, but the 1.5 Negligent Operator Treatment System (NOTS) points put you almost halfway to the four point max for the year and will cause a rise in your auto insurance premium.

What’s more, many fleet managers will take a narrow view of a moving violation in one of their CMVs. Some will terminate a driver after only one conviction. However, if you already have what FMCSA considers a “serious offense” within the last three years, a second conviction will get you a 60-day disqualification, and a third could get you a 120-day CMV driving ineligibility. 

Several convictions are a serious offense by FMCSA regulation. Speeding more than 15 mph over the speed limit is one, and this is easier than many out-of-state drivers would believe. Say you cross the Nevada – California border headed toward Roseville on I-80 doing 70 mph, you could have already committed a misdemeanor crime in CA. The statewide speed limit for most CMVs is 55 mph. CVC 22406.1, Speed Laws, clearly states that a driver of a CMV who exceeds the speed limit “by 15 miles per hour or more, is guilty of a misdemeanor.”

Therefore, you get a double whammy — triple, if it’s your second serious offense. Additionally, an unsafe lane change or a railroad crossing violation are serious offenses. With a railroad crossing violation conviction, you face an automatic 60-day disqualification.   

When you face a serious offense of following too closely or any traffic ticket for a moving violation, you, as a CDL holder, need to consult with a traffic attorney.     

Charter Bus or Trucker Following Too Closely Tickets in Roseville, CA 

Bigger & Harman, APC are traffic attorneys who can handle your tickets in Roseville Traffic Court without your presence or assist you with a DMV Hearing, call (661) 349-9300.

We have the knowledge and experience to help you get a traffic ticket dismissed or the charge reduced by the traffic court judge to a non-point violation. When no points get assessed by the DMV, you can minimize your hit from the FMCSA. 

Se habla Español (661) 349-9755.

Send us an email, attorney@biggerharmanlaw.com.

References:

The 2019 CA Commercial Driver Handbook.pdf