Not many of the agricultural drivers who come to Kern County on SR-99 and I-5 know that going 70 mph or more, empty or loaded, is a misdemeanor crime.
Vehicles Subject to CVC 22406 Can Get a Misdemeanor Speeding Ticket
CA Vehicle Code (CVC) 22406, Other Speed Laws, warns, “No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour:”
- Motor trucks and truck tractors with three axles or more, or while towing another vehicle
- Buses or passenger vehicles pulling another vehicle
- School buses transporting pupils
- Farm labor vehicles transporting passengers
- Any vehicle transporting explosives
- Trailer buses
That statute applies statewide, but the 55 mph speed limit can get lowered in an area with high grades, narrow lanes, or when a Caltrans or local authority’s survey determines 55 mph is too fast.
CVC 22406.1, (a) Other Speed Laws, makes speeding 15 mph over the commercial motor vehicle (CMV) restriction of 55 mph a misdemeanor if convicted. While paragraph (b) points out that a CDL holder exceeding 15 mph over the speed limit is a “serious offense.”
However, in a private vehicle, going 70 mph in a zone posted for 70 is not speeding, but convictions for speeding 15 mph over are still reported to the FMCSA, who consider it a serious offense, regardless of the vehicle you were driving. But the DMV report will distinguish you were in a private vehicle. How helpful that will be if you get a second serious offense within three years is debatable.
Not a Third-Lane Violation
In addition, CVC 22348, Speed Laws, which generally speaks about speeding over 100 mph, contains a prohibition in paragraph (c) of the vehicles subject to CVC 22406 from the third lane or beyond. Vehicles subject to CVC 22406 must travel in the right lane and use the immediate second lane only to pass or overtake another vehicle.
Many truckers refer to violations of this traffic code as a third-lane violation or slow-lane violation. It is actually a designated lane violation. Any violation of these traffic codes that result in a traffic ticket should be discussed with a knowledgeable traffic attorney before deciding to pay the fine or challenge the ticket. Most CDL holders have little choice. Any moving violation could result in termination or reduced chances of getting a higher paying job once the conviction hits your Pre-Employment Screening Program (PSP) record.
Challenge that Misdemeanor Speeding Ticket in Kern County
CDL holders with a misdemeanor speeding ticket should call Bigger & Harman, (661) 349-9300, before making any statement to law enforcement or officers of the court. A misdemeanor violation comes with all the constitutional protections, such as “the right to remain silent.” Se habla Español 661.349.9755.
We also handle overweight, speeding, unsafe lane change, a variety of traffic tickets, and DMV Hearings.
Send your questions to us in an email, attorney@biggerharmanlaw.com.
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References:
The 2019 CA Commercial Driver Handbook.pdf