The Top Five Trucker Violations in 2019 Were 

The top five truck violations during the last year were speeding, following too closely, cellphone use, unsafe lane changes, and overweight trucks. Speeding far exceeds the other violations primarily because law enforcement officers (LEO) tend to stop commercial motor vehicles (CMV) for speeding even five or six mph over the speed limit. Whereas they will generally allow a Class C driver to go on their way even though they are speeding as well, often much faster than the CMV. 

#1 — Speeding

The FMCSA seems to have given LEO the green light to stop truckers and other CMVs for speeding even slightly over the limit and let others go even when they are clearly going 15 or more mph over. The FMCSA’s Compliance, Safety, and Accountability (CSA) start assessing four severity points to CDL holders at six (6) to ten (10) mph over the limit, seven severity points for 11 - 14 mph over, and a maximum of ten severity points for 15 or more mph over or any speeding conviction within a construction zone. 

Fifteen or more over and any speeding in a construction zone is also a “serious violation,” according to the FMCSA, which will get the driver a 60-day driving disqualification after a second conviction on a similar violation within a three-year period of the first conviction, and a 120-day disqualification with a third conviction. The chances are excellent that the driver will not see a third; most fleets will terminate after the first or second. And, with a serious violation on a driver’s record, it will be tough to get hired by another fleet. 

#2 — Following Too Close

Following too close is another serious violation within the same BASICs category of the Safety Measurement System. As stated above, a second conviction will result in a 60-day driving disqualification. Well, the bad news is, it does not need to be the same offense, just in the same category; in this case, unsafe driving.

#3 — Cellphone Use 

Cellphone use while driving is an approximate $150 to $260 fine in CA for the driver. However, once the truck driver or other CDL holder gets convicted, the DMV could send a notification to the FMCSA, and the driver will be fined up to $4,750 and get assessed ten CSA points, which will stay on their PSP for three years. 

#4 — Unsafe Lane Change

An unsafe lane change is another truck violation that, if convicted, could get assessed CSA severity points under the unsafe driving BASICs category, so could it be considered a serious violation, subject to a 60-day disqualification. Each of these violations must be challenged by a CDL holder in traffic court or face a driving disqualification and/or termination. 

#5 — Overweight Truck Violation

An overweight truck violation could be a misdemeanor crime if the truck is overweight by 4,501 pounds or more. Typically, the fine for an overweight truck is $1.00 per pound overweight. However, it is a “wobbler” offense that the judge could reduce to an infraction to keep from sentencing the trucker to the county jail and leaving them with a criminal record. 

Whatever the degree of overweight, the driver or fleet should consult a traffic ticket attorney before they decide to pay the fine or go to court.  

Consult a Traffic Attorney about Trucker Violations in Truckee, CA

When accused of a truck violation around Truckee, CA, call Bigger & Harman, (661) 349-9300. Se habla Español 661.349.9755.

We handle only traffic violations and DMV Hearings to assist CDL holders in getting additional leeway on NOTS points based on mileage exposure. Since most CMV drivers put in more miles on the road in a month than many Class C drivers do in a year, the DMV can allow additional leeway in accordance with CA Vehicle Code (CVC) 12810.5, Issuance and Renewal of Licenses.

Email us today, attorney@biggerharmanlaw.com.

References:

The 2019 CA Commercial Driver Handbook.pdf