The commercial vehicle speeding ticket in CA is significantly more than their non-commercial driving peers pay.
Despite the rigid 55 mph speed limit for commercial vehicles in CA, the fine if convicted of a commercial vehicle speeding ticket varies depending on which county you received the ticket in and your excessive speed. Furthermore, the penalties for any moving violation in a commercial vehicle could result in job termination.
What Is the Fine for a Commercial Vehicle Speeding Ticket?
Many CA county traffic courts break the fine down into three categories. The first is the driver who exceeds the 55 mph speed limit by one to nine mph. The judge will likely fine the driver $285, and the DMV will assess 1.5 negligent operator treatment system (NOTS) points.
The second category is the commercial vehicle speeding ticket, ten to fourteen mph over but under fifteen mph. They typically assess a $500 fine, and the DMV assesses the same 1.5 NOTS points.
Once the DOT FMCSA receives the notification of the conviction from the state DMV, they will assess four or seven Compliance, Safety, and Accountability (CSA) severity points, respectively. These severity points could be multiplied by a two or three “time weight.”
If the most recent conviction for a commercial vehicle speeding ticket was less than six months, the multiplier is three, and six months to one year is two.
These severity points and time weight multiples are used to determine the percentile used by the Safety Measurement System (SMS) along with other factors, such as the number of vehicles and miles driven to factor the fleet’s overall safety. For the driver, these will remain on their pre-employment screening program (PSP) record for three years.
The third category is the misdemeanor level of excessive speeding, which could result in a fine of up to $1,000, plus the added ten state and county surcharges that could make it five times that much. Plus, the jail or probation already mentioned.
Further, when the DOT FMCSA receives the notification of your 15 or more mph over the speed limit, they will assess the maximum or ten CSA severity points, flagging it as your first “serious offense.”
The second conviction of this serious offense within 36 months of the first will result in a 60-day driver’s disqualification. You need to speak to a traffic attorney with criminal trial experience. Consider Bigger & Harman’s record of victories for commercial drivers.
Two Significant Traffic Laws Pertaining to Commercial Vehicle Speeding Tickets in CA
CA Vehicle Code (CVC) Section 22406, Other Speed Laws, cautions commercial drivers about the speed differential in CA, and prescribes which vehicles must adhere to this code. It cautions:
“No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour:”
- Tractor-trailers or motortrucks with three axles or more or those hauling another vehicle or trailer.
- Farm labor vehicles with passengers.
- Passenger vehicle or bus hauling a trailer or another vehicle (This includes an RV).
- School buses with students onboard.
- Any vehicle transporting explosives
- Commercial rentals hauling a trailer
Therefore, despite the posted speed limit of 65 or 70 mph for Class C vehicles, most Class A and B commercial vehicles are restricted to fifty-five mph.
Further, Section 22406.1, Other Speed Laws stipulates that it is a misdemeanor crime to exceed the 55 mph speed limit by 15 or more mph. A driver coming from Arizona, Nevada, or Oregon, driving 70 mph when pulled over in CA, would have a criminal record if convicted and could face up to 90 days in the Yolo County jail or probation.
However, the misdemeanor designation is only for commercial vehicle drivers, so the old couple on vacation with their grandson in an RV hauling an all-terrain vehicle (ATV) is not subject to the criminal charge.
Additional Reading Recommendations about a Commercial Vehicle Speeding Ticket
For more information about commercial vehicle speeding tickets in Woodland, CA, read our blog post, Caught Speeding in Your Truck in Woodland, CA.
Beyond the fine, there are 5 Things You Need to Know about a CDL Speeding Ticket and Misdemeanor Speeding Ticket in Commercial Vehicle? Better Lawyer Up!
Whether you are concerned with the financial aspect or the significant scar on your driving career, which will undoubtedly affect your family’s finances, it would be wise to consult a CA traffic attorney before you decide to pay the fine or dispute your ticket in Woodland Traffic Court in Yolo County, CA.
Contact Bigger & Harman, APC, When You Have a Commercial Vehicle Speeding Ticket
Contact Bigger & Harman using the handy contact form, call us at (661) 349-9300, or email attorney@biggerharmanlaw.com.
We are proud of our record of the favorable resolution of traffic tickets for commercial drivers, but we also have an excellent track record at DMV NOTS hearings, getting NOTS point leeway or conviction records removed from their MVR and PSP.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook Copyright 2022.
CVC Section 22406 & 22406.1, Other Speed Laws.
The FMCSA CFR 49 Part 383.51, Driver Disqualifications.