Speeding in a commercial vehicle is a frequent occurrence for drivers holding a commercial driver's license (CDL).
In the event of a conviction, these CDL holders are subject to increased insurance rates, akin to regular drivers. However, the penalties they face are considerably higher. Additionally, each violation results in a 50 percent hike in Negligent Operator Treatment System (NOTS) points for commercial drivers over that of their non-commercial driving peers.
Severe Consequences for a Speeding in a Commercial Vehicle Conviction
Consequently, even a single speeding ticket can potentially cost a commercial driver their job. Such circumstances underscore the utmost importance for commercial drivers to prioritize safety and adhere to traffic regulations.
Hence, it is essential for the driver who receives a citation to seek guidance from a traffic attorney. Ignoring this course of action could jeopardize their ability to earn a living. Many fleet managers are known to have zero tolerance for drivers with a moving violation. Considering this, seeking legal counsel becomes ever more crucial in such scenarios.
According to regulations set by the FMCSA, it is mandatory for CDL holders to inform their employer about any traffic ticket convictions within 30 days. In the event of a conviction, the DMV will notify their employer and forward the details of the conviction to the FMCSA Safety Measurement System (SMS). This information will then be added to the driver’s Pre-employment Screening Program (PSP) record for three years.
In California, non-commercial drivers face four tiers of penalties for speeding:
Level one is speeding between 1-15 mph over the posted speed limit or safe driving speed. If caught in this range, drivers can expect to face a fine of approximately $237. Plus, one NOTS (Negligent Operator Treatment System) point will be added to their record.
Level two is speeding between 16-24 mph over the speed limit. With a fine of around $360 and, the DMV will assess one NOTS point.
Level three is speeding over the limit by 25 mph up to 100 mph. The fine is approximately $490, and the DMV will assess one NOTS point.
Level four speeding is exceeding 100 mph. When drivers exceed the 100 mph barrier, they can expect their fine to range between $859 to $2,137. Speeding 100+ mph is a major infraction, and the DMV will assess two NOTS points that will stay on the driver’s record for seven years. Such instances are incredibly rare for commercial drivers — even in their private vehicles.
CA Vehicle Code (CVC) Section 22406, Speed Laws, imposes limitations on the speed commercial vehicles with three or more axles or those that are towing a trailer can travel, capping it at 55 miles per hour.
However, speeding in a commercial vehicle could net the driver the following fines if convicted:
- A one to nine mph speeding ticket conviction could cost $285, plus 1.5 NOTS points.
- A ten to fourteen mph speeding ticket could cost $500, plus the 1.5 NOTS points.
- A 15 mph or more speeding ticket for a commercial driver could cost more than $2,000, probation or confinement in county jail up to six months, and three NOTS points that will stay on their CA driving record for seven to ten years.
Hence, it is always advisable for a commercial driver to consult a traffic attorney before they pay the fine.
Misdemeanor Speeding & the FMCSA “Serious Offense”
Furthermore, Section 22406.1, Speed Laws, supplements this by criminalizing the act of exceeding the 55 mph limit by 15 or more mph in these commercial vehicles. This offense is categorized as a misdemeanor and carries significant consequences. It is also considered a “serious offense” by the DOT FMCSA.
A second conviction inside a three-year window will result in the driver being disqualified from driving their commercial vehicle for 60 days, and a third in that same timeframe will be disqualified for 120 days.
However, the worst consequence for fleet drivers could be the termination from their driving position. With a serious offense on their Pre-employment Screening Program (PSP) record, they will be seriously hampered in finding another driving job because the FMCSA mandates that recruiting fleet managers must consider the PSP of potential candidates before hiring.
Consult with Bigger & Harman, APC, about a Speeding in a Commercial Vehicle Ticket
We have assisted many commercial drivers with speeding tickets, protected their rights, and resolved their tickets. We offer a free initial consultation — even by phone or email. So, there’s no need to turn down a trip to resolve your ticket.
Call us at (661) 349-9300. Likewise, you can use the convenient contact form or email attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.