Yet, understanding the repercussions and intricacies of speeding penalties in commercial vehicles is vital for every driver. These penalties are not just punitive in terms of fines but can significantly affect a commercial driver’s license (CDL) holder's driving career.
Commercial drivers bear an enormous responsibility. Given that they often transport heavy loads over long distances, it is paramount that they maintain stringent safety standards on the road.
How Much Is the Fine for a Commercial Vehicle Speeding Conviction?
When we explore speeding penalties in commercial vehicles, the foremost concern tends to be the immediate financial cost, yet these are often only “the tip of the iceberg.”
A minor speeding infraction can range from $237, $550, or a staggering $800, contingent primarily on how many mph the vehicle was going over the limit. But even $800 is cheap compared with a driver’s termination or disqualification. If an attorney can get a non-moving conviction with an $800 fine instead of having to notify the fleet manager of a conviction, most drivers will gladly accept such a deal.
However, it's crucial to understand the severe ramifications of speeding extensively. Excessive speeding, 15 mph or more over the statewide speed limit for commercial vehicles, isn't just a routine ticket; it can be a misdemeanor crime.
“No person may drive any of the following vehicles on a highway at a speed in excess of 55 miles per hour:
(a) A motortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle.
(b) A passenger vehicle or bus drawing any other vehicle.
(c) A school bus transporting any school pupil.
(d) A farm labor vehicle when transporting passengers.
(e) A vehicle transporting explosives.
(f) A trailer bus, as defined in Section 636.”—CA Vehicle Code (CVC) Section 22406, Speed Laws.
CVC Section 22406.1 (a), Speed Laws, goes on to add that:
“A person who operates a commercial motor vehicle, as defined in subdivision (b) of Section 15210, upon a highway at a speed exceeding a posted speed limit established under this code by 15 miles per hour or more, is guilty of a misdemeanor.”
However, subparagraph (b) negates the misdemeanor classification for a CDL holder operating their privately owned vehicle.
Nevertheless, a conviction of “excessive speeding,” as defined in Section 22406.1, is classified as a “serious offense” by the DOT FMCSA, amplifying the consequences for the driver.
Serious offenses can have severe consequences for a commercial driver’s career.
A second conviction of a serious offense can lead to a 60-day driver disqualification, and a third within three years, can lead to a 120-day disqualification.
Traffic Violators School (TVS) Is Not an Option to Lessen Speeding Penalties in a Commercial Vehicle
Contrary to popular belief, attending the Traffic Violators School (TVS) isn't a magical solution to mitigate speeding penalties in commercial vehicles.
CDL holders cannot use TVS attendance to keep a speeding conviction hidden from their employers or the FMCSA. Any moving violation in a CMV needs to be reported to the employer within 30 days. Moreover, the CA DMV will promptly assess the negligent operator treatment system (NOTS) points and notify the FMCSA of a conviction, leaving no room for secrecy.
Consult a CA Commercial Speeding Attorney
Navigating the intricate waters of speeding penalties in commercial vehicles is a daunting task best left to legal professionals.
Regardless of what Jake told you over coffee at the truck stop, traffic attorneys know how the system works; they know the judges who will accept a plea deal to keep many truckers from a misdemeanor conviction that will follow them for the next seven to ten years and will very likely end their career. They know which law enforcement officers (LEOs) typically show up at trial and who has been transferred or retired.
The attorney can ask for immediate dismissal if the ticketing LEO does not show up for trial. They can subpoena RADAR and LIDAR calibration, LEO training records, and other pertinent evidence.
Some traffic court judges will allow a non-moving violation conviction similar to a parking ticket with no NOTS points. When there are no NOTS points, the DMV is not notified; hence, neither is the DOT FMCSA. Your Pre-employment Screening Program (PSP) record stays clean.
Therefore, it's imperative for all CDL holders to seek consultation from and potentially hire a traffic attorney before determining their course of action. An experienced traffic attorney can help to challenge and possibly lessen the speeding penalties in commercial vehicles by disputing the charges in traffic court.
The gravity of a speeding penalty doesn't end with a fine or short-term repercussions.
In fact, it doesn’t stop when the CA DMV assesses NOTS points and adds those to the CDL holder’s CA driving record for three years or more.
For commercial drivers, a violation scars their CA motor vehicle driving record, and this mark will also appear on their PSP at the DOT FMCSA. Such records can hinder future employment opportunities, particularly when drivers are terminated from their current fleet. As future driving positions depend on a mandatory check of their PSP by potential employers, which will drastically affect their driving career, pay per mile, and benefits.
In Summary
Speeding in a commercial vehicle isn't merely about breaking a traffic rule; it's about understanding the comprehensive implications of such a violation.
The fine, potential criminal classification, and lasting impact on a driver’s MVR and PSP make it essential for commercial drivers to be cautious and consult a qualified attorney. Turning to a qualified traffic attorney can prove invaluable when they face such charges. The roads of California demand responsibility, and for commercial drivers, this responsibility carries both safety and career implications.
Consult a CA Traffic Attorney About the Speeding Penalties in a Commercial Vehicle in Woodland, CA
Consult with Bigger & Harman at (661) 349-9300 about your commercial traffic tickets in Woodland Courthouse in Yolo County, CA. Use their user-friendly contact form or email attorney@biggerharmanlaw.com.
Se habla Español (661) 349-9755.
References:
The DMV Portal CA Commercial Driver Handbook.
The FMCSA CFR 49 Part 383.51, Driver Disqualifications.
CVC Sections 22406 & 22406.1, Speed Laws.
The DOT FMCSA CFR Part 383.31, Notification of Convictions for Driver Violations.