For professional drivers in California, the temptation to push the speed limit can be strong, especially when facing tight deadlines.
However, the consequences of a conviction for commercial vehicle speeding can be detrimental to your far-reaching, impacting your wallet, career, and even your freedom.
Unlike speeding tickets for regular drivers, commercial vehicle speeding violations come with steeper penalties and can negatively affect the driver’s career and ability to negotiate better pay and benefits.
This blog post will explore the three levels of consequences in CA, potential federal repercussions, and, most importantly, how to prevent getting a speeding ticket altogether.
California's Three-Tiered Commercial Vehicle Speeding Penalty System
California doesn't treat CMV speeding the same way as speeding in a passenger car.
Here's what you can expect depending on how much you exceed the speed limit:
- 1-9 mph over— A fine of around $285 and 1.5 Negligent Operator Treatment System (NOTS) points.
- 10-14 mph over— The fine jumps to roughly $550 and is assessed 1.5 NOTS points.
- 15 mph or more over— This could result in a hefty $1,000 fine, a significant three NOTS points, potential jail time or probation, and a misdemeanor on your record.
Federal Fallout: When the FMCSA Gets Notified
The repercussions extend beyond state penalties. The CA DMV notifies the DOT Federal Motor Carrier Safety Administration (FMCSA) about moving violation convictions for commercial drivers.
The FMCSA assigns its own Compliance, Safety, and Accountability (CSA) severity points based on your speed.
Excessive speeding for commercial vehicles by 15 mph or more and all speeding convictions in a construction zone can lead to:
- Up to ten CSA severity points could be increased by a multiple of three time-weight factors if the conviction matches another conviction in the same category within the previous six months or times two within the last year.
- It will remain on the carrier’s DOT Safety Measurement System (SMS) record for two years and affect their safe-driving percentile and fleet insurance.
- A "serious offense" mark on your Pre-employment Screening Program (PSP) record for three years. This can significantly impact your employability.
- Similar consequences apply to any speeding violation within a construction zone.
Multiple speeding convictions within a short period can have even more severe consequences.
A second offense within three years can lead to a 60-day driving disqualification. A third offense doubles that to 120 days, and a fourth takes you off the road for a whole year – potentially ending your driving career, which would happen anyway with another conviction. The driver would be banned from driving for interstate commerce for life.
Preventing a Speeding Ticket: Your Best Defense
The good news is that there are ways to minimize the risk of a commercial vehicle speeding ticket:
- Always be aware of the speed limit— This seems obvious, but it's easy to get caught off guard, especially in unfamiliar areas.
- Utilize in-vehicle speed alerts and governors— Many modern commercial vehicles have these features. Take advantage of them!
- Adjust your speed for weather and road conditions— Rain, fog, or heavy traffic require a slower speed for safety.
- Maintain a safe following distance— This gives you more time to react to sudden stops or unexpected situations.
- Slow down in construction areas of school zones— Construction and school zones often require double fines.
- Prioritize safety over deadlines. A late delivery is far better than a speeding ticket and its potential consequences.
Remember, prevention is always the best strategy. But if you get pulled over for speeding, consult a CA traffic attorney who frequently resolves commercial vehicle violations in South Truckee Court. They can help you navigate the legal process and potentially minimize the damage.
Contact Bigger & Harman About a Commercial Vehicle Speeding Violation
When you require resolution of a commercial vehicle speeding violation Truckee Court, call us at (661) 349-9300, or use the handy online contact form or email us at 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.