The wise commercial driver discusses all traffic tickets with a CA traffic attorney before acting on them. The last thing you want is speeding tickets on your CDL (Commercial Driver’s License).
Speeding Tickets Are the Most Common Moving Violation
Speeding is a widespread traffic violation. In fact, it is the most commonly issued traffic citation in the world, and it affects drivers from all walks of life.
However, for commercial drivers holding a CDL, the consequences of a speeding ticket can be far more severe. Speeding tickets on your CDL can immediately impact your career and your employer's operations, especially if they manage a fleet of commercial vehicles.
Fleet managers understand that minimizing moving violations is crucial to maintaining a good safety record for their DOT number. A speeding ticket can tip the balance and increase insurance premiums, damage reputations, and even lead to driver terminations.
When a fleet driver using their DOT number gets convicted of speeding or any moving violation, the Safety Measurement System (SMS) maintained by the FMCSA updates their DataQs monthly.
Speeding Tickets on Your CDL Result in NOTS Points & CSA Severity Points
In CA, when a commercial driver is convicted or pays a fine for a speeding ticket, the DMV assesses 1.5 Negligent Operator Treatment System (NOTS) points for speeding 1-14 mph over the posted speed limit and three NOTS points for a conviction for speeding 15 or more mph in a 55 mph zone.
However, if the speed limit is 40 mph, say on a steep grade, driving 55 mph does not make you eligible for a misdemeanor ticket.
These NOTS points impact your CDL status. Furthermore, under the SMS administered by the FMCSA, a speeding conviction will result in CSA severity points.
Each moving violation is assessed with Compliance, Safety, and Accountability (CSA) severity points. Those points are multiplied by a time-weight factor of two or three, depending on the most recent conviction in that area of Behavior Analysis and Safety Improvement Categories (BASICs).
Say the last conviction was within the previous six months; the multiple would be three, and from six months to a year, the multiple would be two. During the twelve to twenty-four months the conviction would remain on the fleet’s record, it would be face value.
“There are three levels of CSA severity points assessed due to a conviction for a CDL speeding ticket, these are: Ten points for speeding 15 mph or more over the limit or any speed violation in a construction zone. Seven points for speeding 11-14 mph over. Four points for speeding 6-10 mph over.” — Golden Way Trucking.
Therefore, a conviction for a speeding ticket 15 mph or more over would be assessed ten CSA severity that would be multiplied by three. Thirty points would be added to the fleet’s SMS record, which would be applied along with many other factors, such as the number of vehicles in the fleet, and the total miles driven to derive their SMS percentile.
A percentile below 50 is considered safe, from 51 to 74 is marginal, and 75 and above will lead to FMCSA interventions, such as all vehicles using that DOT number being pulled into weigh stations for inspection or a policy and procedures fleet inspection of HQ.
No fleet wants either of these interventions. It’s much easier to terminate drivers with moving violations and hire rookies fresh out of school.
If you're that unlucky driver who pushes your employer over the limit, you could find yourself jobless, with a scarred PSP, looking for a new driving position.
Excessive Speeding Can Result in a Driver Disqualification & Criminal Record
When a commercial driver is stopped for exceeding the posted speed limit by 15 or more mph, they face more severe consequences.
This violation constitutes a misdemeanor offense in CA, which can have long-lasting repercussions. You can easily determine if your citation is for a misdemeanor by checking if the law enforcement officer circled the letter "M" instead of "I."
Excessive speeding, 15 or more mph over the limit or speeding in construction zones carry ten CSA severity points that will be recorded on your Pre-employment Screening Program (PSP) record for three years.
A second conviction for excessive speeding within three years can lead to a 60-day driver disqualification. Additionally, a misdemeanor conviction in CA can result in a criminal record, a fine of up to $1,000, county jail confinement or probation, or both fine and jail. These can negatively influence your future job prospects and personal life.
You Need a Traffic Attorney to Dispute Speeding Tickets
When facing speeding tickets on your CDL, it's crucial to seek professional legal assistance from a traffic attorney experienced in handling commercial driver cases. An attorney can work to negotiate with the prosecutor to potentially reduce the speed violation to below 15 mph or explore other legal avenues for dismissal or mitigation.
Consult Bigger & Harman Before You Have Convictions for Speeding Tickets on Your CDL
To possibly avoid points and fines from a CDL speeding ticket from Roseville Courthouse, you need legal assistance.
Call for a free initial consultation to better understand possible solutions for speeding tickets on your CDL. Contact Bigger & Harman for an initial consultation at (661) 349-9300 or email attorney@biggerharmanlaw.com.
Alternatively, you can use the convenient online contact form.
Download our e-book, Protecting Your Commercial Driver License.
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References:
The DMV Portal CA Commercial Driver Handbook.
CVC Sections 22406 & 22406.1, Speed Laws.
The FMCSA DataQs page.
The Inifit-I Workforce article, “Seven CSA Basics for Transportation.”