Since the amendment to CA Vehicle Code (VC) Section 23123.5, Driving Offenses, AB-47, Distracted Driving, took effect in July 2022, commercial drivers in California face a double whammy regarding illegal cell phone use. A second violation within three years triggers a harsh 60-day disqualification from operating a commercial vehicle from the DOT FMCSA.
The driver’s best option is to consult a CA traffic attorney whenever they are cited for an illegal cell phone use violation.
The danger doesn't stop there. Even simply holding your phone while driving can land you a ticket under the law. This new amendment means a minor violation, such as checking a text while sitting at a red light, could lead to a first violation with a $150 fine and a second $260, but more importantly, it could trigger notification to the DOT FMCSA.
Here's where things get critical: While the CA DMV doesn't assign NOTS points for the first violation, it could be reported to the DOT as a "serious offense," leading to a 60-day disqualification upon a second conviction.
Fleet Managers with a Zero Moving Violation Mentality Often Terminate Drivers
Imagine losing your job and your livelihood over a seemingly minor traffic violation. This is the harsh reality faced by commercial drivers who receive a second illegal cell phone use violation conviction within three years under the DOT FMCSA's regulations.
A second conviction triggers a 60-day disqualification from operating a commercial motor vehicle (CMV), and a third offense will result in a disqualification that lasts four months or a staggering 120 days.
Not many fleet managers will keep the driving position open for 60 to 120 days while a driver serves a disqualification.
What’s more, the conviction and driver disqualification will become part of the drivers’ Pre-employment Screening Program (PSP) record for three years. Any trucking firm recruiting drivers must consider their PSP before hiring them.
Some smaller firms will take a chance on the driver after their disqualification is complete but will likely pay much less.
Protecting Your Livelihood: Preventive Measures
To safeguard their careers, commercial drivers must prioritize distraction-free driving. This means utilizing hands-free devices, pulling over for calls, or simply waiting until reaching their destination to use their phones.
Facing a Ticket? Don't Go It Alone
Even with precautions, unforeseen situations can lead to a cell phone ticket. In such cases, seeking legal counsel from a Kern County traffic attorney is crucial. Their expertise can help resolve the ticket in court, potentially preventing the first conviction that could snowball into future disqualifications.
Bigger & Harman in Bakersfield, CA, offers commercial drivers a no-obligation, free-of-charge initial consultation. When you agree to our flat fee, we will resolve your illegal cell phone use violation without you having to step into the courtroom.
Understanding the Legal Nuances
It's vital to understand contesting a citation doesn't guarantee dismissal, though that is a possibility. However, a determined, experienced defense might get you the edge you need to get a dismissal.
Prioritize Safety and Legal Protection
Commercial drivers must be aware of the career-altering repercussions of a second cell phone use conviction. By prioritizing safe driving practices, minimizing distractions, and seeking legal counsel, when necessary, they can protect their clean driving record and safeguard their ability to earn a living.
Download our e-book, Protecting Your Commercial Driver License.
Contact Bigger & Harman About an Illegal Cell Phone Use Violation
Call Bigger & Harman, APC, at (661) 349-9300, use the convenient online contact form or email attorney@biggerharmanlaw.com.
Although we are licensed to practice law anywhere in CA and have associates in most major cities, our office in Bakersfield makes it very convenient for drivers in Kern County with a traffic ticket in Lamont, Shafter,Ridgecrest, Mojave, Delano, and Bakersfield to stop by when they’re in Bakersfield, CA.
Se habla Español (661) 349-9755.
References:
The DOT FMCSA Cell Phone Use Fact Sheet.
CA Vehicle Code Section 23123.5, Driving Offenses & AB-47, Distracted driving.
The FMCSA CFR 49 Part 383.51, Driver Disqualifications.
The DMV Portal CA Commercial Driver Handbook.