The key to preventing commercial vehicle speeding infractions and misdemeanors on I-15 around Victorville, CA, is understanding the CA speed differential for commercial vehicles.
As most seasoned commercial drivers know, the statewide speed limit for most commercial vehicles, according to CA Vehicle Code (VC) Sections 22406 & 22406.1, Speed Laws, is 55 mph.
However, many truckers don’t realize that driving 15 or more mph above that 55-mph speed limit is a misdemeanor offense.
In other words, if you’re driving 70 mph like many others on I-15 heading to Nevada or LA, you face a criminal record that could follow you the rest of your life if convicted.
When everyone else is going 75 or 80 and you’re up against a deadline, it’s hard not to press down on that accelerator a bit more.
That’s pretty harsh for doing your job delivering America’s goods and products.
Regardless of the commercial vehicle speeding ticket, you should always discuss it with a traffic attorney before you decide to pay the fine or challenge it in Victorville Traffic Court.
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:
One to nine mph above the speed limit or safe driving speed given the road or weather conditions: A fine of around $285 and 1.5 Negligent Operator Treatment System (NOTS) points on your record for three years.
Ten to fourteen mph above: The fine jumps to roughly $550 but is also assessed the 1.5 NOTS points for a moving violation.
Fifteen mph or more above the speed limit: This could result in a hefty $1,000 or more fine, a stout three NOTS points (which remains on your CA driving record for up to ten years), 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 FMCSA about moving violation convictions for commercial drivers.
The FMCSA assigns Compliance, Safety, and Accountability (CSA) severity points based on your speed and multiplies those by a time-weight standard.
Excessive speeding for commercial vehicles by 15 mph or more above the speed limit and all speeding convictions in a construction zone can lead to:
Up to ten CSA severity points that 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, affecting their safe-driving percentile and fleet insurance.
A "serious offense" annotation on the driver’s Pre-employment Screening Program (PSP) record for three years. This mark on their record can significantly impact 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 conviction for commercial drivers 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 with another conviction. The driver would be banned from driving for interstate commerce for life.
Preventing a Speeding Ticket
The good news for commercial drivers 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 getting caught off guard is easy, 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.
Maintaining a safe distance between you and the vehicle ahead: This allows greater reaction times when sudden stops and unexpected situations occur.
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 Victorville Courthouse in San Bernardino County, CA.
Bigger & Harman can help you navigate the legal process and potentially minimize the damage.
Consult with Bigger & Harman, APC, about Your Commercial Vehicle Speeding Ticket
If you face a commercial vehicle speeding ticket from an incident on I-15 in Victorville in San Bernardino County, CA, contact Bigger & Harman.
Call us at (661) 349-9300 — Se habla Español (661) 349-9755.
Likewise, use the convenient contact form or email attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
CVC Sections 22406 & 22406.1, Speed Laws.
Cornell Law School LII WEX Definitions: Misdemeanor.
The DMV Portal CA Commercial Driver Handbook.