Understanding the difference between nonmoving and moving violations in a CMV is crucial for commercial drivers.
The most important distinction between these two types of violations lies in the points assessed by the California DMV under the Negligent Operator Treatment System (NOTS) and the Compliance, Safety, and Accountability (CSA) severity points assigned by the DOT FMCSA.
Moving Violations: A Major Threat to Your CDL
Moving violations in a CMV, such as speeding, running a red light, texting while driving, or unsafe lane changes, are considered more severe because they involve unsafe driving behavior.
Convictions for these violations result in NOTS points on a driver’s motor vehicle driving record (MVR) in California. NOTS points are part of a system used by the DMV to monitor driver safety and determine whether a driver poses a risk on the road.
However, commercial drivers must keep in mind that for every rule there are exceptions. When considering moving versus non-moving violations, always consult an attorney before assuming there are no NOTS or CSA severity points tied to a violation.
Take, for example:
A coasting violation (basically, out of gear or in neutral). In some states this is a point. It's obviously a moving violation. But in California, it is a non-point violation and is often used in negotiation.
"The driver of a motor vehicle when traveling on down grade upon any highway shall not coast with the gears of such vehicle in neutral.”—CA VC 21710.
CA VC 21718 is a non-emergency stop. A parking ticket, basically. Except— It’s 1.5 NOTS points for truckers. Likewise, there are several exemptions.
CA VC 21461(a) failure to obey a sign. This one is basically a catch all. But it is always 1.5 NOTS points. We've had this one used where there was a no parking sign.
So, you can see how confusing this could be to the layperson; therefore, it is wise to discuss every commercial traffic ticket with a CA traffic attorney before assuming you can safely plead guilty and pay the fine.
Plus, there are extremes that make a violation more severe at the DOT FMCSA level for the driver or the carrier, depending on their policy.
Accumulating too many NOTS points can lead to license suspension, which can severely impact a commercial driver’s livelihood.
In addition to NOTS points, moving violations in a CMV can also result in CSA severity points at the FMCSA.
These points are recorded in the FMCSA’s database (DataQs) and the driver’s Pre-employment Screening Program (PSP) record, affecting a driver’s overall safety rating and ability to secure employment.
A high number of CSA points can lead to increased scrutiny or termination by employers, higher insurance premiums, and a minimum 60-day driver disqualification for a second conviction within three years of “serious offenses,” such as excessive speeding, unsafe lane changes, following too closely, and texting while driving.
Therefore, commercial drivers must avoid moving violations whenever possible.
Nonmoving Violations: Less Impact on Your Record
Nonmoving violations, on the other hand, are considered less severe because they do not involve dangerous driving behavior.
Examples of nonmoving violations include expired registrations, broken taillights, and most parking violations.
While these violations may result in a fine, they do not normally carry NOTS points in California or CSA severity points at the federal level. However, it’s crucial to discuss your situation with a traffic attorney.
A nonmoving violation, when there are no points associated with it, is treated similarly to a parking ticket—it may be financially inconvenient, but it does not impact a driver’s safety record.
A CDL holder would want to avoid moving violations to prevent the accumulation of NOTS and CSA points, which can severely hamper or even end a commercial driving career.
When a driver receives a ticket for a moving violation, the best course of action is to consult a traffic attorney about the specific situation, and dispute it in court if they advise that course of action.
An experienced CA traffic attorney can be invaluable in this situation, as they are often able to negotiate a nonmoving violation.
Why Hire a CA Traffic Attorney to Dispute a Moving Violation in a CMV?
Hiring a CA traffic attorney is essential for commercial drivers who receive a moving violation ticket.
A traffic attorney understands the complexities of California traffic laws and the potential impact on a driver’s career. We know drivers often cannot afford to miss work or turn down a cargo load to appear in court.
That’s why we work to keep our clients on the road while we dispute tickets and negotiate reduced charges.
When the state has a compelling case, a knowledgeable attorney can often negotiate a downgrade from a moving violation to a nonmoving violation with no points. This approach prevents the DMV from assessing NOTS points, ensuring that the DOT FMCSA is not notified of the violation.
Consult Bigger & Harman, APC, Today
If you have a ticket for a moving violation pending in Roseville, CA Traffic Court, call the Bigger & Harman Traffic Defense Team at (661) 349-9300. Se habla Español (661) 349-9755.
If you’ve received a ticket for a moving violation, don’t leave your career to chance—consult with us to protect your driving future.
Use our convenient contact form to schedule a free, no-obligation consultation by phone, Zoom, or email at attorney@biggerharmanlaw.com.
References:
The FMCSA CFR 49 Part 383.51, Driver Disqualifications.
The DOT FMCSA CFR Part 383.31, Notification of Convictions for Driver Violations.
CVC 12810, Issuance and Renewal of Licenses.