When it comes to DOT FMCSA “serious offenses,” such as illegal cell phone use, excessive speeding, following too close, unsafe lane changes, and others, commercial drivers must dispute serious offenses or risk possible career-ending penalties.
What Does the DOT FMCSA Consider a Serious Offense
According to the FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers, a serious offense requires a minimum 60-day driver’s disqualification for a second conviction within three years, these include:
Reckless driving
Illegal cell phone use (talk or text)
Following too close (tailgating)
An unsafe lane change
Speeding excessively (15 or more mph above the speed limit) or speeding in a construction zone
Disobeying a traffic control device, such as a red light, leading to a fatal collision
Operating a CMV without a CDL, commercial learner’s permit (CLP), or required endorsement
Railroad crossing violations are included as serious offenses; however, a conviction for violating railroad crossing laws will trigger an automatic 60-day disqualification after the first conviction or paid fine.
Commercial Drivers Must Dispute Serious Offenses
When a commercial driver’s license (CDL) holder is driving a commercial motor vehicle (CMV), there are violations that the FMCSA defines as a serious offense.
A conviction or paid fine in CA will trigger a notification by the DMV. The FMCSA will then assess Compliance, Safety, and Accountability (CSA) severity points and keep the record of conviction on the driver’s Pre-employment Screening Program (PSP) record for three years and the carrier’s Safety Measurement System (SMS) record for two years.
These negative records will affect the commercial driver’s ability to negotiate higher salary and better benefits and the trucking firm’s fleet insurance premium. Also, a high SMS percentile will lead to further interventions from the DOT FMCSA.
Regardless of the situation, commercial drivers should always consult a CA traffic attorney to avoid turning down cargo transport to dispute serious offenses without attending an arraignment and trial, effectively use their knowledge and experience to negotiate a non-moving violation when possible, and/or request a dismissal.
Although there are no guarantees, Bigger & Harman are knowledgeable about court procedures, law enforcement officers, judges, and, most importantly, which elements of the CA Vehicle Code the State must demonstrate to prove “guilt beyond a reasonable doubt.”
Consult Bigger & Harman to Dispute Serious Offenses in Roseville Courthouse
If accused of a traffic violation commercial drivers must dispute serious offenses in Roseville Courthouse to protect their career.
Contact Bigger & Harman for an initial consultation at (661) 349-9300. Se habla Español (661) 349-9755. Email attorney@biggerharmanlaw.com or use Bigger & Harman’s convenient online contact form.
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.
The DMV Portal CA Commercial Driver Handbook.