The DOT FMCSA says following too close in a CMV (commercial motor vehicle) occurs when “…situations in which one vehicle is following another vehicle so closely that even if the following driver is attentive to the actions of the vehicle ahead, he/she could not avoid a collision in the circumstance when the driver in front brakes suddenly."
Also, when the CMV driver provides more space between vehicles, it allows for more stopping time and permits the driver to react, make better decisions, and check the sides for vehicles that might be affected by a lane change if necessary to avoid the vehicle in front.
They add that a Large Truck Crash Causation Study (LTCCS) determined that five percent of CMV collisions were due to the driver following too close.
Two Suggestions by the FMCSA for Maintaining a Safe Following Distance
#1 — Heavy trucks need more room to brake safely, so leave four seconds of distance between you and the vehicle ahead at 40 mph and an additional second for each ten mph of speed over 40. Therefore, you should leave six seconds between you and the vehicle ahead at 55 mph, the statewide speed limit in CA.
#2 — The distance needed to stop increases greatly with heavier vehicles and in inclement weather. Therefore, you should double the distance between you and the vehicle ahead in fog, rain, and other emergencies like road construction.
Following Too Close in a CMV in CA
Tailgating or following too close in a CMV in CA is a minor infraction. However, that doesn’t mean a commercial driver should pay the approximately $238 fine and move on.
After a conviction or paid fine, the DMV will assess 1.5 Negligent Operator Treatment System (NOTS) points for a moving violation and notify the DOT FMCSA.
Moreover, those 1.5 NOTS points will stay on the driver’s motor vehicle driving record for three years and are nearly halfway to a six-month suspension, which a commercial driver cannot afford.
A California driver cannot accumulate four or more NOTS points in a year, six or more in three years, or eight or more within three years before the DMV issues an Order of Suspension and Probation.
Due to the added risk of daily driving, the commercial driver can request the additional leeway of two more NTOS points per year, depending on the miles driven and how the NOTS points were accumulated, and what additional endorsements they may have. If the majority were assessed against the driver in a CMV, then the miles driven could benefit them with more leeway.
The driver or their attorney must request a DMV NOTS hearing within the specified time from the DMV suspension notice mailing date.
Consequences for a Following Too Close in a CMV Conviction at the FMCSA
All moving violations in a CMV are significant events; however, some moving violations are labeled as “serious offenses” by the FMCSA; these include:
Reckless driving
Following too close
An unsafe lane change
Driving without a commercial driver’s license (CDL), commercial learner’s permit (CLP), or endorsement.
Using a cell phone or texting while driving.
Excessive speeding, 15 or more mph over the speed limit or any speeding in a construction zone.
Fatal accidents that arise from ignoring a traffic control device (traffic lights).
When a commercial driver gets convicted of one of the above offenses, a record is kept in the driver’s Pre-employment Screening Program (PSP) for three years.
A second conviction will result in a 60-day driver disqualification, and a third, 120 days.
Most fleet managers will not retain a driver with a serious offense, mainly because it goes against the fleet’s Safety Measurement System (SMS) percentile, which most fleet insurers use as a metric to determine the carrier’s fleet premium.
Likewise, the carrier’s SMS percentile is used by the FMCSA to determine interventions. For instance, a carrier with a percentile above 50 will be pulled into open weigh stations for weigh-in and roadside inspection.
These stops can affect the carrier’s delivery schedule and cause shipping contract terminations.
Consult Bigger & Harman About Disputing a Following Too Close in a CMV in Roseville Courthouse
If you have been issued a citation for following too close in a CMV, you should consult a CA traffic attorney immediately.
Contact Bigger & Harman for an initial consultation at (661) 349-9300. Se habla Español (661) 349-9755, or email us at attorney@biggerharmanlaw.com.
Alternatively, you can use the 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 FMCSA Safe Driving Tips — Following Too Closely.
The DMV Portal CA Commercial Driver Handbook.