GUEST ARTICLE CONTINUED: TRAFFIC INFRACTIONS/COMMERCIAL VEHICLES

GUEST ARTICLE CONTINUED: TRAFFIC INFRACTIONS/COMMERCIAL VEHICLES

By David G. Ballard

 

A high ranking based upon aggregate scores in the categories is cause for FMCSA to audit or investigate the operations of the motor carrier which could ultimately result in the imposition of a civil penalty or being declared out of service.

 

            To illustrate these concerns briefly and by way of a non-inclusive example, a driver, who has been stopped for exceeding the posted speed limit by 15 miles and hour, may amass the following points or predicate, respectively, in these two different legal and administrative systems:

            6. an infraction citation for excessive speeding which may be challenged in the state criminal court;

 

            7. in addition to the fine, four (4) points against his driver’s license under IDAPA 39.02.71.100.05 upon conviction;

 

            8. upon conviction, the first prong towards a future 60 day suspension under 49 CFR § 383.51(c) – disqualification for serious traffic violations, if there is a second conviction of any combination of the following offenses in a 3 year period:

 

            a. exceeding posted speed limit by 15 miles per hour;

 

            b. driving recklessly under state law;

 

            c. making improper or erratic traffic lane change;

 

            d. following too closely;

 

            e. violating a state of local law relating to traffic control (other than a parking violation) arising in connection with a fatal accident;

 

            f. driving a CMV without obtaining a CDL;

 

            g. driving a CMV without a CDL in the driver’s possession [n4]; and

 

            h. driving a CMV without the proper class of CDL and/or endorsements.

 

            9. Ten (10) points under the DSMS (Section 393.2-SLLS4) that are weighted 30 for the first 12 months; and

 

the motor carrier may accumulate the following points in the federal regulatory system:

 

            10. Ten (10) points under the CSMS (Section 393.2SLLS4) that are weighted 30 for the first 6 months.

TO BE CONTINUED