GUEST ARTICLE: TRAFFIC INFRACTIONS/COMMERCIAL VEHICLES

For you I now offer a series of guests articles from my colleague and friend, David Ballard.  Commercial drivers face many more "big brother" dificulties.  Read on!

POTENTIAL FEDERAL REGULATORY CONSEQUENCES OF AN IDAHO TRAFFIC  INFRACTION WHEN OPERATING A COMMERCIAL MOTOR VEHICLE

 

by David G. Ballard [n7]

 

            Being stopped for an alleged traffic violation by an officer of the Idaho State Police, who is also certified as a “Commercial Vehicle Safety Administration Officer”[n1], may have the following outcomes for the driver of a commercial motor vehicle (the “truck driver”):

 

            1. the issuance a traffic citation under the Idaho criminal code (the “offense”) which could result in a conviction and a fine;

 

            2. upon conviction of the offense, the collection of points against the driver’s license of the truck driver (the “Commercial Driver License” or “CDL”) under the Idaho Department of Motor Vehicle System besides the fine;

 

            3. upon conviction of the offense and under the Federal Motor Carrier Safety Regulations, the accrual of a first offense that may trigger disqualification of the truck driver upon the  conviction of a second offense or disqualification if the conviction is the second conviction; and

 

            4. the conduction of a Driver and/or Vehicle Inspection and the issuance of federal regulatory violation(s) (the “Driver / Vehicle Examination Report”) resulting in the accumulation of points [n2] under CSA (“Compliance, Safety, Accountability”), which is an regulatory safety program of the Federal Motor Safety Administration (“FMCSA”), whereby a driver is “scored” in categories (the Driver Safety Measurement System or “DSMS”) related to the risk of engaging in unsafe operations that may result in accidents; and

 

may have the following outcome for the motor carrier for which the truck driver is operating:

 

            5.  resulting from the above Driver / Vehicle Inspection and the concomitant issuance of federal regulatory violation(s), the accumulation of points under CSA whereby a motor carrier (the “trucking company”) is scored in categories (the CSA Safety Measurement System Methodology or “CSMS”) related to the risk of engaging in unsafe operations that may result in accidents [n3].

© David G. Ballard, JD, October 12, 2013

NEXT TIME,  ILLUSTRATIONS OF CONSEQUENCES FROM INFRACTION CITATIONS