Truck Topics
Road Law For Expediters
For those of you who don't know us, we're attorneys Jeff McConnell and James Mennella. We limit our legal practice to what we call ROAD LAW.
Our office defends professional drivers and transportation companies against all Federal and state traffic violations nationwide!
We'll be writing a column for Expediters Online.com to keep you informed of important legal issues that effect your business and livelihood.
We'll do this by using a question and answer format to explain our most frequently asked questions. Here's the truth.
Q: I have an attorney in my hometown that I use for most of my legal problems. Why should I hire a different attorney when I get a traffic ticket?
A: If you're a professional driver, you need a lawyer that understands Federal and state transportation laws and how they work. Most drivers think they're in good hands when they hire any attorney or join one of those legal membership clubs. But, that's a very dangerous thing to do for two reasons.
First, a general practice attorney that handles personal injury, bankruptcy, divorce, etc, probably knows nothing about the Federal Motor Carrier Safety Regulations (FMCSR).
Second, (and most important) a local attorney usually knows nothing about the motor vehicle code in the state where your licensed!
Let's face it, your home state motor vehicle code is really the only one that matters to you!
Remember, a commercial driver with a ticket is a lot different than a four wheeler with a ticket! An attorney has to understand this and take the time to do the necessary research to be able to represent a professional driver correctly.
Q: I got a ticket in my car and I just paid it. Now, it's on my driving record and my company is giving me hell about it. Isn't what I do on my own time my own business?
A: NO! You don't have two MVR's. You only have one and whatever trouble you get into while you're in your personal vehicle is going on your MVR.
There's not a separate commercial / non-commercial MVR. Whether you're convicted of a ticket in your personal vehicle or your commercial vehicle, each conviction will appear on your MVR.
Q: I'm licensed in Louisiana and I got a ticket in Ohio for speeding 64/55mph. The officer told me to just pay the ticket because it was a 0 point violation. After I paid the ticket, I ran my MVR and it showed up as a conviction. Why?
A: The officer didn't tell you the whole truth! Your home state or the state where you're licensed is the ONLY state you should be concerned with. In this example, the officer assumed that Louisiana law was just like Ohio law. IT ISN'T! If your licensed in Ohio, your first two (2) speeding convictions in twelve (12) months will go on your Ohio MVR, but they go on as 0 point violations. Unless you're licensed in Ohio, this doesn't apply to you.
In this question, the driver was licensed in Louisiana. Louisiana doesn't even have a point system. Louisiana has a moving / non- moving system. Because speeding is a moving violation, the Ohio ticket that you paid appeared on your Louisiana MVR as a moving violation.
Q: What are the five (5) serious traffic violations I keep hearing about?
A: Great question! There's a little green and white paperback book that the Fed's put out. It's called the Federal Motor Carrier Safety Regulations Pocketbook or FMCSR for short.
According to the FMCSR, your CDL privileges can be suspended if you're convicted of any two of the five serious traffic violations within a three (3) year period.
These serious violations are listed on page 67 of the FMCSR Pocketbook. Here they are:
1. Excessive speed (15 or more mph over the posted limit)
2. Reckless driving
3. Following too close
4. Improper or erratic traffic lane change and
5. Any ticket you receive from a fatality accident.
If you're convicted of any two of these five violations within a three (3) year period, your CDL privileges will be suspended for sixty days!
Q: I got a ticket for speeding 70/55mph in my car. Is that a Federal violation?
A: NO!
You have to be driving a commercial vehicle before a ticket can result in an FMCSR violation. But remember, just because you were in your car and the ticket isn't a serious violation doesn't mean that it can't hurt you.
If you're convicted of the charge, it's going on your MVR! Remember, if you accumulate enough points or moving violations within a certain time, you'll receive a notice of suspension from your home state.
This type of suspension is for both your CDL and four wheel privileges. But, unlike a Federal suspension, you may be able to get a work permit or license modification to keep driving.
We hope you can use the information in this column to help with every day, real life problems you face on the road. We invite you to send us any questions or comments you may have regarding transportation law to:
ROAD LAW
1330 N. Classen Blvd.,
Suite 215,
Oklahoma City, OK 73106
(405) 272-0555
Fax (405) 272-0558
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