Traffic tickets for rideshare, delivery and CDL drivers

Federal rules say a state must not mask, defer judgment on, or allow a diversion program that would keep a commercial license holder’s traffic conviction, in any type of motor vehicle, from appearing on their driver record in the Commercial Driver’s License Information System (CDLIS). Parking, vehicle weight, and vehicle defect violations are excluded (49 CFR § 384.226).

A driver is presumed to be a negligent operator at 4 or more points in 12 months, 6 or more in 24 months, or 8 or more in 36 months (Vehicle Code § 12810.5(a)).

For class A and class B license holders who request and appear at a DMV hearing, the presumption applies at 6 or more points in 12 months, 8 or more in 24 months, or 10 or more in 36 months. This does not apply to holders of certain certificates (such as a school bus certificate) or passenger or hazardous-materials endorsements. The higher counts also do not apply if the DMV reasonably determines that 4 points in 12 months, 6 in 24, or 8 in 36 came from driving a vehicle that needs only a class C or class M license (Vehicle Code § 12810.5(b)(1)).

For these class A and class B rules, each point from a violation the DMV attributes to driving a vehicle that requires a class A or class B license (or a covered certificate or endorsement) counts as one and one-half points (Vehicle Code § 12810.5(b)(2)).

Under federal rules, a commercial license holder is subject to disqualification for listed violations whether driving a commercial motor vehicle or a non-commercial vehicle. Convictions in either type of vehicle are counted when deciding whether a violation is a first or a later one (49 CFR § 383.51(a)(3)–(4)).

Federal rules list these serious traffic violations that can count in a non-commercial vehicle: speeding 15 mph or more over the posted or regulated limit, reckless driving, improper or erratic lane changes, following too closely, and a traffic-control violation connected with a fatal accident. For a second conviction within 3 years in a non-commercial vehicle, the federal table sets a 60-day disqualification from driving a commercial motor vehicle, and 120 days for a third. In a non-commercial vehicle this applies only if the conviction results in the revocation, cancellation, or suspension of the license or non-commercial driving privileges (49 CFR § 383.51(c), Table 2).

California law says a driver may not operate a commercial motor vehicle for 60 days if convicted of a serious traffic violation involving a commercial or noncommercial motor vehicle, when the offense occurred within 3 years of a separate serious traffic violation that resulted in a conviction. When it is within 3 years of two or more such convictions, the period is 120 days (Vehicle Code §§ 15306 and 15308).

Under California’s commercial driver law, a “serious traffic violation” includes any single speeding offense of 15 miles per hour or more above the posted speed limit (Vehicle Code § 15210(p)(1)).

Federal rules require a commercial license holder who operates a commercial motor vehicle and is convicted of a traffic-law violation in any type of motor vehicle (other than parking) to notify their current employer in writing within 30 days of the conviction (49 CFR § 383.31(a)).