Speeding Ticket 1to10mph

Topic 23100 | Page 1

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Austin O.'s Comment
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Speeding 1 to 10 mph over the limit... do I have to notify my employer for a petty offence?

Fatsquatch 's Comment
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You have to notify your employer of all citations you receive, including in your personal vehicle. Every driving infraction you ever receive affects your record, and if you fail to report it to your employer, they may terminate you for it. Better to tell them and get a stern talking to than have them find out later.

Old School's Comment
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Fatsquatch is precisely correct. I'm also curious, is this in a commercial vehicle?

Austin O.'s Comment
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Old school no it was in my personal car. My attorney said I didn't have to notify since it wasn't a 15mph above but i wanted to check here to see what everyone else says about it. So from what I understand I have 30 days from the date of conviction to notify my employer? He also mentioned since this is considered a petty offence it wont be to harsh on my CDL as if I had a 15mph ticket ?

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Old School's Comment
member avatar

Your attorney is mistaken. You need to inform your employer. You are now in a whole new league. You're a professional driver now. You've got to be really careful with your driving record. It's your resume now, and it can really hurt your chances of having a good job.

Yes, you can be glad it's not 15 over, but I'd go ahead and let your safety director know about this as soon as possible. These companies do random driving record checks on their drivers. You sure don't want them to find this out on their own.

Tell them you made a stupid mistake and let them know what you've learned from it. That's what they need to hear.

Daniel B.'s Comment
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It bothers me how you call a speeding ticket a "petty offence".

Tim F.'s Comment
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Old school no it was in my personal car. My attorney said I didn't have to notify since it wasn't a 15mph above but i wanted to check here to see what everyone else says about it. So from what I understand I have 30 days from the date of conviction to notify my employer? He also mentioned since this is considered a petty offence it wont be to harsh on my CDL as if I had a 15mph ticket ?

Austin...like Daniel said..a speeding ticket is not a petty offense. This license is your money maker for life. You earned it, now don’t lose it or the opportunity to use it.

Good luck and I’d try to get it reduced if I could.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Bill F.'s Comment
member avatar

You do, you really really do...

FMCSA LINK

Part 383 Section § 383.31: Notification of convictions for driver violations. Below are the available interpretations for the given section. To return to the list of parts, use the Parts link above. The menu to the left provides a full list of sections that have interpretations. To view interpretations for a different section, click on the menu item.

Guidance Q&A

Question 1: Must an operator of a Commercial Motor Vehicle (CMV) (as defined in §383.5), who holds a CDL , notify his/her current employer of a conviction for violating a State or local (non-parking) traffic law in any type of vehicle, as required by §383.31(b), even though the conviction is under appeal?

Guidance: Yes. The taking of an appeal does not vacate or annul the conviction, nor does it stay the notification requirements of §383.31. The driver must notify his/her employer within 30 days of the date of conviction.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • CSA:

    Compliance, Safety, Accountability (CSA)

    The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

    FMCSA:

    Federal Motor Carrier Safety Administration

    The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

    What Does The FMCSA Do?

    • Commercial Drivers' Licenses
    • Data and Analysis
    • Regulatory Compliance and Enforcement
    • Research and Technology
    • Safety Assistance
    • Support and Information Sharing

    DOT:

    Department Of Transportation

    A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

    State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

    CMV:

    Commercial Motor Vehicle

    A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

    • Weighs 10,001 pounds or more
    • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
    • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
    • Is designed or used to transport 9 or more passengers (including the driver) for compensation
    • Is transporting hazardous materials in a quantity requiring placards

    Fm:

    Dispatcher, Fleet Manager, Driver Manager

    The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Cold War Surplus's Comment
member avatar

..a speeding ticket is not a petty offense.

A speeding ticket IS a petty offense. Petty offense is a legal term for the lowest level of crimes (parking violations, speeding tickets, etc). In legal terminology a speeding ticket is a petty offense as opposed to a misdemeanor or a felony. Austin O. was quoting his attorney not dismissing the severity of his ticket.

Grumpy Old Man's Comment
member avatar

Here is a question.

In NY, if you get a speeding ticket, they will let you plead it down to a non moving violation in most cases. Parking, loud muffler, etc.

I wonder how that affects the reporting requirement? Do you have to report as soon as you get the ticket, or after you go to court and found guilty, or pled it down?

I have no idea if they will let you plead it down if you have a CDL , by the way

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
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