Ticket Clarification

Car · Feb 26, 2010

Hey All,

My husband is a new grad from driving school
Just got word that a local company won't hire him
as he has a 15 mph over the limit ticket prior to getting his CDL.
An employer told him that 15 is considered reckless driving by their
insurance agency.
He said that it would be a year before anyone or "good" company would
touch him and he would have to do alot more door knocking.

Throw in he is a newbie without any road time, now toss in the red check of the 15 miles over the limit ticket.

I read on here that 20 over the limit was the norm.

Appreciate any help on this one.

Allow Me. · Feb 26, 2010

15 over or more is one of 5 serious offenses that companies frown on. Tailgating, unsafe lane change, no drivers license in possession, and one other that I can't remember are the others. These rules came in some years back to try to reign in bad drivers. As a commercial driver, you need to learn to keep your license squeaky clean. NO EXCUSES. As you can see, it will haunt you years later. Just keep looking. good luck.....

RickG · Feb 26, 2010

FMCSA serious violations include

Serious traffic violation means conviction of any of the following offenses when operating a CMV, except weight, defect and parking violations:
(a) Excessive speeding, involving any single offense for any speed of 15 miles per hour or more above the posted speed limit;
Click to expand...

http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?section=383.5
He wasn't operating a CMV , I know but it's still serious . I'm sure the school was aware of it when they took his money , weren't they ?
There is no help . He should have gotten an attorney and had the charge reduced . Worse yet , since he now has a CDL he cannot go to traffic school to remove the offense .

49 CFR 384.226 says that states must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL driver's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (except a parking violation) from appearing on the driver's record, whether the driver was convicted for an offense committed in the State where the driver is licensed or another State. This applies whether the motorist was in a commercial vehicle or personal car.
Click to expand...

http://www.carinsurance.com/kb/content55711.aspx

25(2)+2 · Feb 26, 2010

It is the insurance companies that push the issue; it sometimes, but not always, depends on what the speed actually was, 15 over in a 75 is 90, while 15 over in a 25 is 40 and is far more likely to be inadvertent or the result of poor signing or obscured signs in speed traps.

15 over is considered the same as reckless by some companies.

Careless driving is also considered a big deal by some companies.

Car · Feb 26, 2010

Thanks for taking the time to reply to this. It was 45 in a 30. I believe the school did run a drivers report before he entered.

vinsanity · Mar 1, 2010

Smaller local companies are tougher about that because of the cost of insurance. Some of the bigger OTR companies will take him now. Others, like Werner, won't take him for 6 months.

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