California nears reversal of trucker ban on traffic school

This is not just a California problem.

The FMCSA has made it a rule that dictates it.


http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=384.226

Subpart B - Minimum standards for substantial compliance by states

Code of Federal Regulations§ 384.226Prohibition on masking convictions.The State must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CLP or CDL holder's conviction for any violation, in any type of motor vehicle, of a State or local traffic control law (other than parking, vehicle weight, or vehicle defect violations) from appearing on the CDLIS driver record, whether the driver was convicted for an offense committed in the State

 

Sounds like Cali is going to try to snub their nose at the federal rules??? Of course, Cali gets away with medical marijuana even though it is a violation of federal law, they still sell medical mj on every corner. It is interesting to see Cali take such an interest in this issue. It does make sense to me that if a state offers driver diversion for Class C drivers in their cars that a CDL holder could also be eligible for diversion on a ticket in their personal car. Of course, you could argue that if someone is a habitual speeder in their car they would also be in their cmv....so it goes.

 

The key wording is "conviction" of a traffic offense. Does it say the offense can not be dismissed by the judge before final disposition? Charges dropped by state DA before conviction? That's all the paper work has to say. Charges dropped.


Sent from somewhere out there on the road.

 

Just some guy in Sac trying to make another stupid rule that means nothing. Funny how they can't balance the budget or take a pay cut or something that might help people.

 

I agree with the proposed change.
In California, you can attend traffic school to 'erase' one violation every two years.
The violation cannot be serious. (reckless, DUI, etc)
Why penalize someone for a minor infraction in a personal vehicle?