Motor vehicle violations committed in a construction or work zone are subject to what

Topic:
FINES; MOTOR VEHICLES; TRUCKS; TRAFFIC REGULATIONS;
Location:
TRAFFIC REGULATIONS;

August 17, 2000		2000-R-0790
FINES AND OTHER SANCTIONS Applicative TO COMMERCIAL VEHICLE DRIVERS Convicted OF SPEEDING
By: James J. Fazzalaro, Principal Research Analyst

You asked several questions regarding the sanctions applicative to commercial vehicle drivers convicted of speeding, specifically:

1. Are speeding fines dissimilar for trucks than cars?

2. Practise fines and other punitive measures increment with successive offenses?

iii. Are other sanctions different than for drivers of noncommercial vehicles?

4. Are there sanctions other than fines that are levied that may be considered a deterrent to speeding or reckless driving?

v. How long are offenses kept on a truck driver ' s tape for purposes of determining subsequent offenses?

6. Is an employer or contractor who hired the driver committing the infraction penalized besides as the driver?

SUMMARY

Truck drivers must pay college fines than other drivers for speeding offenses that occur on limited access highways, but are discipline to the same fines for offenses that occur on other types of roads. Speeding fines do not increment for either truck or car drivers for successive offenses. Besides fines, violators may be subject to license suspensions for repeated violations. While Connecticut law specifically prohibits someone ' s license from existence suspended by the Department of Motor Vehicles (DMV) until the fourth speeding conviction within a ii-year catamenia, sure truck and bus drivers are subject area to stricter requirements for maintaining their qualifications to drive commercial motor vehicles after being convicted of 2 serious traffic violations within a three-year period.

These offenses include driving more than 15 miles per hour above a posted speed limit, reckless driving, following another vehicle likewise closely, and using the restricted left-hand lane on a express access highway. The disqualification period doubles for a third conviction. Drivers subject field to these requirements are those who bulldoze larger trucks (over 26,000 pounds gross vehicle weight), motor buses and school buses, and vehicles transporting placarded hazardous materials.

These drivers must report convictions for violating any traffic control laws that occur anywhere in the Us or Canada to their employers within thirty days and any suspension or revocation of their license or operating privileges or whatever driving disqualification by the terminate of the next business mean solar day post-obit its occurrence. These drivers must also notify the Connecticut DMV commissioner of whatever confidence for a traffic law violation that occurs in another land or Canada. Employers cannot knowingly permit or require such a driver to drive when he is suspended, disqualified, or subject to an "out-of-service" order.

Connecticut law defines prior offenses, except in three instances, equally those that occur within a three-year period. For boozer driving, driving nether suspension, and evading responsibility after an accident, prior offenses are counted for ten years.

Employers or contractors are not generally punished for speeding offenses committed by their employees, only, as noted above, if a driver has been suspended or disqualified from driving for serious traffic violations and the employer knowingly permits or requires him to bulldoze, the employer can exist fined.

SPEEDING FINES

The law makes truck drivers discipline to college fines for speeding on limited access highways just mostly non on other roads. On not-limited access highways, truck drivers who exceed the posted speed limit are subject to the same infraction fine schedule equally noncommercial vehicle drivers for illegal speeds of up to 56 miles per hour (mph) (CGS � 14-218a). By law, several other surcharges, assessments, and other costs must exist added to the fines assessed for about traffic offenses, including speed-related violations, for things such as the Special Transportation Fund, police training, court costs, and criminal injury compensation. Thus, on not-express admission highways, all offenders generally will pay a total amount that ranges from $78 to $166, depending on how much their speed exceeded the posted limit. The police as well subjects speeding violations to an additional surcharge equal to the assessed fine if the criminal offence occurs in a marked construction zone, utility work zone, or school zone. Thus, over again depending on the actual speed higher up the posted limit, amounts due could range from $113 to $256 if the offense occurs in a construction or utility work zone and $148 to $346 if it occurs in a structure or utility work zone and a schoolhouse zone (CGS � 14-212a, -212b).

Illegal speeds of 56 mph or more are punished under a different statute (CGS � 14-219). Under this law, trucks are subject to higher fines than noncommercial vehicles. Specifically, noncommercial vehicles traveling betwixt 56 and seventy mph on a limited access highway are subject to a sliding infraction fine scale while trucks traveling at these same speeds are subject field to a fine of $100 to $150. With the additional surcharges and assessments, drivers of noncommercial vehicles accept to pay total amounts in the range of $93 to $181. Truck drivers operating at these same illegal speeds have to pay total amounts of $198 to $263. (If the offense occurs in a construction or utility work zone, noncommercial drivers must pay $128 to $193 while truck drivers must pay $298 to $403; if the offense also occurs in a school zone these ranges are $163 to $253 and $398 to $543 respectively.)

For illegal speeds of 71 to 75 mph, noncommercial vehicle drivers must pay a total amount of $198 and truck drivers must pay $295 ($298 and $455 respectively if special zone additives utilize). For illegal speeds of 76 to 80 mph, noncommercial vehicle drivers must pay a total amount of $239 while truck drivers must pay $328 ($364 and $508 respectively if special zone additives apply).

For illegal speeds of 81 to 85 mph, noncommercial vehicle drivers must pay a total of $279 while truck drivers pay $360 ($429 and $560 respectively if special zone additives apply).

Table 1 shows these relative amounts in tabular form for easier comparing. Although the law specifies special additives for violations that occur in school zones, they have been omitted from the tabular array since these are unlikely to exist on express admission highways.

Tabular array one. Comparative Fines for Truck and Car Drivers for Speeding on Express Access Highways

SPEEDS ABOVE POSTED 55 MPH LIMIT*	CARS	TRUCKS	CARS (Structure OR UTILITY WORK ZONE)	TRUCKS (CONSTRUCTION OR UTILITY WORK ZONE)
56-lx mph	$93	$198	$128	$298
61-65 mph	$93-$100	$230	$128-$140	$350
66-70 mph	$107-$133	$263	$195-$253	$403
71-75 mph	$198	$295	$298	$455
76-80 mph	$239	$328	$364	$508
81-85 mph	$279	$360	$429	$560

*For limited admission highways posted with a 65 mph speed limit, noncommercial vehicle drivers must pay $93 for speeds up to 70 mph and the amounts shown in Tabular array 1 for speeds over seventy mph. Truck drivers pay the amounts shown in the table.

LICENSE SUSPENSION SANCTIONS

By law, except for 3 serious offenses, a second or subsequent violation of a motor vehicle police is considered to be an offense that is committed no more than 3 years after an arrest that resulted in a previous conviction for a violation of the same statutory provision.

For drunk driving; driving while a license or registration is refused, suspended, or revoked; and evading responsibility after an blow, the "look-dorsum" period for determining prior offenses is x years (CGS � xiv-1(69)).

The law prohibits the DMV commissioner from suspending anyone ' s driver ' s license or nonresident operating privilege until the fourth time he is convicted of violating the speeding statute (CGS � xiv-219, but not � xiv-218a) within a two-year period, unless the courtroom recommends a suspension for upwardly to thirty days. On a fourth speeding conviction, the DMV commissioner must append the license or operating privilege for upwardly to thirty days; for a 5th conviction for upward to 60 days; and for a sixth confidence for upwardly to six months (CGS � 14-111b).

Different requirements apply to anyone driving a commercial motor vehicle that under state and federal police force requires the driver to hold a Commercial Drivers License (CDL). A CDL is required for anyone driving a vehicle (i) with a gross vehicle weight rating of 26,001 pounds or more; (2) designed to send 16 or more than passengers, including the driver, or 10 or more passengers, including the driver, if the passengers are students under historic period 21 and they are being driven to and from school; or (3) transporting hazardous materials that crave warning placards under federal law.

Under both federal regulations and state law, a CDL holder tin can exist disqualified from driving a commercial motor vehicle for a specific minimum catamenia for any of several illegal acts. With respect to your question, the police requires a CDL holder to be disqualified from driving a commercial vehicle for a minimum of 60 days if bedevilled of 2 "serious traffic violations" and 120 days if bedevilled of three such violations. These must have occurred while operating a commercial motor vehicle and must arise from dissever incidents that occur within a 3-year period (CGS � xiv-44k).

A serious traffic violation includes convictions for (one) driving 15 mph or more above a posted speed limit (whether the charge is fabricated under � 14-218a or 14-219); (2) reckless driving (CGS � fourteen-222--which includes driving at more than 85 mph); (three) following another vehicle too closely or "tailgating" (CGS � 14-240); (iv) tailgating with intent to harass or intimidate the commuter of the preceding vehicle (CGS � 14-240a); and (5) several laws governing proper passing and employ of the highway (including improper use of the restricted left-hand lane by a vehicle with a commercial registration, passing on the right except when authorized by law, and passing in a no passing zone).

Any conviction that arises in connection with an blow related to the operation of a commercial motor vehicle and which resulted in someone ' s expiry is also considered a serious traffic violation (CGS � xiv-1(71)).

The law as well requires a CDL holder to (1) notify his employer within thirty days of a confidence for a violation of any traffic control law of Connecticut, any other state, or any Canadian province, except for a parking violation; (2) notify the DMV commissioner of a conviction for violating whatsoever such traffic control police force in another state or Canada; and (three) notify his employer of whatever suspension, revocation, or counterfoil of his operating privileges anywhere in the U.s.a. or Canada, any disqualification from driving a commercial motor vehicle, or any "out-of-service" order issued to him not after than the end of the business solar day following the 24-hour interval the driver received his notice. If a CDL holder fails to comply with any these requirements, he commits an infraction for a first offense (corporeality due $60) and, for whatever subsequent offense can be fined up to $500 (CGS � 14-44j).

An employer cannot knowingly permit or crave a commuter to drive a commercial motor vehicle during any period in which his license or operating privilege has been suspended by any state, during any period he has been disqualified from driving under country or federal law, or while he is subject to an out-of-service order. If an employer violates these requirements he is bailiwick to the in a higher place penalties, but if the offense involved permitting or requiring a driver to drive while he is under an out-of-service order, the employer is also subject to a ceremonious punishment of $ii,500 to $10,000.

Finally, the police requires the DMV commissioner to notify the home state licensing authority of any nonresident CDL holder within x days of receiving a written report of a confidence for whatever violation of state law committed in a commercial motor vehicle, except for parking violations (CGS � 14-44l).

JF:ts

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Source: https://www.cga.ct.gov/2000/rpt/2000-R-0790.htm

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