Any of the 350 misdemeanor hazardous materials (hazmat) violations are career enders. Just one misdemeanor can cost a driver tens of thousands of dollars or can send drivers and small indie owners to a county jail. As an owner-operator, you could be liable for civil penalties by the FMCSA if convicted of a misdemeanor hazmat violation. To make matters worse, many sections of the CA traffic code put these burdens directly on the owner and driver, meaning you could be liable for those civil penalties and fines and jail time. At Bigger & Harman, we come across many cases involving misdemeanor hazmat violations. Here are three of the more common cases we see. SPEEDING Out of all the misdemeanors, speeding is the No. 1 violation drivers face. Across the country, speeding tickets are the most frequently issued traffic citation. To the DOT compliance and FMCSA rules, 15 MPH or over is a serious offense. On a first offense, a driver will earn 10 points, a 60-day disqualification on a second offense, and a 120- day on a third. However, very few states besides California have a misdemeanor speeding fine that applies only to CMVs. A 100 MPH TICKET THE 3 MOST COMMON MISDEMEANOR HAZMAT VIOLATIONS
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MISSING OR OUTDATED ROUTE MAP According to vehicle code 31611, Transportation of Explosives, each truck must carry authorized maps outlining “... safe stopping places prescribed by the regulations of the Department of the California Highway Patrol for vehicles transporting explosives.” It is up to the owner of the vehicle to acquire and issue these authorized maps. In the state of California, this conviction can result in a $4,175 fine and three NOTS points.
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MISSING SHIPPING INSTRUCTIONS WITH EXPLOSIVES A driver is required to accept “a bill of lading or other shipping paper supplied by the shipper,” as stated by Transportation of Explosives. Those instructions must state the type of explosive and come with a statement from the shipper saying the contents were labeled, packaged, and marked according to DOT standards. The shipper must also provide the driver with the correct placards for the vehicle. If you have been issued a misdemeanor hazmat violation, call Bigger & Harman for legal counseling before you make any statement to the CHP. We can help you.
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