Ned Michie
​Attorney at law

Charged with

Trucking Violations

Free Consultation and Reasonable Rates

Office in Charlottesville, Virginia
​
​​(434) 296-1198

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Personal Attention to Every Case

​Representing Central Virginia Clients 
​for Over 30 Years

Experience Matters

I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

Trucking / Trucker Violations

The outcome of all traffic cases
can be greatly affected by:

Whether You Decide to Hire an Attorney
&
20 COMMON ISSUES and DECISIONS ​
(follow the link to learn more)

Truckers Violating General Traffic Laws and Regulations

​    Truckers are, of course, subject to the same traffic laws as everyone else (see pages for specific topics)
but the effects on a trucker's livelihood can be much more serious

       Convictions can lead to CDL suspensions, pursuant to federal or state law (see below), and some employers simply aren't going to tolerate convictions and will suspend or fire a driver.  Moreover, federal regulations specify that employers are required to have their drivers provide a certified list of their driving violations, if any, every 12 months.  See 49 C.F.R. § 391.25 and 49 CFR § 391.27.    
 
      Some judges and prosecutors are sympathetic to the potential effects of a traffic conviction on a truck driver in a given case. Unfortunately, other judges and prosecutors are not willing to cut breaks to truckers on traffic violations because they believe that driving errors are more dangerous when made in a large truck than when made in a car. Also, some judges just see it as their job to make sure a driver's record accurately reflects what happened, regardless of the ramifications.

      Consequently, it is all the more important to have an experienced lawyer help you get the best result available. I have represented a very large number of truck drivers on all sorts of violations around central Virginia and would be happy to talk to you about your case in my geographic service area.

Violations of Trucking-Specific Laws and Regulations

      Unlike drivers of passenger vehicles, truckers also have to worry about a large number of state and federal laws and regulations that are specific to trucking -- including keeping the proper logs, staying within weight limits, staying off certain roads in any commercial tractor trailer, and staying off certain roads if the truck is over a certain length. 

Va. Code § 52-8.4:2 spells out violations that are considered traffic infractions under Virginia law.  Specifically, it states as follows:
​
"Notwithstanding subsection C of § 52-8.4, any violation of any of the following provisions of the regulations adopted pursuant to § 52-8.4 shall constitute traffic infractions as defined in § 46.2-100 and shall be eligible for designation as traffic infractions for which a pretrial waiver of appearance, plea of guilty, and fine payment may be accepted pursuant to § 16.1-69.40:1.

DESCRIPTION OF OFFENSECORRESPONDING SECTION OF THE
CODE OF FEDERAL REGULATIONS

(a) General Violations
Marking of motor vehicle 49 C.F.R. § 390.21
Railroad crossing/stopping49 C.F.R. § 392.10

(b) Driver Violations
No medical examiner's certificate 49 C.F.R. § 391.41
Improper medical examiner's certificate 49 C.F.R. § 391.43
Medical certificate invalid 49 C.F.R. § 391.43
No medical waiver 49 C.F.R. § 391.49
Ill/fatigued driver 49 C.F.R. § 392.3
Possess alcoholic beverage 49 C.F.R. § 392.5
Hearing aid to be worn 49 C.F.R. § 391.41
Violate 10-hour rule, 15-hour rule 49 C.F.R. § 395.3
Violate 60/70-hour rule 49 C.F.R. § 395.3
Logbook violation (general) 49 C.F.R. § 395.8
No logbook 49 C.F.R. § 395.8
Logbook not current 49 C.F.R. § 395.8
Fail to retain previous 7 days on logbook 49 C.F.R. § 395.8

(c) Equipment Violations
Equipment-inspection/use 49 C.F.R. § 392.7
Emergency equipment-inspection/use 49 C.F.R. § 392.8
Safe loading (secured) 49 C.F.R. § 392.9
Brakes-inoperative or missing 49 C.F.R. § 393.40-§ 393.52
Fuel tank securement 49 C.F.R. § 393.65
Fuel leak/cap 49 C.F.R. § 393.67
Coupling/towing devices 49 C.F.R. § 393.70; § 393.71
Tire exceeds weight limit 49 C.F.R. § 393.75
Bus violations 49 C.F.R. § 393.89-§ 393.92
Front end structure 49 C.F.R. § 393.106
Frame-cracked, loose, sagging, broken 49 C.F.R. § 393.201
Cab/body components-defective 49 C.F.R. § 393.203
Wheels/rims defective 49 C.F.R. § 393.205
Suspension-defective 49 C.F.R. § 393.207
Steering system-defective 49 C.F.R. § 393.209
Vehicle maintenance (general) 49 C.F.R. § 396.3
No driver vehicle inspection report 49 C.F.R. § 396.11
No periodic inspection 49 C.F.R. § 396.17-§ 396.25

(d) Hazardous Materials; Driving and Parking
Fail to attend Division 1.1, 1.2, or 1.3 material 49 C.F.R. § 397.5
Fail to attend other hazardous materials class 49 C.F.R. § 397.5
Improper parking Division 1.1, 1.2, or 1.3 material 49 C.F.R. § 397.7; § 397.11
Improper parking other hazardous materials 49 C.F.R. § 397.7; § 397.11
Fail to have route plan 49 C.F.R. § 397.67
Smoking violations 49 C.F.R. § 397.13
Instructions and document violations 49 C.F.R. § 397.191997, c. 283.

CDL Disqualifications

49 CFR §391.15 is the primary federal regulation dealing with driver disqualifications. It states as follows:
(click link to ensure latest version)

"(a) General. A driver who is disqualified shall not drive a commercial motor vehicle. A motor carrier shall not require or permit a driver who is disqualified to drive a commercial motor vehicle.

(b) Disqualification for loss of driving privileges. (1) A driver is disqualified for the duration of the driver's loss of his/her privilege to operate a commercial motor vehicle on public highways, either temporarily or permanently, by reason of the revocation, suspension, withdrawal, or denial of an operator's license, permit, or privilege, until that operator's license, permit, or privilege is restored by the authority that revoked, suspended, withdrew, or denied it.
(2) A driver who receives a notice that his/her license, permit, or privilege to operate a commercial motor vehicle has been revoked, suspended, or withdrawn shall notify the motor carrier that employs him/her of the contents of the notice before the end of the business day following the day the driver received it.

(c) Disqualification for criminal and other offenses--
(1) General rule. A driver who is convicted of (or forfeits bond or collateral upon a charge of) a disqualifying offense specified in paragraph (c)(2) of this section is disqualified for the period of time specified in paragraph (c)(3) of this section, if--
(i) The offense was committed during on-duty time as defined in §395.2 of this subchapter or as otherwise specified; and
(ii) The driver is employed by a motor carrier or is engaged in activities that are in furtherance of a commercial enterprise in interstate, intrastate, or foreign commerce.

(2) Disqualifying offenses. The following offenses are disqualifying offenses:
(i) Driving a commercial motor vehicle while under the influence of alcohol. This shall include:
(A) Driving a commercial motor vehicle while the person's alcohol concentration is 0.04 percent or more;
(B) Driving under the influence of alcohol, as prescribed by State law; or
(C) Refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of §391.15(c)(2)(i) (A) or (B), or §392.5(a)(2).
(ii) Driving a commercial motor vehicle under the influence of a 21 CFR 1308.11 Schedule I identified controlled substance, an amphetamine, a narcotic drug, a formulation of an amphetamine, or a derivative of a narcotic drug;
(iii) Transportation, possession, or unlawful use of a 21 CFR 1308.11 Schedule I identified controlled substance, amphetamines, narcotic drugs, formulations of an amphetamine, or derivatives of narcotic drugs while the driver is on duty, as the term on-duty time is defined in §395.2 of this subchapter;
(iv) Leaving the scene of an accident while operating a commercial motor vehicle; or
(v) A felony involving the use of a commercial motor vehicle.

(3) Duration of disqualification—(i) First offenders. A driver is disqualified for 1 year after the date of conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, the driver was not convicted of, or did not forfeit bond or collateral upon a charge of an offense that would disqualify the driver under the rules of this section. Exemption. The period of disqualification is 6 months if the conviction or forfeiture of bond or collateral soley concerned the transportation or possession of substances named in paragraph (c)(2)(iii) of this section.
(ii) Subsequent offenders. A driver is disqualified for 3 years after the date of his/her conviction or forfeiture of bond or collateral if, during the 3 years preceding that date, he/she was convicted of, or forfeited bond or collateral upon a charge of, an offense that would disqualify him/her under the rules in this section.

(d) Disqualification for violation of out-of-service orders--
(1) General rule. A driver who is convicted of violating an out-of-service order is disqualified for the period of time specified in paragraph (d)(2) of this section.

(2) Duration of disqualification for violation of out-of-service orders--(i) First violation. A driver is disqualified for not less than 90 days nor more than one year if the driver is convicted of a first violation of an out-of-service order.
(ii) Second violation. A driver is disqualified for not less than one year nor more than five years if, during any 10-year period, the driver is convicted of two violations of out-of-service orders in separate incidents.
(iii) Third or subsequent violation. A driver is disqualified for not less than three years nor more than five years if, during any 10-year period, the driver is convicted of three or more violations of out-of-service orders in separate incidents.
(iv) Special rule for hazardous materials and passenger offenses. A driver is disqualified for a period of not less than 180 days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq.), or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if, during any 10-year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver.

(e) Disqualification for violation of prohibition of texting while driving a commercial motor vehicle--
(1) General rule. A driver who is convicted of violating the prohibition of texting in §392.80(a) of this chapter is disqualified for the period of time specified in paragraph (e)(2) of this section.
​
(2) Duration. Disqualification for violation of prohibition of texting while driving a commercial motor vehicle--
(i) Second violation. A driver is disqualified for 60 days if the driver is convicted of two violations of §392.80(a) of this chapter in separate incidents during any 3-year period.
(ii) Third or subsequent violation. A driver is disqualified for 120 days if the driver is convicted of three or more violations of §392.80(a) of this chapter in separate incidents during any 3-year period.

(f) Disqualification for violation of a restriction on using a hand-held mobile telephone while driving a commercial motor vehicle--
(1) General rule. A driver who is convicted of violating the restriction on using a hand-held mobile telephone in §392.82(a) of this chapter is disqualified from driving a commercial motor vehicle for the period of time specified in paragraph (f)(2) of this section.

(2) Duration. Disqualification for violation of a restriction on using a hand-held mobile telephone while driving a commercial motor vehicle--
(i) Second violation. A driver is disqualified for 60 days if the driver is convicted of two violations of §392.82(a) of this chapter in separate incidents committed during any 3-year period.
(ii) Third or subsequent violation. A driver is disqualified for 120 days if the driver is convicted of three or more violations of §392.82(a) of this chapter in separate incidents committed during any 3-year period."

[37 FR 24902, Nov. 23, 1972, as amended at 49 FR 44215, Nov. 5, 1984; 51 FR 8200, Mar. 10, 1986; 53 FR 18057, May 19, 1988; 53 FR 39051, Oct. 4, 1988; 54 FR 40788, Oct. 3, 1989; 59 FR 26028, May 18, 1994; 60 FR 38744, 38745, July 28, 1995; 62 FR 37152, July 11, 1997; 63 FR 33277, June 18, 1998; 75 FR 59136, Sept. 27, 2010; 76 FR 75487, Dec. 2, 2011; 77 FR 1891, Jan. 12, 2012; 78 FR 58483, Sept. 24, 2013; 80 FR 59074, Oct. 1, 2015]