Commercial Drivers License holders or CDL Licensed Drivers are affected by the accumulation of Motor Vehicle Points no matter in what state the violations occur.  Certain violations have a direct affect on your ability to maintain a CDL License even if incurred while you were operating a non-commercial motor vehicle at the time of the offense.  If you are found guilty or plead guilty to Driving While Intoxicated or Refusal to Submit to a Breathalyzer you will lose your Commercial Driver License for 1 Year despite the penalty of Loss of License is only three or seven months when you are sentenced.  

 

Steven P. Lombardi is a highly experienced New Jersey Ticket Attorney.  He is a Ticket Lawyer practicing in all New Jersey Municipal Courts. 

 

If you are convicted or Reckless Driving a sixty (60) day suspension will be imposed regardless of whether you lose your non CDL License.  Speeding in excess of 15 MPH over the limit will likewise result in a 60 day suspension. Following too Closely or Tailgating, or Making an Improper or Erratic Turn will also result in a sixty (60) day license suspension.  A new suspension offense recently added is for Texting While Driving this will also result in a sixty (60) day suspension of a CDL.  Follow this link for a complete list of Offenses That Will Affect your Commercial Drivers License.

 

CALL TODAY FOR A FREE INITIAL CONSULTATION

NEW JERSEY CDL DRIVER LAWYER

 

STEVEN P. LOMBARDI, ESQ. 

 

PHONE  973-921-2860

 

973-921-2860

 

What is CSA’s Point Breakdown for Violations?

 

Regulated by the Federal Motor Carrier Safety Administration or FMCSA, commercial vehicles and the CSA program is used to ensure that carrier companies and their drivers comply with safety standards.  According to Safety Measurement System of FMCSA, violations are considered as a severity weight that FMCSA assesses when a violation occurs.

 

Typically, FMCSA includes seven BASICs categories in CSA program;

 

Unsafe Driving

Crash Indicator

Hours-of-Service (HOS) Compliance

Vehicle Maintenance

Controlled Substances/Alcohol

Hazardous Materials (HM) Compliance

Driver Fitness

Also, there is a critical sub-category of violations in each BASIC category. Their values creates flags automatically against a carrier in text message.

 

Here is a brief breakdown of CSA point violations.

 

Common Violations in the Categories

 

10 Point Violations

 

Reckless driving – 392.2

Speeding 15 or more mph – 392.2

Speeding in construction zones – 392.2

Driving after being declared out of service – 395.13

Driver uses or is in possession of drugs – 392.4

Violating an out-of-service order for improper alcohol use – 392.5

Using a mobile phone while operating a CMV – 392.82

Motor Carrier (MC) either requiring or allowing a driver to use a mobile phone while driving a CMV – 392.82

Texting while operating a CMV – 390.17

Operating a bus while fatigued – 392.3

Pushing and/or towing a loaded bus – 392.63

Operating a CMV while ill or fatigued – 392.3

Operating on out-of-service vehicle – 396.9

 

8 Point Violations

 

Unqualified driver – 391.11

Operating a CMV with more than one driver’s license – 383.21

Operating a CMV without a CDL – 383.23

Operating a CMV with only a learners permit – 383.23

Operating a CMV with a disqualified CDL – 383.51

Driving a CMV while CDL is suspended for a safety-related or unknown reason and in the state of driver’s license issuance – 383.51

Operating a CMV with an improper CDL classification – 383.91

Operating a school bus without a school bus endorsement – 383.93

Bus tire regrooved or is a recap on the front wheel – 393.75

Operating a CMV with more than one driver’s license – 383.21

Operating a CMV without a CDL – 383.23

Operating a CMV with only a learners permit – 383.23

Operating a CMV with a disqualified CDL – 383.51

Driving a CMV while CDL is suspended for a safety-related or unknown reason and in the state of driver’s license issuance – 383.51

Operating a CMV with an improper CDL classification – 383.91

Violating the airbrake restriction – 383.95

Flat tire or fabric exposed – 393.75

Ply or belt material exposed on a tire – 393.75

Tread or sidewall separation – 393.75

Flat tire with or without an audible air leak – 393.75

Cut exposing ply and/or belt material on a tire – 393.75

Tire front tread depth less than 4/32 of an inch – 393.75

Other tire tread depth less than 2/32 of an inch – 393.75

 

7 Point Violations

 

Speeding 11 to 14 mph – 392.2

Adverse driving condition violations (Alaska) – 395.1

15, 20, 70/80 HOS violations (Alaska-Passenger) – 395.1

10 hour rule violation – 395.5

15 hour rule violation – 395.5

60/70 hour rule violation – 395.5

Violating state and/or local hours of service (HOS) laws – 392.2

15, 20, 70/80 HOS violations (Alaska-Property) – 395.1

16 hour rule violation – 395.1

Requiring or permitting a driver to drive over 11 hours – 395.3

11 hour rule violation – 395.3

Requiring or permitting a driver to drive past 14 hours on-duty – 395.3

14 hour rule violation – 395.3

60/70 hour rule violation – 395.3

34 hour restart violation – 395.3

Violating HOS (migrant worker) – 398.6

Falsified logs – 395.8

15, 20, 70/80 HOS violations (Alaska-Passenger) – 395.1

10 hour rule violation – 395.5

15 hour rule violation – 395.5

60/70 hour rule violation – 395.5

Failure to use a seatbelt – 392.16

Leaking/spilling/blowing/falling cargo – 393.100

No equivalent means of securement – 393.102

Short, over 1/3 length past structure – 393.116

Short, insufficient, or missing tie downs – 393.116

Short, tie downs improperly positioned – 393.116

Short, no center stakes/high log not secured – 393.116

Short, length; improper securement – 393.116

Improper placement of bundles – 393.118

Coil/vertical improper securement – 393.120

Coils, rows, eyes vertical improper securement – 393.120

Coil/eye crosswise improper securement – 393.120

X-pattern on coils with eyes crosswise – 393.120

Coil with eye lengthwise improper securement – 393.120

Coils, rows, eyes length improper securement – 393.120

Rolls vertical – improper securement – 393.122

Rolls vertical/split – improper securement – 393.122

Rolls vertical/stacked – improper securement – 393.122

Rolls crosswise – improper securement – 393.122

Rolls crosswise/stacked load – improper securement- 393.122

Rolls length – improper securement – 393.122

Rolls lengthwise/stacked – improper securement – 393.122

Improper securement – rolls on flatbed/curtain sided vehicle – 393.122

Improper blocking of concrete pipe – 393.124

Improper arrangement of concrete pipe – 393.124

Improper securement, up to 45 inches diameter – 393.124

Improper securement, over 45 inches diameter – 393.124

Front and rear end of container not secured independently – 393.126

Empty container, more than five foot overhang – 393.126

Empty container not properly secured – 393.126

All corners of chassis not secured – 393.126

Empty container not positioned properly – 393.126

Front and rear of vehicle not secured – 393.128

Tie downs not affixed to mounting points – 393.128

Tie downs not over or around wheels – 393.128

tem not properly prepared for transport – 393.130

Improper restraint/securement of item – 393.130

Insufficient means to retain loose parts – 393.132

Container not secured to front of vehicle – 393.134

Rear of container not properly secured – 393.134

Improper placement/positioning of boulder – 393.136

Boulder not secured with chain – 393.136

Improper securement – cubic boulder – 393.136

Improper securement – non-cubic boulder with stable base – 393.136

Improper securement – non-cubic boulder with unstable base – 393.136

Axle positioning parts defective or missing – 393.207

Adjustable axle locking pin missing or disengaged – 393.207

Leaf spring assembly defective or missing – 393.207

Coil spring cracked and/or broken – 393.207

Torsion bar cracked and/or broken – 393.207

Air suspension pressure loss – 393.207

 

 

6 Point Violations

 

Inoperative head lamps – 393.9

Inoperative tail lamp – 393.9

Inoperative turn signal – 393.9

Either none, or defective lamps, on a towing unit in a tow-away operation – 393.17

Either none, or defective, tow-away lamps on rear unit – 393.17

Inoperative and/or defective hazard warning lamp – 393.19

Required lamp not powered by vehicle electricity – 393.23

Non-compliance with headlamp requirements – 393.24

Non-compliant fog and/or driving lamps – 393.24

Lamps are not visible as required – 393.25

Lamp not steady burning – 393.25

Stop lamp violations – 393.25

Operating a CMV with lamps or reflectors obscured – 392.33

Steering wheel not secured or is broken – 393.209

Excessive steering wheel lash – 393.209

Loose steering column – 393.209

Steering system components worn/welded/missing – 393.209

Power steering violations – 393.209

 

5 Point Violations

 

Failure to obey a traffic control device – 392.2

Following too close – 392.2

Improper lane change – 392.2

Improper passing – 392.2

Railroad grade crossing violation -392.2

Improper turns – 392.2

Failure to yield the right-of-way – 392.2

Bus failing to stop at a railroad crossing – 392.10

Chlorine load failing to stop at a railroad crossing – 392.10

Placard load failing to stop at a railroad crossing – 392.10

Failing to use caution in hazardous conditions – 392.14

Using or equipping a radar detector in a CMV – 392.71

Driver is in possession of, currently using, or under the influence of alcohol in the 4 hour immediately preceding coming on-duty – 392.5

Electronic on-board computer (EOBR) device information requirements not met – 395.15

EOBR device failure, and driver failure, to reconstruct duty status – 395.15

No record of duty status – 395.8

Log not current to most recent duty status – 395.8

Missing previous 7 days logs – 395.8

Driving a CMV while CDL is suspended for a non-safety-related reason and in the state of driver’s license issuance – 383.51

Driving a CMV while CDL is suspended for a safety-related or unknown reason and outside the state of driver’s license issuance – 383.51

Coil with eye lengthwise improper securement – 393.120

Coils, rows, eyes length improper securement – 393.120

Rolls vertical – improper securement – 393.122

Rolls vertical/split – improper securement – 393.122

Rolls vertical/stacked – improper securement – 393.122

Rolls crosswise – improper securement – 393.122

Rolls crosswise/stacked load – improper securement- 393.122

Rolls length – improper securement – 393.122

Rolls lengthwise/stacked – improper securement – 393.122

Improper securement – rolls on flatbed/curtain sided vehicle – 393.122

 

4 Point Violations

 

Speeding between 6 and 10 miles per hour (mph) – 392.2

Operating as an interstate driver under the age of 21 – 391.11

Non-English speaking driver – 391.11

Failure to understand English language so as to decipher road signs and signals – 391.11

Drivers must have knowledge of, and comply with, regulations – 396.11

Missing or inadequate driver vehicle inspection report – 396.11

Missing reviewing driver’s signature on the driver vehicle inspection report – 396.13

None, or defective, bus front brake line protection – 393.44

No pre-trip inspection – 392.7

Inadequate brake system on a CMV – 393.4

None, or defective, parking brake system on a CMV – 393.41

No brakes as required – 393.42

Brakes missing on a trailer steering axle – 393.42

No, or improper, breakaway or emergency braking – 393.43

No, or improper, tractor protection valve – 393.43

No, or defective, automatic trailer brake – 393.43

Failing to secure brake hose/tubing against mechanical damage – 393.45

Brake hose or tubing chafing or kinking at the connection to the power unit – 393.45

Brake connections with constrictions at the connection to the power unit – 393.45

Brake connections with leaks at the connection to the power unit – 393.45

Brake connections with leaks under the vehicle – 393.45

Either inadequate, or contaminated, brake linings – 393.47

Inadequate brakes for safe stopping – 393.47

Mismatched brake chambers on the same axle – 393.47

Mismatched slack adjuster effective length – 393.47

Insufficient brake linings – 393.47

Either the clamp or roto-chamber type brake out of adjustment – 393.47

Wedge type brakes out of adjustment – 393.47

Insufficient drum or rotor thickness – 393.47

Either inoperative or defective brakes – 393.48

Defective brake limiting device – 393.48

Either none, or defective, air reservoir drain valve – 393.50

Either none, or defective, brake warning device – 393.51

Insufficient braking force as percent of Gross Vehicle Weight (GVW) or Gross Combined Weight (GCW) – 393.52

Violation on an automatic brake adjuster, for a hydraulic brake, on a CMV manufactured on or after 10/20/1993 – 393.53

Violation on an automatic brake adjuster, for an air brake, on a CMV manufactured on or after 10/20/1994 – 393.53

Violation of an external automatic adjustment indicator on a CMV manufactured on or after 10/20/1994 – 393.55

ABS – malfunctioning lamps towed CMV manufactured on or after 3/1/1998, manufactured before 3/1/2009 – 393.55

 

3 Point Violations

 

Violation of bus heater fuel tank location – 393.77

Failing to dim headlights when required – 392.2

Lane restriction violations – 392.2

Failing to equip vehicle with two rear vision mirrors – 393.8

Either no, or defective, lighting devices, reflective devices or projected lights – 393.11

Lower retro-reflective sheeting and/or reflex reflectors on trailers manufactured on or after 12/1/1993 – 393.11

No retro-reflective sheeting and/or reflex reflectors on trailers manufactured on or after 12/1/1993 – 393.11

Retro-reflective sheeting not affixed as required on trailers manufactured on or after 12/1/1993 – 393.11

No side retro-reflective sheeting and/or reflex reflectors on trailers manufactured on or after 12/1/1993 – 393.11

No retro reflective sheeting or reflex reflectors on mud flaps – Truck Tractor manufactured on or after 7/1/1997 – 393.11

No retro-reflective sheeting/reflex reflectors – Truck Tractor manufactured on or after 7/1/1997 – 393.11

No upper body corners retro-reflective sheeting/reflex reflectors – Truck Tractor manufactured on or after 7/1/1997 – 393.11

No upper reflex reflectors retro-reflective sheeting/reflex reflectors – Trailer manufactured on or after 12/1/1993 – 393.11

Retro-reflective tape not affixed as required for Trailers manufactured after 12/1/1993 – 393.13

No retro-reflective sheeting or reflex reflective material as required for vehicles manufactured on or after 12/1/1993 – 393.13

No side retro-reflective sheeting or reflex reflective material as required for vehicles manufactured before 12/1/1993 – 393.13

No lower rear retro-reflective sheeting or reflex reflective material as required for vehicles manufactured before 12/1/1993 – 393.13

No upper rear retro-reflective sheeting or reflex reflective material as required for vehicles manufactured before 12/1/1993 – 393.13

Improper side placement of retro-reflective sheeting or reflex reflective material as required for vehicles manufactured on or after 12/1/1993 – 393.13

Improper lower rear placement of retro-reflective sheeting or reflex reflective material requirements for vehicles manufactured before 12/1/1993 – 393.13

Upper rear retro-reflective sheeting or reflex reflective material as required for vehicles manufactured on or after 12/1/1993 – 393.13

None, or defective, lamp/reflector-tow-away operation – 393.17

None, or defective, lamps-towing unit-tow-away operation – 393.17

None, or defective, tow-away lamps on rear unit – 393.17

Violation of requirements for reflectors – 393.26

Improper, or no, wiring protection as required – 393.28

Improper battery operation – 393.3

Compressed natural gas (CNG) fuel container does not conform to regulations – 393.68

Defective or improper fifth wheel assemblies – 393.70

Defective or improper fifth wheel assembly upper half – 393.70

Defective fifth wheel locking mechanism – 393.70

Defective coupling devices for full trailer – 393.70

Either none, or improper, safety chains or cables for full trailer – 393.70

Improper safety chain attachment – 393.70

Improper coupling on a drive-away/tow-away operation – 393.71

Prohibited towing connection or device – 393.71

Tow bar requirement violations – 393.71

Either none, or improper, safety chains or cables for tow bar – 393.71

Regrooved tire on the front wheel of a truck/tractor-trailer – 393.75

Violation of the load weight rating, or underinflated, tires – 393.75

Sleeper berth requirement violations – 393.76

Defective and/or prohibited heaters – 393.77

Violation of protection of operating controls from tampering – 393.77

Horn inoperative – 393.81

Inoperative or inadequate speedometer – 393.82

Improper securement system (tie down assemblies) – 393.102

Insufficient means to prevent forward shifting – 393.102

Insufficient means to prevent lateral movement – 393.102

Tie down assembly with inadequate work load limit – 393.102

Insufficient means to prevent vertical movement – 393.102

Knotted tie down – 393.104

Use of a tie down with improper repair – 393.104

Loose or unfastened tie down – 393.104

No edge protection for tie downs – 393.104

Cargo not immobilized or secured – 393.106

No means to prevent cargo from rolling – 393.106

Cargo without direct contact/prevention from shifting – 393.106

Insufficient aggregate working load limit – 393.106

Insufficient tie downs; without header board/blocking – 393.110

Large or odd-shaped cargo not adequately secured – 393.110

Insufficient protection against lateral movement – 393.118

Insufficient or improper arrangement of tie downs – 393.118

Inoperative and/or defective hazard warning lamp – 393.19

No protection against shifting/tipping – 393.120

Insufficient working load limit for concrete pipes – 393.124

Insufficient tie downs per stack cars – 393.132

No blocking against forward movement – 393.134

 

2 Point Violations

 

Lacking physical qualifications – 391.11

Driver not physically qualified – 398.3

Bus driveshaft not properly protected – 393.89

Missing or obscured standee line – 393.9

Improper aisle seats – 393.91

Seatbelts not installed – 393.93

Failure to inspect or use emergency equipment – 392.8

Failing to, or improper placement of, warning devices – 392.22

Inoperative required lamps – 393.9

Required lamp not powered by vehicle electricity – 393.23

Frame cracked, loose, sagging, broken – 393.201

Cab/body parts requirement violations – 393.203

Cab door missing or broken – 393.203

Cab or body improperly secured to the frame – 393.203

Hood not securely fastened – 393.203

Cab seats not securely mounted – 393.203

Cab front bumper missing, unsecured or protruding – 393.203

Wheel or rim cracked or broken – 393.205

Stud or bolt holes elongated on wheels – 393.205

Wheel fasteners loose or missing – 393.205

Inadequate floor condition – 393.84

Either none or improper rear end protection – 393.86

Violation of rear impact guards on motor vehicles manufactured on or after 12/31/1952 – 393.86

Improperly located television receiver – 393.88

Seatbelts not installed – 393.93

Either missing, or discharged, or unsecured fire extinguisher – 393.95

Missing spare fuses – 393.95

Either missing or insufficient warning devices – 393.95

Violation of inspection and repair and maintenance of parts and accessories – 396.3

No visible or measurable lubricant showing in the hub of the outer wheel – 396.5

Oil and/or grease leaking from hub on outer wheel – 396.5

Leaking wheel seal on outer wheel – 396.5

Unlawfully parking or leaving a vehicle on a roadway – 392.2

Failure to secure load – 392.9

Failure to secure vehicle equipment – 392.9

Driver’s view and/or movement is obstructed – 392.9

Failure to use hazard warning flashers – 392.22

Unauthorized passengers on-board a CMV – 392.60

Failure to prevent cargo shifting – 393.1

Failing to meet minimum tie down requirements – 393.11

Either none or improper securement of metal coils – 393.12

Either none or improper heavy vehicle/machinery securement – 393.13

Obstructed windshield – 393.60

Damaged or discolored windshield – 393.60

Glazing which allows less than 70 percent of light – 393.60

Inadequate or missing truck side windows – 393.61

Emergency exit window handle broken – 393.61

Improper location of fuel system – 393.65

Improper securement of fuel tank – 393.65

Improper fuel line protection – 393.65

Fuel tank fill pipe cap missing – 393.67

Inoperative or defective windshield wipers – 393.78

Inoperative or defective defroster/defogger – 393.79

Violation of exhaust system location – 393.83

Violation of exhaust discharge fuel tank/filler tube – 393.83

Improper exhaust discharge (not located at rear of cab) – 393.83

Improper exhaust system repair (patch/wrap) – 393.83

Exhaust leak under truck cab and/or sleeper – 393.83

Exhaust system not securely fastened – 393.83

Missing required warning flag on a projecting load – 393.87

Improper warning flag placement – 393.87

Inadequate or damaged securement device or system – 393.104

Damaged securement system or tie downs – 393.104

Damaged vehicle structures or anchor points – 393.104

Damaged dunnage, or load bars, or blocking/bracing – 393.104

Either none or improper front end structure/header board – 393.106

Tie down not adjustable by driver – 393.112

Either none or improper front end structure – 393.114

Insufficient height on front-end structure – 393.114

Insufficient width on front-end structure – 393.114

Front-end structure with large openings – 393.114

Either missing or improper securement of logs (lumber) – 393.116

Either none or improper lumber/building materials securement – 393.118

Either none or improper securement of paper rolls – 393.122

Either none or improper securement of concrete pipe – 393.124

Lower corners of container not on vehicle/structure – 393.126

Fail to ensure intermodal container secured – 393.126

Damaged or missing tie downs or securement devices – 393.126

Either none or improper securing of vehicle – 393.128

Either none or improper securement of crushed vehicles – 393.132

Prohibited use of synthetic webbing – 393.132

Either none or improper securement of roll/hook containers – 393.134

Either none or improper securement of large boulders – 393.136

Driving of a vehicle (migrant workers) – 398.4

 

1 Point Violations

 

EOBR device improper form and manner – 395.15

EOBR device information not available – 395.15

General form and manner log violation – 395.8

Driving a CMV while CDL is suspended for a non-safety-related reason and outside the state of driver’s license issuance – 383.51

Driver not in possession of a valid medical card – 391.41

Driver not in possession of a medical waiver (when required) – 391.49

Unsafe bus operations – 392.62

Standees forward of the standee line on a bus – 392.62

Baggage and/or freight restricts the driver’s operation – 392.62

Exits are obstructed by either baggage or freight – 392.62

Passengers are not protected from falling baggage – 392.62

Either none, or defective, bus emergency exits on buses manufactured on or after 09/01/1994 – 393.62

Either none, or defective, bus emergency exits on buses manufactured on or after 09/01/1994 – 393.62

Either none, or defective, bus emergency exit windows on buses manufactured on or after 09/01/1973 – 393.62

Either none, or defective, safety glass or push out window on buses manufactured on or after 09/01/1973 – 393.62

Either none, or defective, bus emergency exit markings on buses manufactured on or after 09/01/1973 – 393.62

Improper exhaust on a gasoline operated bus – 393.83

Improper exhaust on a diesel operated bus – 393.83