The Federal Motor Carrier Safety Administration has recently moved to make it more difficult to reduce or dismiss CDL citations.
These so-called anti-masking regulations are intended to crack down on judgements that “mask” serious violations, such as DUIs, thus keeping dangerous drivers on the road.
Courts are interpreting the new FMCSA guidance in different ways, and inexperienced attorneys unfamiliar with CDL infractions may face roadblocks when it comes to keeping tickets from impacting your CSA score –and your livelihood.
The truth is, as long as a judgement has not been issued on your ticket, attorneys are allowed to negotiate or amend charges. The key is for negotiations to happen with the prosecutor BEFORE the case is brought before a judge. ORDP’s network of experienced attorneys understand the nuances of “masking” laws and can help you get your ticket reduced or dismissed, preserving your CSA score and keeping you on the road.
While it is possible to reduce some charges for CDL violations, it is important to note that unlike regular license holders, it is not possible for CDL drivers to be granted a diversion. The easiest way to avoid getting CSA points on your record is to avoid infractions. Specifically, slow down! Most CSA points are assessed for speeding violations.
How Anti-Masking Laws Affect Carriers
Carriers can be heavily impacted by anti-masking laws, especially if there is confusion about what is and is not allowed under the regulations.
ORDP has programs available to protect drivers in your fleet and keep your CSA scores below the 65% threshold that could trigger an FMSCA investigation.
Not only can ORDPs experienced attorney network represent your drivers in court, we offer free DataQ challenges to make sure points have been assigned correctly. Oftentimes, these challenges uncover errors and we are able to reduce your CSA score.
If you are a CDL driver who already has a ticket or a carrier who would like to offer CDL protection to your drivers, contact us today.
We’ll help keep you on the road!