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Summary of State Speed Laws - NHTSA

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Fine ($ Range): First <strong>of</strong>fense — not more than $5,000; subsequent <strong>of</strong>fense —<br />

not more than $10,000; Offense Involving either<br />

Serious Bodily Injury or Death — not more than $15,000.<br />

Title 23, §1091(b)(3)<br />

Mandatory Minimum Fine: None<br />

Administrative Licensing Action:<br />

Licensing Authorized and<br />

Type <strong>of</strong> Action: Suspension. Title 23, §2506<br />

Length <strong>of</strong> Term <strong>of</strong><br />

Licensing Withdrawal: First <strong>of</strong>fense — 30 days; second <strong>of</strong>fense — 90 days;<br />

subsequent <strong>of</strong>fense — 6 months. Title 23, §2506<br />

Mandatory Action — Minimum<br />

Length <strong>of</strong> License<br />

Withdrawal: First <strong>of</strong>fense — 30 days; second <strong>of</strong>fense — 90 days;<br />

subsequent <strong>of</strong>fense — 6 months. Title 23, §2506 These<br />

suspensions appear to be mandatory.<br />

Other: I. An <strong>of</strong>fender may be required to attend a driver — retraining<br />

course. Title 23, §§721 and 722<br />

II. Surcharge: In addition to any fine sanction, there is a<br />

surcharge <strong>of</strong> $50 that is used to fund drunk-driving law<br />

enforcement. Title 23, §1091(d)<br />

Commercial Motor Vehicle (CMV) Operators 507 :<br />

Grounds for Disqualification: A person is disqualified from operating a CMV if while<br />

driving such a vehicle he/she either (1) commits 2 "serious<br />

traffic violations 508 " within a 3-year period or (2) commits 3<br />

such violations within a 3-year period. Title 23, §4116(d)<br />

Period <strong>of</strong> Disqualification: Two serious violations (within 3 years) — 60 days; three<br />

serious violations (within 3 years) — 120 days. Title 23,<br />

§4116(d)<br />

Period <strong>of</strong> Mandatory Disqualification: Two serious violations (within 3 years) — 60 days; three<br />

serious violations (within 3 years) — 120 days. Title 23,<br />

§4116(d)<br />

492<br />

A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle.<br />

A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross<br />

vehicle weight <strong>of</strong> ≥26,001 lbs., is designed to transport more than 15 persons, or is transporting hazardous materials which<br />

requires that the vehicle be placarded in accordance with U.S. Department <strong>of</strong> Transportation regulations. Title 23, §4103(4)<br />

493<br />

A "serious traffic violation" includes exceeding the speed limit by 15 or more mph or careless or negligent driving. Title<br />

23, §4103(16)(A) and (B)<br />

SPEED 2005<br />

260

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