Texas Point System and Surcharges for CDL Drivers

In 2003, the Texas Legislature passed the Driver Responsibility Program, which authorizes the Texas Department of Public Safety (“DPS”) to assess penalties for any individual, whether they hold a CDL or not, based on types and frequencies of certain traffic violation convictions. Specifically, DPS assesses “Surcharges,” which can be assessed in two ways, including Point System and Conviction based.

The Texas Point System allows DPS to assess points for convictions of moving violations. “Moving” violations are defined as “an act committed in connection with the operation of a motor vehicle on a public street or highway, which constitutes a hazard to traffic and is prohibited by state law or city ordinance.” Not all “moving” violations are assessed points, but they may be considered for driver license suspensions under the habitual violator rule. A chart published in the Texas Administrative Code detailing the list of “moving” violations that are assessed points is set forth below.

After a moving violation conviction is added to a driving record, points are assessed and remain on the driving record for three (3) years from the date of conviction.  After three (3) years, the points are removed. Two (2) points are assessed for each moving traffic violation and three (3) points are assessed for each moving traffic violations that resulted in a crash. Additionally, there are some other specific three (3) point violations, including excessive speeding and violations of child safety regulations. Individuals who have six (6) or more points are assessed a $100.00 Surcharge, with an additional $25.00 Surcharge for each point over six (6).

Surcharges can also be assessed for convictions of specific offenses. Individuals who receive convictions for the following offenses are assessed an annual Surcharge for three (3) years from the date of conviction for the following amounts:In 2003, the Texas Legislature passed the Driver Responsibility Program, which authorizes the Texas Department of Public Safety (“DPS”) to assess penalties for any individual, whether they hold a CDL or not, based on types and frequencies of certain traffic violation convictions. Specifically, DPS assesses “Surcharges,” which can be assessed in two ways, including Point System and Conviction based.

The Texas Point System allows DPS to assess points for convictions of moving violations. “Moving” violations are defined as “an act committed in connection with the operation of a motor vehicle on a public street or highway, which constitutes a hazard to traffic and is prohibited by state law or city ordinance.” Not all “moving” violations are assessed points, but they may be considered for driver license suspensions under the habitual violator rule. A chart published in the Texas Administrative Code detailing the list of “moving” violations that are assessed points is set forth below.

After a moving violation conviction is added to a driving record, points are assessed and remain on the driving record for three (3) years from the date of conviction.  After three (3) years, the points are removed. Two (2) points are assessed for each moving traffic violation and three (3) points are assessed for each moving traffic violations that resulted in a crash. Additionally, there are some other specific three (3) point violations, including excessive speeding and violations of child safety regulations. Individuals who have six (6) or more points are assessed a $100.00 Surcharge, with an additional $25.00 Surcharge for each point over six (6).

Surcharges can also be assessed for convictions of specific offenses. Individuals who receive convictions for the following offenses are assessed an annual Surcharge for three (3) years from the date of conviction for the following amounts:

After a Surcharge is assessed, it must be timely paid. If not paid on time, DPS will immediately suspend your driver license. In most cases, your driver license can quickly be reinstated with payment of the surcharge.

The biggest problem with surcharge suspensions is that if you are stopped for a traffic citation during a surcharge suspension, you may receive a citation for Driving While License Invalid. A conviction of that citation, as shown above, causes the assessment of a $750.00 surcharge, thus aggravating the current surcharge suspension. For CDL drivers, this situation is devastating, causing an automatic suspension of your CDL.

All Texas driver’s licenses, including Commercial Driver’s Licenses, are issued by The Texas Department of Public Safety, which imposes severe penalties for CDL holders who are convicted of traffic violations. Not only are there significant financial penalties, but more importantly, there are temporary and lifetime suspensions of commercial driving privileges for convictions of certain traffic violations and/or a combination of traffic violations.

Texas Administrative Code

TITLE 37: PUBLIC SAFETY AND CORRECTIONS
PART 1: TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 15: DRIVER LICENSE RULES
SUBCHAPTER D: DRIVER IMPROVEMENT
RULE §15.89: Moving Violations

(a) Moving violations are defined as an act committed in connection with the operation of a motor vehicle on a public street or highway, which constitutes a hazard to traffic and is prohibited by state law or city ordinance.

(b) A list of traffic offenses that constitute a moving violation is available in Table 1.

Attached Graphic

(c) Table 1 also indicates the moving violations that will be assessed points under the Driver Responsibility Program, Texas Transportation Code (TRC), Chapter 708, Subchapter B.

(1) Not all moving violations are assessed points under the Driver Responsibility Program, however, they may be considered for Habitual Violator action under TRC, §521.292(a)(3).

(2) Moving violation convictions that are assessed specific surcharges pursuant to Texas Transportation Code, §§708.102 (intoxicated driver offenses), 708.103 (driving while license invalid or without financial responsibility), and 708.104 (driving without valid license including no commercial driver license, driving without the proper commercial license endorsement and driving without the proper motorcycle endorsement), will not be assessed points under the Driver Responsibility Program.

Source Note: The provisions of this §15.89 adopted to be effective June 22, 2004, 29 TexReg 5945; amended to be effective November 28, 2005, 30 TexReg 7889; amended to be effective June 8, 2006, 31 TexReg 4659; amended to be effective July 11, 2010, 35 TexReg 5899

Figure: 37 TAC §15.89(b) 

A .PDF document of the points system is published in the Texas Administrative Code detailing the list of “moving” violations that are assessed points is set forth.

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