Can this be true?
Last week, Cynthia Owens brought to my attention something that passed last session. Check out Sec 542.304 (B)of the Texas Transportation code. This section is titled moving violations for Certain purposes. Section B reads the offense of speeding when the person convicted was at the time of the offense driving less that 10% percent faster than the posted speed limit, unless committed in a school crossing zone. This provision is listed under those violation that do not include. This means these violations are specifically not moving violations and equal to an offense adjudicated under Article 45.051 or 45.0511.
So, it looks like the violation for under 10% is deemed not a moving violation. I’m not sure how this affects FMCSA or the CSA point system. But I believe the legislature threw us a bone to allow us to deal with CDL drivers legally without masking.