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Commercial Driver CDL Disqualifications
Commercial Drivers License Cases
A Commercial Drivers License CDL Disqualification (loss of CDL driving privileges) applies to CDL holders or persons required to have a CDL if a driver is administratively determined to have committed or gets a conviction for certain crimes or traffic violations. A CDL Disqualification may be for 60 days, 120 days, 1 year, 3 years, or a lifetime, depending upon the violation. Drivers who are disqualified from operating a CMV cannot be issued a Probationary “Red” License or any other type of limited CDL license to continue driving a Commercial Motor Vehicle (CMV). If a CDL holder is disqualified from operating a CMV, the State may issue the driver a license to operate a non-CMV if the driver is eligible for a non-CMV license in that state.
Five Categories of Commercial Drivers License CDL Disqualifications
There are 5 categories of CDL Disqualifications under federal law, as follows:
Commercial Drivers License CDL Disqualification – Felony Crimes |
Disqualification For Commission of Felony Crimes Using a CMV or non-CMV in the commission of a felony involving the manufacturing, distributing, or dispensing of a controlled substance will result in a CDL disqualification for life, without the possibility of reinstatement.
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Using a CMV or non-CMV in the commission of a felony involving the manufacturing, distributing, or dispensing of a controlled substance. |
Commercial Drivers License CDL Disqualifications – Major Offenses |
The first violation for a Major Offense, in either a CMV or a non-CMV, results in a 1-year disqualification or a 3-year disqualification if transporting hazardous materials required to be placarded. The second violation for a Major Offense, in either a CMV or a non-CMV, results in a lifetime disqualification. The driver may be eligible for reinstatement of the CDL under certain conditions after 10 years.
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Being under the influence of alcohol as prescribed by State law. |
Being under the influence of a controlled substance. |
Having a B.A.C. of 0.04% or greater while operating a CMV. |
Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations. |
Leaving the scene of an accident. |
Using a vehicle to commit a felony. |
Driving a CMV when, as a result of prior violations committed operating a CMV, the driver’s CDL is revoked, suspended, or cancelled, or the driver is disqualified from operating a CMV. |
Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide. |
Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance. |
Commercial Drivers License CDL Disqualifications – Serious Offenses |
The first violation for a Serious Offense does not result in a disqualification. A second Serious Offense within 3 years will result in a 60-day disqualification, and a third Serious Offense within 3 years will result in a 120-day disqualification. Serious disqualifications must be served consecutively. All serious violations in a CMV are included. Serious violations in a non-CMV must not be included, unless it results in the revocation, cancellation, or suspension of the CDL holder’s license or non-CMV driving privileges.
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Speeding excessively, involving any speed of 15 m.p.h. or more above the posted speed limit. |
Driving recklessly, as defined by State or local law or regulation, including but not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property. |
Making improper or erratic traffic lane changes. |
Following the vehicle ahead too closely. |
Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident. |
Driving a CMV without obtaining a CDL. |
Driving a CMV without a CDL in the driver’s possession. |
Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported. |
Violating laws relating to prohibiting texting or using a handheld mobile telephone while driving a CMV. |
CDL Disqualifications – Railroad Grade Crossing Violations |
The first violation of a Railroad Highway Grade Crossing (RRHGC) Violation results in a disqualification of not less than 60 days. A second violation within 3 years will result in a disqualification of not less than 120 days. A third and subsequent violation within 3 years will result in a disqualification of not less than 1 year.
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A RRHGC Violations occur when: |
The driver is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train. |
The driver is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear. |
The driver is always required to stop, but fails to stop before driving onto the crossing. |
The driver fails to have sufficient space to drive completely through the crossing without stopping. |
The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing. |
The driver fails to negotiate a crossing because of insufficient undercarriage clearance. |
CDL Disqualifications – Out-of-Service Order Violations |
There are two types of Out-of-Service Order (OOSO) Violations. Category 1 violations apply to a driver who was transporting placarded hazardous materials or operating a vehicle designed to transport 16 or more passengers. Category 2 violations apply to drivers not included in Category 1.
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Category 1 – Penalty: The first violation results in a disqualification of no less than 180 days or more than 2 years. The second and subsequent violations within 10 years, results in a disqualification of no less than 3 years or more than 5 years. |
Category 2 – Penalty: The first violation results in a disqualification of no less than 180 days or more than 1 year. The second violation within 10 years, results in a disqualification of no less than 2 years or more than 5 years. The third and subsequent violations result in disqualifications of no less than 3 years or more than 5 years. |