CDL Driver Disqualification

• CDL Driver Disqualification For Major Offenses
• CDL Driver Disqualification For Serious Traffic Violations
• CDL Driver Disqualification For Railroad-Highway Grade Crossing Offenses
• CDL Driver Disqualification For Violations Of Out-Of-Service Orders

Reinstatement after lifetime disqualification:

A driver disqualified for life for major offenses listed below MAY be reinstated by the State after 10 years, provided that person has voluntarily entered and completed the appropriate state-approved rehabilitation program.

Any driver reinstated after a lifetime disqualification who is subsequently convicted of another major offense cannot be reinstated again.

If a CDL or CLP driver operates a motor vehicle and is convicted of:

• Being under the influence of alcohol as prescribed by State law.
• Being under the influence of a controlled substance.
• Having an alcohol concentration 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 the vehicle to commit a felony, other than felony involving manufacturing, distributing, or dispensing a controlled substance.

Disqualification from driving a CMV is as follows:

• 1 Year:

  For the first conviction or test refusal while operating either a CMV or non-CMV.

• 3 Years:

  For the first conviction or test refusal while operating a CMV transporting hazardous materials.

• Life, Eligible For Possible 10-Year Reinstatement:

  For second conviction or test refusal for combination of any major offenses while operating either a CMV or non-CMV.

If a CDL or CLP driver operates a commercial motor vehicle and is convicted of:

• Driving a CMV when, as a result of prior violations committed operating a CMV, the driver's CLP or CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV or,
• 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.

Disqualification from driving a CMV is as follows:

• 1 Year:

  For the first conviction or test refusal while operating a CMV.

• 3 Years:

  For the first conviction or test refusal while operating a CMV transporting hazardous materials.

• Life, Eligible For Possible 10-Year Reinstatement:

  For second conviction or test refusal for combination of any major offenses while operating a CMV.

Lifetime Disqualification From Operating A CMV, With No Possibility Of Reinstatement:

Any driver convicted of using either a CMV or a non-CMV in the commission of a felony involving manufacturing, distributing, or dispensing of a controlled substance will be permanently disqualified from operating a CMV for life, with no chance of being reinstated. Ever.

If a CDL or CLP driver operates a motor vehicle and is convicted of:

• Speeding excessively, involving any speed of 15 mph or more above the regulated or posted speed limit.
• Driving recklessly, as defined by State or local law or regulation.
• Making improper or erratic traffic lane changes.
• Following the vehicle ahead too closely.
• Violating State or local law relating to motor vehicle traffic control.

Disqualification from driving a CMV is as follows:

• 60 Days:

  For a second conviction of any serious traffic violations within a 3-year period in a CMV, or in a non-CMV that results in suspension or revocation of the driver's non-CMV license.

• 120 Days:

  For a third or subsequent conviction of any serious traffic violations within a 3-year period in a CMV, or in a non-CMV that results in suspension or revocation of the driver's non-CMV license.

If a CDL or CLP driver operates a motor vehicle and is convicted of:

• Driving a CMV without obtaining a CLP or CDL.
• Driving a CMV without a CLP or CDL in the driver's possession and failing to provide proof otherwise by court date.
• Driving a CMV without the proper class of CLP or CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.
• Violating a State or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a CMV
• Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV.

Disqualification from driving a CMV is as follows:

• 60 Days:

  For a second conviction of any serious traffic violations within a 3-year period in a CMV.

• 120 Days:

  For a third or subsequent conviction of any serious traffic violations within a 3-year period in a CMV.

Drivers can be disqualified if they are convicted of operating a CMV in violation of a Federal, State or local law because:

• 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.

Violations involving railroad crossings all carry the same disqualification penalties for first, second, and subsequent offenses.

• First conviction: At least 60 days disqualification from driving a CMV .
• Second conviction, within 3 years: At least 120 days disqualification.
• Third and subsequent convictions: At least one year disqualification.

An out-of-service order stipulates that a CDL or CLP holder not drive a commercial vehicle for a certain period of time, or until such time as they are re-instated to service.

In addition to disqualification, drivers who violate out-of-service orders will be fined a civil penalty of at least $2,500 for the first offense, and $5,000 for any additional offenses.

• Violating a driver or vehicle out-of-service order while transporting nonhazardous materials:

  • First conviction: At least 180 days, up to a year disqualification from driving a CMV .
  • Second conviction within 10 years: At least 2 years, up to 5 years disqualification.
  • Third and subsequent convictions, within 10 years: At least 3 years, up to 5 years disqualification.

• Violating a driver or vehicle out-of-service order while transporting hazardous materials, or passenger vehicles designed to transport 16 or more passengers:

  • First conviction: At least 180 days, up to 2 years disqualification from driving a CMV .
  • Second conviction within 10 years: At least 3 years, up to 5 years disqualification.
  • Third conviction and more, within 10 years: At least 3 years, up to 5 years disqualification.