CDL Disqualification or Cancellation
Temporary Disqualifications
CDL and CLP holders will be temporarily disqualified upon conviction of serious traffic violations, which are defined as:
- excessive speeding, involving a single charge of any speed 15 miles per hour or more above the posted speed limit
- careless driving
- reckless driving
- a violation of any state or local law related to motor vehicle traffic control arising in connection with a fatal accident
- following the vehicle ahead too closely
- failure to stop or yield
- failure to stop or slow a vehicle for a school bus
- eluding a police vehicle
- improperly overtaking or passing another vehicle
- improper or erratic traffic lane changes
- using a hand-held mobile device
- texting while operating a commercial motor vehicle
- driving a commercial motor vehicle without obtaining a CDL
- driving a commercial motor vehicle without a CDL in the driver’s possession
- driving a commercial motor vehicle without the proper CDL class or endorsement.
The duration of the disqualification is shown in Table 31.
Table 31: Serious Traffic Violation Disqualifications
| Serious Traffic Violation | Disqualification |
|---|---|
| 2nd conviction within a 3-year period | 60 days |
| 3rd or subsequent conviction within a 3-year period | 120 days |
In addition, a 60-day disqualification will result from falsifying information on any CDL application or certification.
Out-of-Service Order Disqualifications
Violations of out-of-service orders are considered serious, and result in longer disqualifications (Table 32).
Table 32: Out-of-Service Order Disqualifications
| Out-of-Service Order Violation | Disqualification | Disqualification |
|---|---|---|
| 1st violation | 180 days | 180 days |
| 2 violations in separate incidents within a 10-year period | 2 years | 3 years |
| 3 violations in separate incidents within a 10-year period | 3 years | 5 years |
Disqualification for Grade Crossing Violations
Convictions for railroad grade crossing violations committed while driving a commercial motor vehicle result in a Commercial Driver License disqualification, as shown in Table 33.
Table 33: Railroad Crossing Violation Disqualifications
| Railroad Crossing Violation | Disqualification |
|---|---|
| 1st conviction | 60 days |
| 2nd conviction within a 3-year period | 120 days |
| 3rd or subsequent conviction within a 3-year period | 1 year |
One-Year Disqualification
Any person is disqualified from driving a commercial motor vehicle for a period of no less than one year if convicted of a first violation of:
- driving under cancellation, revocation, or suspension of a CDL or CLP
- driving a commercial motor vehicle with 0.04 to 0.07% blood alcohol content
- driving a commercial or non-commercial vehicle with a blood alcohol content 0.08% or more
- hit-and-run or leaving the scene of an accident while driving a commercial or non-commercial vehicle
- using a commercial or non-commercial motor vehicle in the commission of a felony
- refusing to submit to a chemical analysis to determine blood alcohol content while driving in a commercial or non-commercial motor vehicle
- causing a fatality through negligent operation of a commercial motor vehicle
If any of the violations occurred while transporting hazardous materials required to be placarded, the person is disqualified for a period of no less than three years.
Lifetime Disqualification
Any person will be disqualified for life from driving a commercial motor vehicle for:
- using a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance; or
- conviction of two or more violations of any of the offense specified in the one-year disqualification or any combination of those offenses arising from two or more separate incidents. After 10 years, a driver may apply to the Department of Public Safety for reinstatement, provided the driver has successfully completed a rehabilitation program approved by the Department.
Driving Under the Influence (DUI) Laws
Drinking alcohol or using controlled substances while driving a commercial vehicle is against the law. Penalties include:
- For any detectable Blood Alcohol Content (BAC) less than 0.04 percent, drivers will be put out of service for 24 hours.
- For a BAC of 0.04 percent or more, drivers will lose their CDL for one year for a first offense. If hauling hazardous materials, they will lose it for three years. Drivers will lose their CDL for life for a second offense.
Drivers arrested for Driving Under the Influence (DUI) may be asked to take a chemical test to determine their BAC. Under the “Implied Consent Law” drivers give their consent for a chemical test whenever they drive any vehicle on a public highway. Drivers who refuse will lose their Commercial Driver License for at least one year unless a hearing determines otherwise. Drivers can lose their license just for refusing to take the test, even though they may not have been drinking at all. A BAC of 0.08 percent or more is evidence that a driver was driving under the influence of alcohol. Drivers can be charged and convicted of DUI even though they do not take a chemical test.
In addition, drivers who refuse to submit to the requested chemical analysis while driving a commercial motor vehicle are immediately placed out of service for a period of 24 hours and are disqualified from operating a commercial motor vehicle for at least one year.