July 2008, Work Truck - Feature
Have Traffic Violations Disqualified Your CDL Driver(s)?
By Mike Butsch
Serious Traffic Violations
- Excessive speeding — 15 mph or more above the posted speed limit.
- Reckless driving.
- Improper or erratic lane changes.
- Following too closely.
- A traffic violation arising in connection with a fatal traffic accident.
- Driving a CMV without having obtained a CDL.
- Driving a CMV without having a CDL in the driver’s possession.
- Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group operated, for passengers or cargo type.
Disqualification Periods
- Two serious traffic violations in separate incidents during any three-year period: 60-day disqualification.
- Three serious traffic violations in separate incidents during any three-year period: 120-day disqualification.
If the driver is convicted of two or more serious traffic violations while operating a vehicle other than a CMV, he or she becomes disqualified only if there is a revocation or suspension of driving privileges.
Out-of-Service Violations
If a driver is convicted of violating an out-of-service order, he or she is disqualified for:
- First offense: 90 days – one year.
- Second offense in a 10-year period: 1-5 years.
- Third offense in 10 years: 3-5 years.
Penalties for HAZMAT drivers:
- First offense:180 days – two years.
- Two or more violations in a 10-year period: 3-5 years.
Railroad-Highway Grade Crossing Offenses
If a driver is convicted of operating a CMV in violation of federal, state, or local law pertaining to any of the six railroad-highway grade crossing requirements, per FMCSR 383.51(d), the following disqualification periods apply:
- First violation: minimum 60 days.
- Second violation during any three-year period: minimum 120 days.
- Three or more violations within any three-year period: minimum one year.
It is important to remind drivers that violations in any type of vehicle could result in a loss of their CDL.
All information reported in this article is based on regulatory minimums. Individual companies or organizations may have more stringent requirements and may remove a driver from operating a CMV. Only the state has the authority to suspend or revoke an individual’s CDL. WT
About the Author
Mike Butsch is North America/fleet alliance manager for Joy Global, a worldwide machinery and services company. He can be reached at mbutsch@phmining.com.