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Reasons for CDL Disqualification

CDL, Commercial Truck Driver, DUI, SR22, Suspension, Laws, Legal, Lawyer, Disqualification, Info

Reasons for CDL Disqualification

Reasons for CDL Disqualification  – Reporting requirements under the CDL program have been in effect since 1988. Commercial drivers must notify the Secretary of State of the following:

  • Any out-of-state traffic violation within 30 days of conviction.
  • Any out-of-state suspension, revocation or cancellation of driving privileges, as well as disqualification or out-of-service actions, within 30 days of the effective date.
  • Change of name or address within 10 days. The driver has 30 days to obtain a corrected CDL.

Commercial drivers also must notify their employer of the following:

  • Any traffic violation within 30 days of the date of conviction.
  • Any suspension, revocation or cancellation of their driving privileges, as well as any disqualification or out-of-service action, within one day of notification of action.
  • Complete employment and driving record for the previous 10 years.

1.13 Alcohol Provisions

Law requires drivers operating a commercial motor vehicle (CMV) or a non-commercial motor vehicle (nonCMV) on highways to automatically give their consent to submit to certain tests to determine blood-alcohol concentration (BAC). A CDL holder may not operate a commercial vehicle with a BAC of .04 or more or a noncommercial vehicle with a BAC of .08 or more.

Drinking and Driving, CDL, Commercial Driver, License, Suspension, DUI
  • Any driver operating a CMV or non-CMV who refuses to submit to chemical testing or submits to a test with results in excess of the legal limit is disqualified for a minimum 12 months.
  • Any driver convicted of DUI (regardless of BAC) is disqualified for a minimum 12 months.
  • If either violation above takes place while transporting placarded hazardous materials, the driver is disqualified for a minimum three years.
  • A driver who commits two of the above violations, arising from two or more incidents, is disqualified for life.
  • A CDL holder operating a CMV found to have any alcohol in his or her system is placed out of service for at least 24 hours.
  • Anyone convicted of driving a commercial motor vehicle with any amount of drug, substance or compound resulting from unlawful use or consumption of cannabis listed in the Cannabis Control Act or controlled substance listed in the Controlled Substance Act is disqualified for a minimum 12 months.

1.14 Other Offenses Leading to Disqualification

The following offenses also will lead to disqualification:

  • Knowingly and willfully leaving the scene of an accident while operating a CMV or non-CMV results in disqualification for a minimum 12 months.
  • Committing a felony while operating a CMV or non-CMV results in disqualification for a minimum 12 months.
  • A conviction for either offense above while carrying placarded hazardous materials results in disqualification for a minimum three years.
  • A conviction for violation of an out-of-service order results in disqualification for a minimum six months.
  • The use of a CMV or non-CMV in the commission of any felony involving manufacturing, distributing or dispensing a controlled substance, or possession with intent to manufacture, distribute or disperse a controlled substance, results in a lifetime disqualification.
  • Operating a commercial motor vehicle in violation of regulations pertaining to railroad-highway grade crossings: first conviction – 60 day disqualification; second conviction within a three-year period —120-day disqualification; third and subsequent conviction within a three-year period — one year disqualification.

Excessive Speeding

Excessive speeding involving any single offense for any speed of 15 mph or more above the posted speed limit.

  • Failure to reduce speed to avoid an accident.
  • Driving too fast for conditions.
  • Exceeding the speed limit in a school zone.

Reckless Driving

Operating a CMV or non-CMV in a manner that exhibits a willful, wanton or reckless disregard of the safety of persons or property.

  • Passing a vehicle stopped for a pedestrian in a crosswalk.
  • Driving on a sidewalk.
  • Passing a school bus receiving or discharging passengers or displaying a warning not to pass.

No Valid CDL

Operating a CMV without a valid CDL.

  • Operating a CMV with an improper classification or restriction.
  • Violation of an instruction permit.

Following Too Closely

Following the vehicle ahead too closely.

  • Failure of a truck to leave sufficient distance for being overtaken by another vehicle.

Improper Lane Usage

Improper or erratic traffic lane changes.

  • Improper lane changing, lane usage and/or center lane usage.
  • Improper passing.
  • Passing on a hill or curve or when prohibited.
  • Passing on wrong side of the road.
  • Improper passing on shoulder, left or right.
  • Driving wrong way on a one-way street or highway.
  • Driving on the left side of the roadway.
  • Passing in a school zone.

Conviction Involving a Fatal Accident

A violation of any state law or local ordinance relating to motor vehicle traffic control (other than parking violations) arising in connection with a fatal traffic accident.

Multiple Licenses

A violation relating to a CMV driver having multiple driverʼs licenses.

Traffic Violations

Two serious traffic violations within a three-year period results in a two-month disqualification. Three serious traffic violations in the same period results in a four-month disqualification.

How long does SR22 stay on record?

How long does SR22 stay on your record?

Before the answer of how long an stay on record, it is prudent to explain what it is for those who may not know what it is. A is a document that proves that the person who carries it has the financial ability to meet any financial obligations that may arise as a result of an auto accident they may be party today.

DUI in Texas: Refusal to Take a Blood, Breath or Urine Test

DUI in Texas: Refusal to Take a Blood, Breath or Urine Test

DUI in Texas: Refusal to Take a Blood, Breath or Urine Test

DUI in Texas: Refusal to Take a Blood, Breath or Urine Test – If you are driving in Texas and you get pulled over by a traffic officer, should you submit to a breathalyzer or blood test when the officer suspects intoxication? That question lingers on most drivers who might be on the right or even guilty when they get stopped. This situation arises when one gets arrested on suspicion that one is driving while intoxicated DWI or driving under the influence DUI.

What does an Ohio SR22 bond cover?

What does an Ohio SR22 bond cover?

What does an Ohio bond cover?

What does an Ohio bond cover? The Ohio state requires you to be in possession of auto insurance coverage while operating your motor vehicle on its roads. If you live in Ohio, one of the most relevant information that you need to know prior to violating any driving law is the bond- SR stands for Safety Responsibility.

Can I Get A CDL With A DUI In Texas ?

Can i get a CDL with a dui on my record in Texas?

Can I Get A CDL With A DUI In Texas ?

Can I Get A CDL With A DUI In Texas ? Before we answer the question, let’s define your need. The Commercial Driver’s License (CDL) is a special license designed for drivers who are responsible for: transporting 16 or more passengers -including the driver; operating a motor vehicle with a gross weight rating of 26,001 pounds, and transporting hazardous materials in large quantities. This document is resourceful to drivers who seek to get a better job in the future.

What is required to have SR22 ?

What if required to have SR22 - caught on violating traffic laws?

What is required to have ?

What is required to have  ? caught on violating traffic laws? If you are one of those people who have already been found guilty of traffic offenses and have been required to acquire a SR-22, make sure you do. This is because your next violation will have even more dire consequences. In the first place you do not get a SR-22 requirement for being a safe driver. It is because you have proven that you pose a risk to other motorists, property and the public at large with your driving skills.  What do you risk, when you are found violating the law once more?

What is a court ordered FR2 in Florida

What is a court ordered FR2 in Florida

What is a court ordered FR2 in Florida ?

What is a court ordered FR2 in Florida – The No-Fault Law (S. 627.733, 627.734, and 627.736(9)(a), F.S.) requires proof of Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage continuously throughout a current vehicle registration period in the following amounts: $10,000 (PIP) for personal injury protection per occurrence $10,000 (PDL) for damage of property of others per occurrence.

If you are cited by law enforcement for failure to show proof of no-fault coverage and the court suspends your driver license, a Financial Responsibility suspension will be applied to your driver license record. Since the court has afforded due notice and opportunity to be heard, the suspension is effective immediately.

This type of suspension affects your driver license and any plates/registrations in your name. If your license is suspended or revoked, we urge you not to drive to or from our office, as you may be ticketed or arrested by law enforcement if caught driving. (There are no exceptions or allowances in Florida Statutes [the law] that would allow a person to drive to a tax collector or driver license office on a suspended or revoked license.)

 This suspension remains in effect for two years from the original suspension date or until you comply with the following reinstatement requirements:

You did not have PIP and PDL coverage on the offense date

You must carry PIP coverage and PDL coverage certified by an original “non-cancellable” pink SR-22 form for two years from the original suspension date. The SR-22 must be stamped with the statement “SIX MONTHS NON-CANCELLABLE“. (The SR-22 form is purchased from an automobile insurance company and can be electronically submitted.) Copies of the SR-22 form will not be accepted, nor will insurance cards or policies in this case. (If you are within 60 days of the end of your suspension period or if you are a non-Florida resident, you may be exempt from the SR-22 requirement.

Ask an associate for details.) Pay the reinstatement fee based on previous suspensions, provided no other issues are on file making your record otherwise ineligible for reinstatement. This fee is in addition to any other fees due for other suspensions cleared at the same time.

$156.25 (1st suspension)

$256.25 (2nd suspension within 3 years from 1st reinstatement date)  

$506.25 (3rd suspension within 3 years from 1st reinstatement date)

Your original pink SR-22 will be scanned and subject to verification.

You had PIP and PDL coverage on the offense date, present proof of PIP and PDL in effect on the offense date.

The proof of insurance may be a card, policy or binder, provided it lists PIP and PDL coverage. If the insurance was already submitted and was denied, a letter on letterhead from the insurance company must be presented and must include: insurer name, policy #, policy period, vehicle(s) insured, coverage (including BIL and PDL) and covered drivers. Or, insurance for another policy/company must be presented that was in effect on the offense date.

Pay the reinstatement fee of $6.25, provided no other issues are on file making your record otherwise ineligible for reinstatement. This fee is in addition to any other fees due for other suspensions cleared at the same time. Your proof of insurance will be scanned and subject to verification.

You opt to turn in the plate for the uninsured vehicle

If you do not want to purchase an SR-22 and you cannot prove that you were insured on the offense date, you can surrender the plate for the vehicle that was uninsured and operated at the time of the offense (subject to verification).

Important Note: If you choose this option and you want to re-register the vehicle within 2 years from the date of the offense, you will be required to show an SR-22 at that time. Pay the reinstatement fee based on previous suspensions, provided no other issues are on file making your record otherwise ineligible for reinstatement. This fee is in addition to any other fees due for other suspensions cleared at the same time.

$156.25 (1st suspension)

$256.25 (2nd suspension within 3 years from 1st reinstatement date)

$506.25 (3rd suspension within 3 years from 1st reinstatement date)

You no longer own the vehicle or it was disposed of

If you do not want to purchase an SR-22 and you cannot prove that you were insured on the offense date, you can verbally certify that you no longer own the vehicle for which you received the citation (subject to verification). Pay the reinstatement fee based on previous suspensions, provided no other issues are on file making your record otherwise ineligible for reinstatement. This fee is in addition to any other fees due for other suspensions cleared at the same time.

$156.25 (1st suspension)

$256.25 (2nd suspension within 3 years from 1st reinstatement date)

$506.25 (3rd suspension within 3 years from 1st reinstatement date)

Your original citation will be scanned and subject to verification.

You did not own the vehicle on the offense date

If you cannot prove that you were insured on the offense date, you can verbally certify that you did not own the vehicle on the offense date for which you received the citation (subject to verification). You must provide the original citation that specifies that you failed to provide proof of insurance to the law enforcement officer (subject to verification). Pay the reinstatement fee of $6.25.

Your license plate was expired on the offense date

If your license plate is still expired and you do not want to purchase an SR-22, you must provide the original citation that specifies that you failed to provide proof of insurance to the law enforcement officer (subject to verification). Pay the reinstatement fee based on previous suspensions, provided no other issues are on file making your record otherwise ineligible for reinstatement. This fee is in addition to any other fees due for other suspensions cleared at the same time.

$156.25 (1st suspension)

$256.25 (2nd suspension within 3 years from 1st reinstatement date)

$506.25 (3d suspension within 3 years from 1st reinstatement date)

Your original citation will be scanned and subject to verification.

You waited out the 2-year suspension period

Provided it has been 2 years + 1 day since the original suspension date, pay the reinstatement fee of $6.25, provided no other issues are on file making your record otherwise ineligible for reinstatement. This fee is in addition to any other fees due for suspensions cleared at the same time.

You were suspended in error

In rare cases, when an individual is exempt from the Florida No-Fault Law, a law enforcement officer may issue a citation in error or the court may request a suspension in error. When this occurs, our office must alert the Division of Motorist Services in Tallahassee of the error (subject to verification) and await their instruction. If the Division of Motorist Services authorizes the suspension clearance. a $6.25 reinstatement fee will be due. If they deny clearance, you will be required to comply with one of the options listed above in order to reinstate your driving privilege in Florida.   

 
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