1.3.1 – General
You may not drive a commercial motor vehicle if you are disqualified for any reason.
1.3.2 – Alcohol, Leaving the Scene of an Accident, and Commission of a Felony
It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .04% or more. If you operate a CMV, you shall be deemed to have given your consent to alcohol testing.
You will lose your CDL for at least one year for a first offense for:
- Driving a CMV if your blood alcohol concentration is .04% or higher.
- Driving a CMV under the influence of alcohol.
- Refusing to undergo blood alcohol testing.
- Driving a CMV while under the influence of a controlled substance.
- Leaving the scene of an accident involving a CMV.
- Committing a felony involving the use of a CMV.
- Driving a CMV when the CDL is suspended.
- Causing a fatality through negligent operation of a CMV.
You will lose your CDL for at least three years if the offense occurs while you are operating a CMV that is placarded for hazardous materials.
You will lose your CDL for life for a second offense.
You will lose your CDL for life if you use a CMV to commit a felony involving controlled substances.
You will be put out-of-service for 24 hours if you have any detectable amount of alcohol under .04%.
1.3.3 – Serious Traffic Violations
Serious traffic violation means conviction of any of the following offenses or a conviction of any law or ordinance equivalent thereto in this state, in any other state, or in any foreign jurisdiction, when operating either a commercial motor vehicle or unless otherwise specified, a non-commercial vehicle:
Serious traffic violations are excessive speeding (15 mph or more above the posted limit), reckless driving, improper or erratic lane changes, following a vehicle too closely, traffic offenses committed in a CMV in connection with fatal traffic accidents, driving a CMV without obtaining a CDL or having a CDL in the driver’s possession, and driving a CMV without the proper class of CDL and/or endorsements.
You will lose your CDL:
- For at least 60 days if you have committed two serious traffic violations within a three-year period.
- For at least 120 days if convicted of a third or subsequent serious traffic violation.
1.3.4 – Violation of
You will lose your CDL:
- For at least 90 days if you have committed your first violation of an out-of-service order.
- For at least two years if you have committed two violations of out-of-service orders in separate incidences.
- For at least three years if you have committed three or more violations of an out-of-service order.
1.3.5 – Railroad-highway Grade
You will lose your CDL:
- For at least 60 days for your first violation.
- For at least 120 days for your second violation within a three-year period.
- For at least one year for your third violation within a three-year period.
These violations include violation of a federal, state or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing:
- For drivers who are not required to always stop, failing to stop before reaching the crossing if the tracks are not clear.
- For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train.
- For drivers who are always required to stop, failing to stop before driving onto the crossing.
- For all drivers failing to have sufficient space to drive completely through the crossing without stopping.
- For all drivers failing to obey a traffic control device or the directions of an enforcement official at the crossing.
- For all drivers failing to negotiate a crossing because of insufficient undercarriage clearance.
1.3.6 – Hazardous Materials
Endorsement Background Check and Disqualifications
If you require a hazardous materials endorsement you will be required to submit your fingerprints and be subject to a background check.
You will be denied or you will lose your hazardous materials endorsement if you:
- Are not a lawful permanent resident of the United States.
- Renounce your United States citizenship.
- Are wanted or under indictment for certain felonies.
- Have a conviction in military or civilian court for certain felonies.
- Have been adjudicated as a mental defective or committed to a mental institution.
- Are considered to pose a security threat as determined by the Transportation Security Administration.
The background check procedures vary from jurisdiction to jurisdiction. Your licensing agency will provide you with all the information you need to complete the required TSA background check procedures. (The TSA website can provide additional information – https://universalenroll.dhs.gov.)
1.3.7 – Traffic Violations in Your
The Motor Carrier Safety Improvement Act (MCSIA) of 1999 requires a CDL holder to be disqualified from operating a commercial motor vehicle if the CDL holder has been convicted of certain types of moving violations in their personal vehicle.
If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to violations of traffic control laws (other than parking violations) you will also lose your CDL driving privileges.
If your privilege to operate your personal vehicle is revoked, cancelled, or suspended due to alcohol, controlled substance or felony violations, you will lose your CDL for 1 year. If you are convicted of a second violation in your personal vehicle or CMV you will lose your CDL for life.
If your license to operate your personal vehicle is revoked, cancelled, or suspended you may not obtain a “hardship” license to operate a CMV.