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Truckers and Bus Drivers: Protect Your Commercial Driver's Licenses
Learn more about violations that could cost you your right to drive commercially.
September 14, 2011 /Travel PR News/ -- It would not be surprising for the driver of a Toyota Prius, Ford Fiesta, Volkswagen Beetle or other small car to wince for a moment when pulling out into heavy highway traffic that includes semis and buses. To keep us all safe on the roads no matter what we drive, we rely on government regulators to ensure that drivers of large commercial motor vehicles are properly qualified and trained.
If you and your family depend on your income as a trucker or bus driver, you must maintain your CDL so you can continue to legally drive. For example, you must be careful not to violate traffic laws in your truck, bus or even your own personal vehicle. Traffic infractions whenever you are driving can have negative repercussions for your commercial license.
Federal Oversight of State CDL Administration
The federal government took control of the CDL system through the Commercial Motor Vehicle Safety Act of 1986. In adopting this major law, Congress was reacting to weaknesses in states' training, qualification and testing of commercial drivers. Also, the lack of interstate record sharing compromised road safety by allowing a driver to escape the consequences of a commercial license restriction or suspension in one state by simply getting a new license in another state without disclosing the other problematic CDL record.
The Act took away the right of any driver to have more than one CDL.
In very basic terms, through the Act the federal government sets minimum standards for state CDL training and qualification, and for nationwide data sharing. Additional training and testing are required for licensing drivers of specialized large vehicles such as school buses, those hauling hazardous materials or those utilizing air brakes.
Before issuing CDLs, states are also required to check state and federal CDL databases to ensure that applicants do not have multiple licenses, and are not restricted or prohibited from driving commercially in other jurisdictions. States are also required to report CDL status and violation information to these national databases.
The Act does not create a federal commercial driver's license, but imposes federal standards on every state and the District of Columbia in their state CDL licensing programs. If a state is not in substantial compliance with the federal CDL standards, the state may lose the privilege of issuing or administering its own commercial driving license program.
Provisions Affecting Drivers
Many parts of the federal law can significantly impact a driver's legal status to drive commercially. Some highlights:
- A driver who violates an "out-of-service order" may be subject to hefty fines and eventual disqualification from driving.
- A driver who violates any law controlling "railroad-highway grade crossings," known as RRHGCs, is subject to a fine of up to $10,000.
- Rather than the 0.08 blood-alcohol concentration at which a noncommercial driver is assumed impaired under state law, federal law presumes a commercial driver to be legally impaired at 0.04 BAC, violation of which may disqualify a driver from commercial driving.
- Federal law requires a CDL holder to report to his or her employer any traffic violation, other than for parking, whether received driving commercially or privately in any vehicle; any license restriction; or any driving disqualification.
Employers are subject to severe civil and criminal penalties for using drivers with suspended or otherwise restricted licenses.
Grounds for Driving Disqualification
A CDL holder can be temporarily or permanently disqualified from driving for certain infractions. Out-of-state violations count equally and states are required to report violations to each other. Some grounds for disqualification include:
- Drug felonies: A driver is subject to lifetime disqualification with no chance of reinstatement for involving any vehicle in the commission a drug felony.
- RRHGC violations: A driver is in danger of increasingly long periods of disqualification for successive RRHGC violations.
- Serious traffic violations: "Serious" violations include citations for driving commercially without your CDL, speeding more than 15 mph over the limit, driving recklessly, changing lanes improperly, following too closely and so on. Penalties are no disqualification for the first violation; 60-day disqualification for the second within three years; and 120-day disqualification for the third within three years.
- Major traffic violations: "Major" violations include citations like driving under the influence of alcohol of drugs, refusing an alcohol test, leaving an accident scene, driving a CMV with an invalid or suspended CDL, involving any vehicle in the commission of any felony, causing a death when negligently driving a CMV and so on. Penalties are a one-year disqualification for the first violation (3-year disqualification if it involves hazardous materials transport requiring signage); and permanent disqualification for the second violation, with some opportunity for reinstatement after a 10-year suspension, depending on the circumstances.
If You Make a Mistake, See a Lawyer Immediately
This article just scratches the surface of the complexity of CDL laws. If you have a CDL, you must drive with the utmost caution at all times to avoid setting in motion a potential restriction on your livelihood. Be aware of and follow carefully your reporting requirements to your employer. Behave with integrity when dealing with government agencies or law enforcement in matters related to driving or licensing.
Federal CDL regulations set minimum standards for the states. Drivers must also be aware that a particular state's CDL law may be even tougher than the federal standards.
If you find yourself facing a traffic violation or anything more serious like a driving infraction involving alcohol, be sure to contact a criminal defense attorney immediately. The government views your CDL as a privilege and your compliance with the law as necessary for public safety. You need a legal advocate on your side to advise you, fight for your defense and ultimately protect your career.
Article provided by Law Offices of Richard P. Arnold
Visit us at www.richardparnold.com
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