Traffic Violation Convictions While Driving a CMV

If you are convicted of certain traffic offenses while operating a commercial motor vehicle (CMV), you will be

subject to more severe penalties, which may result in the suspension or revocation of your CDL. Your

operator/chauffeur license may also be affected, depending on the severity of the traffic offense.

Any traffic conviction in a non-commercial motor vehicle that results in a suspension or revocation of your

operator/chauffeur license, will also apply to your CDL.

The following information outlines the various penalties for certain traffic violation convictions, railroad crossing

convictions and drug or alcohol-related convictions committed while operating a CMV and for certain convictions,

while operating a non-commercial motor vehicle.

Major Traffic Offenses

•

Under the influence of alcohol.

• Having an alcohol concentration of 0.04 or greater

  while operating a CMV.

• Operating under the influence of a controlled substance.

• •Refusing to take an alcohol test.
•   Leaving the scene of an accident. •
•  Using the vehicle to commit a felony
•  Causing a fatality through the negligent operation of a CMV
•  Using the vehicle in the commission of a felony involving manufacturing, distributing or dispensing a controlled substance.

If charged and convicted for any major traffic offense listed above while driving any type of motor vehicle your

CDL will be:

• • Suspended for 1 year for a first violation; 3 years, if transporting hazardous materials.

• • Revoked for a minimum of 10 years for any two convictions occurring in separate incidents, in any time period.

• If charged with and convicted of reckless driving, negligent homicide, or fleeing/eluding a law enforcement officer(misdemeanor), your CDL will be suspended for one year

• If charged with and convicted of committing a felony involving the manufacture, distribution or dispensing of acontrolled substance, your CDL will be revoked for life.

Your operator/chauffeur license may also be affected, depending on the severity of the traffic conviction and

points will be will be added to your driving record.

Serious Traffic Violations

 Speeding 15 mph or more over the posted limit. • A traffic violation connected with a fatal accident.

• Following too closely. • Careless driving.

•  Changing/using lanes erratically/improperly • Operating a CMV without a CDL

• Operating a CMV without a CDL in the driver’s possession

•  Driving a CMV without proper class of CDL and/orendorsements

If charged and convicted for any of the serious traffic violations while driving a CMV, your CDL will be:

•

• Suspended for 60 days for two violations in separate incidents in three years.

• • Suspended for 120 days for three or more violations in separate incidents in three years.

• • Points will be added to your driving record.

If convicted for any of the above in a non-CMV, your CDL will be suspended if the conviction results in a

suspension or revocation of your driver’s license.

Railroad Crossing Violations

For drivers who are not required to always stop:

• Failure to slow down and check the tracks are clear of

an approaching train.

• Failure to stop before reaching the crossing when the

tracks are not clear.

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 completelythrough the crossing without stopping

• • Failing to obey a traffic control device or the directionsof an enforcement official at the crossing.

• • Failing to negotiate a crossing because of insufficientundercarriage clearance

Railroad Crossing Violations (continued)

• If charged and convicted for any of the railroad crossing violations listed above, your CDL will be
• Suspended for 60 days for the first violation.
• Suspended for 120 days for two violations in separate incidents in three years.
• Suspended for one year for three or more violations in separate incidents in three years.
• Points will be added to your driving record.

What About Serious Alcohol Violations While Operating a CMV?

Out-of-service

You will be placed out-of-service for 24 hours if you:

•  Refuse to take a preliminary breath test (PBT);

•  Consume alcohol within four hours prior to operating a CMV;

•  Consume alcohol while operating a CMV; or

• Have a bodily alcohol content (BAC) of .015 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

Other Alcohol Violations

If you have consumed too much alcohol, you can be charged with:

• Operating While Intoxicated.

•  Operating While Impaired by Liquor

• Operating with a BAC of .04 < .08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

• OUIL, OWI or UBAL causing death or serious injury.

•  You may be charged with operating under the influence, or operating while impaired by Controlled Substances.

If you refuse to submit to a chemical test (implied Consent)* or are convicted of any of the alcohol offenses listed

above, your CDL will be:

• Suspended for one year for a first offense, or three years if transporting hazardous materials; and

•  Revoked for a minimum of ten years for a second or third offense.

Note: *Implied Consent means that any person who holds a CDL is considered to have agreed to such

testing. Consent is implied by driving a motor vehicle.

Your operator/chauffeur license may also be suspended or revoked and points may be added to your driving Record

What are the CMV Operator’s Responsibilities Regarding

Notification of Convictions and Suspensions?

You must notify your employer in writing of:

•  Traffic violations (other than a parking ticket) committed in any motor vehicle within 30 days of conviction.

The notification must include:

• • Your full name and signature.
• • Driver license number.
• • Date of conviction.
• • Specific violation(s) committed.
• • Whether the violation was in a CMV
•    Any out-of-service order within twenty-four hours.