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CDL Disqualifications

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Being a CDL driver means adhering to a code of conduct. This means adhering to all safety and regulatory guidelines. These guidelines ensure the safety of all CMV operators and the drivers they share the road with. 

 

Under certain circumstances, the FMCSA (Federal Motor Carrier Safety Association) will disqualify drivers if they violate rules and regulations. The disqualifications range from temporary to permanent based on the severity of the offense. 

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What New Drivers Need To Know About CDL Driver Disqualifications:

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The FMCSA regulations specify certain circumstances that will disqualify a driver from legally operating a CMV, temporarily or permanently.

 

Issues resulting in disqualification apply only to CDL or CLP holders, or those required to have a CLP or CDL in the vehicle they are operating. Tickets, DUI or DWI, and other legal issues that happened before a driver was issued a CDL or CLP, or to non-CDL or CLP holders, who were not required to have one, will affect drivers only as far as company policy, except getting the Hazmat endorsement.

 

In extreme cases, the FMCSA may disqualify drivers deemed to be an "imminent hazard", and remove them from the road.

 

Some circumstances will result in a lifetime disqualification from operating CMVs, with some being eligible for reinstatement after 10 years. A driver who uses a CMV in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance is disqualified for life with no possibility of reinstatement.

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CDL Driver Disqualification For Major Offenses:

Reinstatement after lifetime disqualification:

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A driver disqualified for life for major offenses listed below MAY be reinstated by the State after 10 years, provided that person has voluntarily entered and completed the appropriate state-approved rehabilitation program.

 

Any driver reinstated after a lifetime disqualification who is subsequently convicted of another major offense cannot be reinstated again.

 

If a CDL or CLP driver operates a motor vehicle and is convicted of:

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  • Being under the influence of alcohol as prescribed by State law.

  • Being under the influence of a controlled substance.

  • Having an alcohol concentration of 0.04 or greater while operating a CMV.

  • Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations

  • Leaving the scene of an accident.

  • Using the vehicle to commit a felony, other than a felony involving manufacturing, distributing, or dispensing a controlled substance.

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Disqualification from driving a CMV is as follows:

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  • 1 Year:

  • For the first conviction or test refusal while operating either a CMV or non-CMV.

  • 3 Years:

  • For the first conviction or test refusal while operating a CMV transporting hazardous materials.

  • Life, Eligible For Possible 10-Year Reinstatement:

  • For a second conviction or test refusal for a combination of any major offenses while operating either a CMV or non-CMV.

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If a CDL or CLP driver operates a commercial motor vehicle and is convicted of:

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  • Driving a CMV when, as a result of prior violations committed operating a CMV, the driver's CLP or CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV or,

  • Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle, and negligent homicide.

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Disqualification from driving a CMV is as follows:

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  • 1 Year:

  • For the first conviction or test refusal while operating a CMV.

  • 3 Years:

  • For the first conviction or test refusal while operating a CMV transporting hazardous materials.

  • Life, Eligible For Possible 10-Year Reinstatement:

  • For a second conviction or test refusal for a combination of any major offenses while operating a CMV.

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Lifetime Disqualification From Operating A CMV, With No Possibility Of Reinstatement:

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Any driver convicted of using either a CMV or a non-CMV in the commission of a felony involving manufacturing, distributing, or dispensing of a controlled substance will be permanently disqualified from operating a CMV for life, with no chance of being reinstated. Ever.

CDL Driver Disqualification For Serious Traffic Violations:

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If a CDL or CLP driver operates a motor vehicle and is convicted of:

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  • Speeding excessively involves any speed of 15 mph or more above the regulated or posted speed limit.

  • Driving recklessly, as defined by State or local law or regulation.

  • Making improper or erratic traffic lane changes.

  • Following the vehicle ahead too closely.

  • Violating State or local law relating to motor vehicle traffic control.

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Disqualification from driving a CMV is as follows:

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  • 60 Days:

  • For a second conviction of any serious traffic violations within 3 years in a CMV, or in a non-CMV that results in suspension or revocation of the driver's non-CMV license.

  • 120 Days:

  • For a third or subsequent conviction of any serious traffic violations within 3 years in a CMV, or in a non-CMV that results in suspension or revocation of the driver's non-CMV license.

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If a CDL or CLP driver operates a motor vehicle and is convicted of:

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  • Driving a CMV without obtaining a CLP or CDL.

  • Driving a CMV without a CLP or CDL in the driver's possession and failing to provide proof otherwise by court date.

  • Driving a CMV without the proper class of CLP or CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.

  • Violating a State or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a CMV

  • Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV.

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Disqualification from driving a CMV is as follows:

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  • 60 Days:

  • For a second conviction of any serious traffic violations within 3 years in a CMV.

  • 120 Days:

  • For a third or subsequent conviction of any serious traffic violations within 3 years in a CMV.

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CDL Driver Disqualification For Railroad-Highway Grade Crossing Offenses:

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Drivers can be disqualified if they are convicted of operating a CMV in violation of a Federal, State, or local law because:

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  • The driver is not required to always stop but fails to slow down and check that tracks are clear of an approaching train.

  • The driver is not required to always stop but fails to stop before reaching the crossing if the tracks are not clear.

  • The driver is always required to stop but fails to stop before driving onto the crossing.

  • The driver fails to have sufficient space to drive completely through the crossing without stopping.

  • The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing.

  • The driver fails to negotiate a crossing because of insufficient undercarriage clearance.

Violations involving railroad crossings all carry the same disqualification penalties for first, second, and subsequent offenses.

  • First conviction: At least 60 days disqualification from driving a CMV.

  • Second conviction, within 3 years: At least 120 days disqualification.

  • Third and subsequent convictions: At least one-year disqualification.

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CDL Driver Disqualification For Violations Of Out-Of-Service Orders:

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An out-of-service order stipulates that a CDL or CLP holder does not drive a commercial vehicle for a certain period, or until they are reinstated to service.

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In addition to disqualification, drivers who violate out-of-service orders will be fined a civil penalty of at least $2,500 for the first offense and $5,000 for any additional offenses.

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  • Violating a driver or vehicle out-of-service order while transporting nonhazardous materials:

    • First conviction: At least 180 days, up to a year disqualification from driving a CMV.

    • A second conviction within 10 years: At least 2 years, up to 5 years disqualification.

    • Third and subsequent convictions, within 10 years: At least 3 years, up to 5 years disqualification.

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  • Violating a driver or vehicle out-of-service order while transporting hazardous materials, or passenger vehicles designed to transport 16 or more passengers:

    • First conviction: At least 180 days, up to 2 years disqualification from driving a CMV.

    • A second conviction within 10 years: At least 3 years, up to 5 years disqualification.

    • Third conviction and more, within 10 years: At least 3 years, up to 5 years disqualification.

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Reinstating A CDL After Lifetime Disqualification 

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Disqualification can mean many different things for your CDL. Minor or first-time offenses may only result in temporary disqualification while other more severe offenses will result in a lifetime ban. Certain lifetime bans can be lifted after 10 years. This is referred to as a 10-year reinstatement. The reinstatement process varies based on several circumstances including your state and the severity of the infraction. 

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Reinstating A CDL After A DUI

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Driving under the influence while operating a commercial motor vehicle is a serious offense. Truck drivers with a blood alcohol level (BAC) over 0.04 will face a DUI charge. The first offense usually results in a one-year disqualification from operating a CMV. A second offense will often result in a lifetime revoking of your CDL. 

 

Some drivers can reinstate their CDL after a DUI by completing a court-approved rehabilitation program. This is very difficult to do. Often a revoked CDL from a second DUI offense is permanent. 

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CDL Reinstatement Varies By State

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Each state has laws for reinstating CDLs for disqualified drivers. The rules and standards on this must be addressed in the state you are looking to get your CDL reinstated in. Federal guidelines allow each state to consider reinstatements. However, some states like Georgia will not consider reinstating a CDL license with a lifetime disqualification for any reason. 

 

Effects Of Disqualifications On Drivers’ Medical Cards

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Some CDL disqualifications aren’t at the fault of the driver's actions like a DUI or accident. In some cases, CDLs are temporarily disqualified due to medical conditions. Most of these are not permanent disqualifications so long as the driver can get the condition under control to a point where the medical examiner no longer believes it will affect their ability to safely operate a CMV. 

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Exemptions

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Some medical conditions warrant an exemption from the DOT physical. In these cases, a doctor will provide an exemption to the driver if the doctor believes the condition will not affect the ability to safely operate a CMV. To get the exemption, the driver must apply to the FMCSA and await their decision before operating a CMV. 

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Disqualifying Conditions

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The DOT physical is a health examination where a qualified doctor assesses a driver to make sure they are physically fit to operate a CMV. This is an important part of the CDL application. Drivers must also complete a biannual physical to maintain their CDL. Here is a quick video going over what to expect from a DOT physical.

 

For the most part, the DOT physical is a quick health check. If you have pre-existing conditions, the doctor may want to investigate further. This is especially true for disqualifying conditions. Here are the most common medical conditions:

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Disqualifying Medications

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Most prescribed medications will not disqualify you from getting your CDL. There is no official banned medications list but there are some that will disqualify you. Any illegal or non-prescribed drug will disqualify you. Other medications include:

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  • Anti-seizure medication

  • Methadone

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Sight And Hearing Issues

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For obvious reasons, CMV operators must have adequate sight and hearing. This is a vital part of safely operating a large motor vehicle. The doctor will assess eyesight and hearing to make sure the driver is fit to operate a CMV. Drivers must have 20/40 vision in each eye and both eyes together. They must also demonstrate peripheral vision requirements and the ability to distinguish the colors of traffic lights and signs. 

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Epilepsy

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Epilepsy is a medical disqualification under FMCSA regulations. Drivers can apply for an exemption for this condition so long as they can properly demonstrate that their seizures are well maintained and under control. Similarly, those with conditions like vertigo and inner ear issues must also show the condition is under control and will not affect their driving ability. 

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Hypertension and Diabetes

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Hypertension and diabetes are some of the most common medical conditions affecting truck drivers. These conditions don’t warrant a disqualification if they are under control and being treated. However, some more severe cases like Stage 3 Hypertension will disqualify drivers until they get their blood pressure down. 

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