DOUBLE EDGED SWORD

Mile Marker #14

To hold a CDL (Commercial Driver's License ) is a privilege. The laws and requirements have changed drastically. The biggest changes came after the horrific 911 tragedy. Stricter driver requirements came into play to help secure the trucking industry from any future attacks. You can imagine the disaster that could be caused by using a tractor/trailer as a weapon. These new rules and regulations seem troublesome for some drivers, but these new guidelines are a crucial step to help fight terrorism. On the other hand, the new requirements single out such people as "Dead Beat" parents or felons. Finger printing is one of the new changes. In order to obtain or posses a CDL, a driver now has to get finger printed. Eventually, they will know your true identity and know exactly who is driving every commercial vehicle. Problems could occur going through this process, if a driver doesn't meet the new criteria. Unfortunately in our time of much needed drivers, this will eliminate a selected few.

For a new driver, the process of obtaining a CDL may seem overwhelming. Therefor, they may overlook the differences between a regular license versus a CDL. The consequences for violations are more severe for a driver that holds a CDL.

Below, I have a list of violations and how it effects a CDL license. They are pretty much expecting you to be a professional driver, whether it be in a commercial vehicle or a personal automobile. The list applies to everyone that holds a CDL. If a person commits one of these listed violations in a car, it doesn't matter, the consequences are the same. You might think that some rules wouldn't come into play, because most trucks are governed for 60-70 mph. But in some cases, exceeding 15 mph over the speed limit in a automobile can quite easily be done. It's a double edged sword! Also, violation points a driver is issued to his/her CDL, creates problems with personal insurance premiums. The points for a speeding ticket in a commercial vehicle, will now be applied to your automobile insurance. Receiving a speeding ticket in a personal vehicle will also affect a person's driving record for their employer. It might seem that the system is unfair, but these are the expectations of a professional driver. You are required to drive and act like a professional at all times.

A driver with a Class A, B, or C Commercial Driver License (CDL) is automatically licensed to operate both commercial and private (noncommercial) motor vehicles using one driver license.

However, if the driver commits an offense that requires the suspension or revocation of his/her driver license, the driver will lose all driving privileges, including commercial driving privileges.
A CDL holder, whose license is suspended or revoked cannot drive any CMV during the period of suspension or revocation. The CDL holder can only apply for limited driving privileges to operate private (noncommercial) vehicles.

What are some of the offenses that require the suspension or revocation of any driver license?
Accumulation of points for traffic offenses occurring while operating any vehicle, such as speeding, careless driving, driving while intoxicated.
Driving any motor vehicle with a .08% or more Blood Alcohol Content (BAC), or if under 21 years old driving with a .02% or more BAC (administrative suspension/revocation).
Driving without insurance (administrative suspension).
Refusal to submit to chemical testing when requested to do so by law enforcement (one year administrative revocation).
Court-ordered suspension or revocation of license for a drug or alcohol related offense (Abuse and Lose administrative action against license).

Point System

8 points in 18 months
1st suspension - 30 days, 2nd suspension - 60 days, 3rd or more suspensions - 90 days

12 points in 12 months, 18 points in 24 months, or 24 points in 36 months
License revoked for 1 year

Examples of violation point system:

Drive While Disqualified - 2 points
Excessive Speeding - 3 points
Failure to Keep Right - 2 points
Failure/Improper Signal - 2 points
Following Too Close - 2 points
Improper Lane - 2 points
No Commercial Driver License - 2 points

Commercial Driver's Driving Record History
A commercial driver's driving history travels with the driver when he or she moves from state to state. A driver's history, prior to coming to Missouri, is shown on the Missouri driving record under "Informational Driving History." If serious or disqualifying traffic offenses are contained in the informational driving history and additional offenses are committed while licensed as a Missouri driver, all offenses in the informational driving history and the current offenses are used (evaluated) to determine if a disqualification of the commercial driving privilege is required.
Disqualification or Out-of-Service
A disqualification or out-of-service order is a loss of only commercial driving privileges for a specified period of time. During a disqualification or period of out-of-service, if the driver is not otherwise suspended or revoked, he or she can continue to drive private (noncommercial) motor vehicles without obtaining limited driving privileges.
A driver may be disqualified for the following convictions in this or any other state:
60 Days Disqualification
Two serious traffic convictions within three years if person is a CDL holder or if person is operating a CMV. Note: The three-year period will be based on violation date rather than conviction date. Serious traffic convictions include reckless driving, speeding 15 mph or more above the speed limit, improper or erratic lane changes, following too closely, and any moving violation relating to a fatal crash. Serious traffic convictions also include driving a CMV without obtaining a CDL, driving a CMV without CDL in possession, and driving a CMV without proper class of CDL or endorsement/ restrictions.
One railroad-highway grade crossing violation while person is operating a CMV.
90 Days Disqualification
First traffic conviction for violating an out-of-service order while person is operating a CMV.
120 Days Disqualification
Three or more serious traffic convictions within three years if person is a CDL holder or if person is operating a CMV. Note: The three-year period will be based on violation date rather than conviction date. Serious traffic convictions include reckless driving, speeding 15 mph or more above the speed limit, improper or erratic lane changes, following too closely, and any moving violation relating to a fatal crash. Serious traffic convictions also include driving a CMV without obtaining a CDL, driving a CMV without CDL in possession, and driving a CMV without proper class of CDL or endorsement/restrictions.
Second railroad/highway grade crossing violation while person is operating a CMV.
180 Days Disqualification
First traffic conviction for violating an out-of-service order while operating a CMV and transporting hazardous materials or transporting 15 passengers or more.
1 Year Disqualification
Driving a CMV with a BAC of 0.04% or higher.
Driving while under the influence of alcohol or drugs if the person is a CDL holder or if person is operating a CMV.
Refusing blood and/or breath test if the person is a CDL holder or if person is operating a CMV.
Failing to stop at the scene of an accident if the accident causes injury or death.
Using a CMV to commit a felony.
Driving a CMV with a revoked, suspended, canceled, or disqualified privilege.
Causing a fatality through the negligent or criminal operation of a CMV (includes the crimes of motor vehicle manslaughter, homicide by motor vehicle, and negligent homicide).
Making a false statement on any application for a CDL.
Second traffic conviction within ten years for driving a CMV while out-of- service.
Third or subsequent railroad-highway grade crossing violation within three years while operating a CMV.
3 Year Disqualification
First conviction for any one of the top seven violations listed under one-year disqualification while transporting hazardous materials.
Third or subsequent conviction within ten years for violating out-of-service orders while operating a CMV.
Second or subsequent conviction within ten years for violating an out-of-service order while operating a CMV and transporting hazardous materials or transporting 15 passengers or more.
Lifetime Disqualification
Second conviction for any one of the top seven violations listed under one-year disqualification.
Permanent Disqualification
First conviction for using a motor vehicle in the manufacture or illegal distribution of drugs.
Imminent Hazard Disqualification (not to exceed one year)
Determination by the Federal Motor Carrier Safety Administration that a person's driving constitutes an imminent hazard.

This listed violation section is taken from the DMV.Org website.

For further information on this topic, please visit http://www.dmv.org/

Please drive and act like a professional at all times.