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Jason R. Schultz P.C

Actions That May Lead to CDL Disqualification


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9/9/2013
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The responsibility given to truckers and the companies who employ them is a huge one. It takes special skills to safely operate a commercial vehicle, which is why proper training and licensing is required.

Drivers who commit certain offenses can be disqualified from operation of a commercial vehicle. It may also result in legal action against the driver and/or the driver’s employer if the trucker caused an accident resulting injuries.

Offenses and Violations That Can Result in a Disqualification of CDL

A major violation always results in the disqualification of a commercial driver’s license (CDL). It is for a minimum of one year but can turn into three years if the driver was transporting hazardous materials. It is a lifetime disqualification when a driver commits two major violations.

The following are examples of major violations when operating a tractor-trailer:

  • impairment (alcohol, controlled substance);
  • refusal to take a blood alcohol test;
  • hit and run;
  • committing a felony with the truck;
  • driving on a canceled, revoked or suspended CDL; and
  • if the driver’s negligence causes a fatality.

A serious violation only leads to a disqualification upon a second offense. If it occurred within three years of the prior violation, disqualification is for 60 days. If it’s a third offense within three years, it’s a 120-day disqualification.

The following are examples of serious violations when operating a tractor-trailer:

  • reckless driving;
  • driving without obtaining a CDL (or having one but not in the driver’s possession);
  • speeding 15 miles per hour or more over posted limit;
  • violating local/state traffic laws in connection with fatal crash;
  • tailgating; and
  • improper/erratic lane change.

Many of these violations pose serious risk of injury or death to others who share the road. This is why it’s critical that prior to driving a large truck, a driver meets all truck training requirements. It is also the employer’s responsibility to make sure the driver has met these requirements before hiring so as to avoid the risk of taking on a dangerous driver.

Contact Jason R. Schultz for assistance with a truck accident case. Call us today at 404-474-0804.



Category: Truck Accidents


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