Guides / Serious violations and the CDL
Serious traffic violations and CDL disqualification
For most drivers a traffic ticket means a fine and maybe higher insurance. For a CDL holder, certain tickets can take away the right to drive a commercial vehicle. Federal rules list "serious traffic violations" and set out how many it takes to lose a CDL, and for how long. Knowing the list is the first step in protecting a career.
The serious traffic violations
Under 49 CFR 383.51, these count as serious traffic violations:
- Speeding 15 mph or more over the posted limit
- Reckless driving, as defined by state or local law
- Improper or erratic lane changes
- Following the vehicle ahead too closely
- A traffic-control violation connected to a fatal crash
- Driving a commercial vehicle without having obtained a CDL, without the CDL in your possession, or without the right class or endorsement
- Texting while driving a commercial vehicle
- Using a hand-held mobile phone while driving a commercial vehicle
How many it takes
| Convictions within 3 years | Disqualification |
|---|---|
| Two serious violations | At least 60 days |
| Three or more serious violations | At least 120 days |
Serious violations in a personal vehicle can count too, if the conviction leads to the loss of your driving privileges. Major offenses such as driving under the influence or leaving the scene of a crash are a separate list with much longer disqualifications.
No masking
In many states, a driver with a regular license can get a ticket deferred or reduced to keep it off their record. Federal rules forbid states from doing that for CDL holders. A state may not mask, defer or divert a CDL holder's conviction for a traffic violation, in any vehicle (49 CFR 384.226). A conviction in another state is reported to the driver's home state.
What this means in practice
- Do not just pay it. Paying a ticket is usually treated as a conviction. Before paying any moving violation, find out whether it is a serious violation and what it will do to your record.
- Contest it where it was written. The outcome is decided in the court that issued the citation. A CDL defense attorney who knows that court can sometimes get a dismissal, a reduction to a non-serious charge, or another result that protects the CDL.
- Watch your MVR. Check your motor vehicle record regularly so a conviction never surprises you during a job application.
- Correct the inspection record too. If a citation is dismissed, the matching violation on your inspection history can be challenged through DataQs.