→Disqualification = a driver may not operate a CMV
→Suspension or revocation = a driver may not operate any vehicle, passenger or CMV

Serious Violations (Commercial Motor Vehicle, aka CMV)

• Reckless driving
• Passing violations
• Driving a CMV without having a Commercial Driver’s License (CDL)*
• Driving a CMV without your CDL in your possession
• Driving a CMV without the proper CDL endorsement or class
• Excessive speeding (15 mph or more over the posted speed limit)
• Improperly changing lanes
• Following another vehicle too closely
• Traffic violations resulting from a fatal accident

*Comes with a mandatory 60-day suspension of all legal ability to drive for any offense

A second offense in three years results in a 60-day disqualification (suspension, revocation, or cancellation). A third offense in three years raises that to 120 days of disqualification.

60-Day Suspension

• Driving a CMV without the proper CDL endorsement or class*
• Driving a CMV without having a Commercial Driver’s License (CDL)*
• Driving/operating a CMV while your license is disqualified**
• Driving/operating a CMV while suspended, disqualified, or revoked, not DUI-related**

*Also constitutes a serious violation and requires the period of disqualification indicated in that section.
**Also constitutes a major violation and requires the period of disqualification indicated in that section.

Major Violations—CMV

• Admin Per Se (ADM PER SE) 0.08 CMV/CDL
• ADM PER SE 0.10 CMV/CDL
• ADM PER SE .04-CMV
• Driving Under the Influence (DUI)
• DUI with a controlled substance
• DUI with a refusal to submit to a breathalyzer
• Using a vehicle to commit a crime at the felony level that is not drug-related
• Leaving the scene
• Negligent homicide
• Driving a CMV while canceled, revoked, suspended, or otherwise disqualified for an offense you committed while driving/operating a CMV
• Fatality you caused by negligently operating your CMV

The violations listed in this section can also cause a revocation or suspension of all legal ability to drive.

A first offense comes with a one-year disqualification if it was committed while driving/operating a CMV or a three-year disqualification if it was committed while driving/operating a CMV carrying hazardous materials (Hazmat).

A second, third, or subsequent offense comes with a lifetime disqualification if it was committed while driving/operating a CMV.

Major Violations—CMV & CDL

• Using a vehicle while committing a felony that involves the dispensing, distribution, or manufacture of any controlled substance

Any offense of this nature, first or otherwise, results in a disqualification for life if it was committed by the holder of a CDL in any personal vehicle, or while driving a CMV.

Major Violations—CDL

• Leaving the scene
• Using a vehicle to commit a non-drug-related felony
• DUI
• DUI with a controlled substance

A first offense results in a disqualification for one year. A second, third, or subsequent offense results in a disqualification for life if it’s committed by a person holding a CDL in any personal vehicle. This disqualification is added on to any revocation already given because of a conviction for the same offense.

Out-of-Service Violations/Non-Hazmat—CMV Only

• First offense results in a disqualification for 90 days
• Second offense in ten years results in a disqualification for one year
• Third or subsequent offense in ten years results in a disqualification for three years

Out-of-Service violation/16+ Passengers or Hazmat—CMV Only

• First offense results in a disqualification for 180 days
• Second offense in ten years results in a disqualification for three years
• Third or subsequent offense in ten years results in a disqualification for three years

Railroad Violations—CMV Only

• Failing to slow at railroad tracks
• Failing to stop when required
• Not enough clearance
• Failing to obey railroad control device
• Failing to stop when the tracks are not clear
• Not enough space to cross the tracks
• Not enough undercarriage to cross the tracks

A first offense results in a disqualification of 60 days if it was committed while driving a CMV. A second offense in a period of three years results in a disqualification of 120 days. A third or subsequent offense results in a disqualification of one year.

For more information, or to obtain a free consultation, call Sean Logue at Logue Law Group. 412.387.6901 or 412.387.6901. You may contact us online here. Logue Law Group serves Pittsburgh, PA, West Virginia, and Ohio.