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CDL-CMV Disqualifications in West Virginia

Logue Law Group Team

Identifications and explanations of traffic violations and what effects they will have on a driver’s privilege to operate a commercial motor vehicle.

→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) 612-2210 or (412) 612-2210. You may contact us online here. Logue Law Group serves Pittsburgh, PA, West Virginia, and Ohio.

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