CDL Disqualifications for Traffic Offenses
MAJOR OFFENSES
Federal Description |
Pennsylvania
Code Section |
Vehicle Type |
Length of Disqualification
for First Offense |
|
Driving under the influence of alcohol or controlled substance |
3731(i)
3802 |
Commercial Motor Vehicle or Personal Vehicle |
1 year
3 years with Hazmat |
|
Refusing to submit to chemical testing |
1813
1547 |
Commercial Motor Vehicle or Personal Vehicle |
1 year
3 years with Hazmat |
|
Leaving the scene of an accident |
3743
3745 |
Commercial Motor Vehicle or Personal Vehicle |
1 year
3 years with Hazmat |
|
Using a motor vehicle to commit a felony |
Various Crimes Code Offenses |
Commercial Motor Vehicle or Personal Vehicle |
1 year
3 years with Hazmat |
|
Using a vehicle in the commission of a felony involving manufacturing,
distributing, or dispensing a controlled substance
|
13a 10, 13a 14,
13a 19, 13a 30
13a 36 |
Commercial Motor Vehicle or Personal Vehicle |
Lifetime |
|
Driving a commercial motor vehicle while the driver’s
commercial driver’s license is revoked, suspended, cancelled,
or disqualified
|
1806(c)(1)
1543(a) (b) |
Commercial Motor Vehicle, Only |
1 year
3 years with Hazmat |
|
Causing a fatality through the negligent operation of a commercial
motor vehicle |
3742, 3735
2503, 2504 |
Commercial Motor Vehicle, Only |
1 year
3 years with Hazmat |
Note: A driver will lose his commercial vehicle license for life if
convicted two ore more times of driving while under the influence.
Drivers have a right to a hearing, and subsequent appeal of a disqualification.
The licensing bureau can determine if a person is eligible to have
their commercial driver's license reinstated after a period of ten
years as long as certain conditions are present. However, should
the reinstated driver be convicted of a similar offense, he will
permanently lose his license with no hope of reinstatement.
AMAZINGLY, SUSPENSIONS APPLY TO ANYONE WHO HAS A CDL, EVEN IF THEY
ARE ARRESTED WHILE DRIVING THEIR PERSONAL VEHICLE!!!
A commercial motor vehicle driver arrested for DWI can face end of
livelihood and career--it is essential to hire an experienced attorney
as soon as possible.
SERIOUS TRAFFIC OFFENSES
Federal Description
|
Pennsylvania Code Section |
Vehicle Type |
|
Exceeding maximum speed limit of 15 mph or more |
3362, 3385(b), 3385(c) |
Commercial Motor Vehicle
Personal Vehicle (only if the violation occurred in a work
or school zone) |
|
Driving recklessly as defined by state or local law |
3736 |
Commercial Motor Vehicle or Personal Vehicle |
|
Making improper or erratic traffic lane changes |
3304, 3305, 3306 (a)(1), 3306 (a)(2), 3308 (a)(3), 3307, 3309
(1), 3309 (2), 3309 (4) |
Commercial Motor Vehicle |
|
Following the vehicle ahead too closely |
3310 |
Commercial Motor Vehicle |
|
Duty of driver in construction and maintenance areas or on
highway safety corridors (a serious traffic offense/violation
under Pennsylvania law)
|
3328 |
Commercial Motor Vehicle |
|
Violating state or local law relating to motor vehicle traffic
control arising in connection with a fatal accident |
3714(b)
All other moving violations |
Commercial Motor Vehicle or Personal Vehicle
Commercial Motor Vehicle, only |
|
Driving a commercial motor vehicle without obtain a commercial
driver’s license, driving a commercial motor vehicle
without a proper commercial driver’s license in the driver’s
possession, driving a commercial motor vehicle without the
proper class and/or endorsements |
1806(a)
1501(a) |
Commercial Motor Vehicle |
RAILROAD-HIGHWAY GRADE CROSSING OFFENSES
Federal Description |
Pennsylvania Code
Section |
Vehicle Type |
|
This driver is not required to always stop, but fails to slow
down and check that tracks are clear of an approaching train.
|
3342 (g) |
Commercial Motor Vehicle |
|
The driver is not required to stop, but fails to stop before
reaching the crossing, if the tracks are not clear.
|
3342 (g) |
Commercial Motor Vehicle |
|
The driver is always required to stop, but fails to stop before
driving onto crossing.
|
3342 (a), 3342 (e) |
Commercial Motor Vehicle |
|
The driver fails to have sufficient space to drive completely
through the crossing without stopping.
|
3341(b)(2), 3342 (b) |
Commercial Motor Vehicle |
|
The driver fails to obey a traffic control device or the direction
of an enforcement official at the crossing.
|
3341(a), 3341 (b)(1) |
Commercial Motor Vehicle |
|
The driver fails to negotiate a crossing because of insufficient
undercarriage clearance. |
3343 (a), 3343 (c), 3343 (d), |
Commercial Motor Vehicle |
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Margiotti & Mittman, Attorneys at Law
593 Bethlehem Pike
Montgomeryville, PA 18936-9709, US
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