A Discussion on Disqualification

Driver disqualification is a serious issue. A driver holding a commercial driver’s license (CDL), or commercial learner’s permit (CLP) can be disqualified from driving a commercial motor vehicle (CMV) if convicted of certain violations while driving any type of vehicle. This includes violations committed in a personal vehicle on personal time. It’s important that drivers understand the disqualification provisions, as certain actions and choices, whether on or off the job, can have an impact on an individual’s driving career.

Major offenses = disqualification

A driver is disqualified from operating a CMV if convicted of any of the following major offenses while driving any type of vehicle:

• Being under the influence of alcohol as prescribed by state law;
• Being under the influence of a controlled substance;
• Refusing to take an alcohol test as required by a state or jurisdiction under its implied consent laws or regulations;
• Leaving the scene of an accident;
• Using a vehicle to commit a felony; or
• Using a vehicle to commit a felony involving the manufacturing, distributing, or dispensing of a controlled substance.

TIP: Stress to drivers that their conduct in a personal vehicle is just as important as their conduct in a company vehicle. Just one conviction in any type of vehicle can keep a driver off the road for one year.

A driver is disqualified from operating a CMV if convicted of any of the following major offenses while driving a CMV:

• Having an alcohol concentration of 0.04 or greater;
• Driving a CMV when, as a result of prior violations committed while operating a CMV, the driver’s CDL or CLP is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV;
• Causing a fatality through the negligent operation of a CMV; or
• Committing a felony involving certain types of human trafficking.

Watch out for serious traffic violations

Serious traffic violations come with serious consequences. Examples of serious traffic violations include:

• Excessive speeding (15 miles per hour or more above the posted limit),
• Reckless driving,
• Making improper or erratic lane changes,
• Following the vehicle ahead too closely, or
• Violating a state or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident.

A driver is disqualified from operating a CMV if convicted of any two or more serious traffic violations while operating either a CMV and/or non-CMV. Two of these serious traffic violations within three years disqualifies the driver for 60 days; three serious violations within three years disqualifies the driver for 120 days.

TIP: Make sure drivers understand how the three-year timeline is determined. The State must use the date of conviction or a later date, rather than the offense date, as the basis for calculating the starting and ending dates for the driver disqualification period. The use of the conviction date or a later date ensures that the driver receives due process of law but still serves the full disqualification period.

A driver is disqualified from driving a CMV if convicted of any combination of two or more of the following serious traffic violations while operating a CMV:

• Driving a CMV without obtaining a CDL or CLP,
• Driving a CMV without a CDL or CLP in the driver’s possession,
• Driving a CMV without the proper class of CDL or CLP and/or endorsements for the specific vehicle group being operating or for the passengers or type of cargo being transported,
• Violating a state or local law or ordinance on motor vehicle traffic control prohibiting texting while driving, or
• Violating a local or state law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a handheld mobile telephone.

TIP: End the training with a question-and-answer session to fill in any missing gaps.

To view the full monthly newsletter click here: A Discussion on Disqualification – November 2025

Provided by J.J. Keller & Associates