COMMERCIAL DRIVERS LICENSE - CDL

LAWS CONCERNING DISQUALIFICATION

(Authority: 47 O.S. §6-205.2)


This synopsis is intended to give you a general overview of the types of violations that could result in the loss of a commercial license or the inability to obtain a commercial license. It should not be considered a substitute for seeking competent legal advise.


First, it should be noted under both Oklahoma law and Federal Regulations there are no hardship or work permits issued for a commercial driving privilege if your license is revoked, suspended, or disqualified . If your license is suspended, revoked, canceled or denied for any offense which would normally affect any persons license, (Class D license) you would also lose your commercial privilege along with your base privilege.


The following offenses apply only to violations by persons operating any class of commercial motor vehicle, and result in a conviction as determined by a court of law or by an administrative hearing with the Department of Public Safety. If you were previously licensed in another state your driving record in that state will be transmitted to Oklahoma and those violations could affect your driving privilege here in Oklahoma.


SERIOUS TRAFFIC OFFENSES

Two (2) convictions for any one or combination of the following violations in a commercial vehicle within a three (3) year period would disqualify your commercial license for sixty (60) days :

          1)       Speeding 15 mph or more over the limit

           2)       Reckless driving

          3)       Any traffic offense involving a fatality accident

          4)       Erratic or unsafe lane change

          5)       Following too close

          6)       Failure to obtain a commercial drivers license

          7)       Failure to have in possession a commercial drivers license

          8)       Failure to have the proper class license for vehicle operated

          9)       Failure to have the proper endorsement for the vehicle operated

          10)     Using a cellular telephone or electronic communication device to write, send, or read a text-based communication while the CMV is in motion.

Three (3) or more violations of any of the previous violations within three (3) years will result in a disqualification for (120) days.


Violation of an Out-of-Service Order

          1)       1st conviction - 90 day disqualification.

          2)       2nd conviction within 10 years - 1 year disqualification.

          3)       3rd or subsequent conviction within 10 years - 3 year disqualification.

 

Violation of Out-of-Service Order when transporting hazardous material, or operating vehicle designed to carry 15 or more passengers:

          1)       1st conviction - 1 year disqualification.

          2)       2nd or subsequent conviction within 10 years - 3 year disqualification.

 

Violation involving Railroad Crossing:

          1)       1st conviction - 60 day disqualification.

          2)       2ND conviction within 3 years - 1 year disqualification.

          3)       3rd conviction within 3 years - 3 year disqualification.


Determination by the Department that Fraudulent Information was used to apply for or obtain a class A, B, or C driver license will result in a sixty (60) day disqualification.


The following offenses apply only to violations by persons operating any class of commercial motor vehicle, or a commercial drivers license holder operating any vehicle, and which result in a conviction as determined by a court of law or by an administrative hearing with the Department of Public Safety. If you were previously licensed in another state your driving record in that state will be transmitted to Oklahoma and those violations could affect your driving privilege here in Oklahoma.


MAJOR VIOLATIONS

The first conviction for any of the following offenses will cause you to lose your commercial driving privilege for one (1) year:

          1)       Driving or being APC in a CMV with a blood alcohol level .04 or more.

          2)       Refusal to Submit to a chemical test

          3)       Driving or APC while under the influence of alcohol or other             intoxicants.

          4)       Hit and run accident

          5)       Any felony involving the use of a commercial vehicle

          6)       Operating a CMV while commercial driving privilege is revoked, suspended, canceled, denied, or disqualified.

          7)       Manslaughter homocide, or negligent homicide.

          8)       Fraud related to examination for or issuance of a commercial leaner permit or CDL.

          9)       Failure to submit to skills or knowledge reexamination for purpose of a CLP or CDL within thirty (30) days of receipt of notification from DPS.


The first conviction for any of the above offenses which involves a vehicle required to be placarded for hazardous materials will result in a three (3) year disqualification.


A second conviction for any of the above offenses will result in lifetime disqualification (irregardless of the time period between convictions).


DRUG RELATED VIOLATIONS

"The Department shall disqualify any person for life upon for any felony conviction related to the manufacture, distribution or dispensation of a controlled dangerous substance in the commission of which a Class A, B, or C commercial motor vehicle is used, ...".


REINSTATEMENT FROM DISQUALIFICATION

Reinstatement from disqualification does not require the payment of any fees. When the individual has completed the period of disqualification their driving privilege will be reinstated providing they are otherwise eligible.