IT PAYS TO BE SAFE

No. 19, May, 2010
Disqualifications of Drivers for Serious Traffic Violations

Last week, It Pays to be Safe dealt with disqualification penalties for drivers that commit "major offenses" as defined by the Federal Motor Carrier Safety Act. This week's issue concerns the less severe penalties for being disqualified for committing "serious traffic violations."

It should be pointed out that disqualifying offenses discussed last week, as well as in this issue, can be attributable to a driver whether they are committed in a commercial vehicle or non-commercial vehicle. In other words, all violations count, regardless of what vehicle a driver is operating. Unlike major offenses, the penalties for committing serious traffic violations don't kick in until the second conviction. A driver gets "one free pass" before they are disqualified for committing serious violations.

Serious violations consist of convictions for speeding in excess of 15 miles over the posted speed limit, driving recklessly as defined by local law making improper or erratic traffic lane changes, following the vehicle ahead too closely (tailgating), violating local law relating to traffic control in connection with a fatal accident, driving a CMV without first obtaining a CDL, driving a CMV without a CDL in a driver's possession, and driving a CMV without the proper class of CDL and/or endorsements for the vehicle group being operated or for the passengers or type of cargo being transported.

If a driver receives a second conviction for a serious traffic offense within a three-year period from the first conviction, while operating a CMV, they are disqualified for 60 days. The period of disqualification is the same if the offense occurs while the driver is operating a non-CMV, and the conviction results in the revocation, cancellation or suspension of the CDL holder's license or non-CMV driving privileges. If the driver commits a third, or subsequent, serious traffic offense within a three-year period, the driver is suspended for 120 days.

The only exception to the disqualification criteria is that if a driver is convicted of driving a CMV without a CDL in their possession, the conviction does not count if the driver provided proof to the enforcement authority that issued the citation that they held a valid CDL on the date the citation was issued.

Multiple convictions for committing serious traffic violations affects your income right away since you can't drive, and also affects drivers long-term as future potential employers might simply shy away from hiring someone with that type of driving history. Knowing what constitutes a serious traffic violation will hopefully help prevent a driver from committing one in the first place.