A CDL can be lost for offenses committed in a personal car, not only in a truck, and the periods are set federally, not left to the state. 49 CFR 383.51 has four tables: major offenses, serious traffic violations, railroad crossing offenses and out-of-service violations. This page sets them out in plain form, with the rules on counting that decide whether an offense is a first or a second.
Three general rules first
- 383.51(a)(3): a CLP or CDL holder is subject to disqualification whether the offense happened in a CMV or a non-CMV, wherever the tables say so.
- 383.51(a)(4): each conviction from a separate incident counts, in either kind of vehicle, when deciding first and subsequent offenses.
- 383.51(a)(5): disqualification periods are added to earlier ones, not served at the same time.
"Conviction" is defined broadly in 383.5: it includes a guilty or no-contest plea, forfeiture of bail, and payment of a fine or court cost. Paying a ticket by mail is a conviction.
Major offenses (Table 1)
For a first conviction: 1 year, or 3 years if the driver was carrying placarded hazardous materials. For a second conviction in a separate incident, of any combination of these: life.
- being under the influence of alcohol as prescribed by state law;
- being under the influence of a controlled substance;
- an alcohol concentration of 0.04 or more while operating a CMV (CMV only);
- refusing an alcohol test under a state's implied consent law;
- leaving the scene of an accident;
- using the vehicle to commit a felony (other than those in 9 and 10);
- driving a CMV while the CDL is revoked, suspended or cancelled, or while disqualified, because of prior CMV violations (CMV only);
- causing a fatality through negligent operation of a CMV (CMV only).
Offenses 1, 2, 4, 5 and 6 apply in a personal vehicle too, with the same 1-year first period. Two further offenses carry life with no possibility of reinstatement on the first conviction: using a vehicle in a felony involving manufacturing, distributing or dispensing a controlled substance (9), and using a CMV in a felony involving severe forms of human trafficking (10).
383.51(a)(6): a state may reinstate a driver disqualified for life for offenses 1 to 8 after 10 years if the driver completes a state-approved rehabilitation programme. A second disqualifying offense after reinstatement is permanent.
Serious traffic violations (Table 2)
A single conviction does not disqualify. A second within 3 years, in separate incidents, brings 60 days; a third or later within 3 years brings 120 days. The violations:
- speeding 15 mph or more over the limit;
- reckless driving as defined by state or local law;
- improper or erratic lane changes;
- following too closely;
- a traffic control violation (other than parking) connected with a fatal accident;
- driving a CMV without a CLP or CDL, without it in your possession, or without the right class or endorsement;
- texting while driving a CMV;
- using a hand-held mobile phone while driving a CMV.
The first five apply in a personal vehicle too, but there only if the conviction leads to revocation, cancellation or suspension of the license. Footnote 1: a driver who shows the court, by the appearance or payment date, that a valid CDL was held on the day of a "not in possession" citation is not guilty of that offense. Footnote 2: for texting and phone use, "driving" includes being stopped in traffic or at a light, but not being pulled off the road where the vehicle can safely stay.
Railroad crossings (Table 3)
For a CMV driver convicted of failing to slow and check the tracks, failing to stop when the tracks are not clear, failing to stop where a stop is always required, stopping on the crossing for lack of space, disobeying a signal or official, or grounding on the crossing: no less than 60 days for the first, 120 days for a second within 3 years, and 1 year for a third.
Out-of-service orders (Table 4)
Driving in violation of a driver or vehicle out-of-service order: first conviction 180 days to 1 year; second within 10 years 2 to 5 years; third within 10 years 3 to 5 years. With hazardous materials or a vehicle designed for 16 or more passengers, the first becomes 180 days to 2 years and the second 3 to 5 years.
Employers
383.51(a)(2): an employer must not knowingly allow a disqualified driver to drive a CMV. This is one reason carriers run the annual driving record review required by Part 391.
What to take from the tables
- A DUI in your own car costs the CDL for a year, the same as in the truck.
- The CMV alcohol limit is 0.04, half the usual limit for cars.
- Two speeding tickets of 15 mph or more in three years, in any vehicle, can mean 60 days off the road if the car one leads to a suspension; in the truck, the second alone is enough.
- A hand-held phone ticket in the truck counts the same as speeding.