Whether you drive for a carrier or run your own business, your commercial driver’s license (CDL) is your most valuable commodity. Without it, you can’t earn a living. This is why you must take extra care to avoid moving violations. Each violation not only threatens safety but can also lead to the suspension or permanent loss of your CDL.
You may think one citation is no big deal. But with every CDL violation, you accumulate points that could eventually lead to your CDL license being suspended. The cost of losing your license could far outweigh a few hundred dollars in fines.
In this blog, we’ll look at the top trucking violations that affect your CDL, and why it’s so important to consider legal support like Interstate Trucker to help fight moving violations that can have a lasting impact on your CDL and your career.
Serious Violations vs. Major Violations and CDL Impact
First, it is important to understand that there is a difference between a “serious” violation and a “major” violation in the trucking industry, both of which can impact your CDL and eventually disqualify you from operating a commercial motor vehicle (CMV). If you get two serious violations in a three-year period, such as following too closely and excessive speeding, you can lose your license for 60 days. If you get three serious violations in a three-year period, it’s a 120-day disqualification.
Here are just a few examples of serious violations according to the Federal Motor Carrier Safety Administration (FMCSA):
- Operating your vehicle without your proper CDL documentation
- Excessive speeding (15 or more miles per hour over the speed limit)
- Distracted driving (such as texting or using a handheld mobile telephone)
- Following the vehicle ahead too closely
- Any traffic violations that prove fatal
Major violations are more severe; a single violation means a one-year suspension of your CDL, and it can be longer, depending on the severity of the offense. Some of these major offenses include:
- Driving under the influence of alcohol and/or a controlled substance
- Refusing to take an alcohol or chemical test
- Leaving the scene of an accident
- Negligently causing a CMV-related fatality
- Driving a CMV while revoked, suspended, canceled, or disqualified as a result of prior violations committed while operating a CMV
10 Top Trucking Violations That Can Impact a CDL
Here are some of the most common top trucking violations (serious and major) that cause drivers to risk losing their CDL. If you are cited for any of these violations, it is important that you never try to handle the situation alone. There are legal services that can help you fight a moving violation, such as the CDL lawyers and trucking industry legal team at Interstate Trucker.
1. Excessive Speeding
As we noted earlier, excessive speeding is defined as driving 15 or more miles per hour over the posted legal speed limit (considered a serious moving violation). Even if you don’t get an excessive speeding violation, each speeding ticket adds points to your CDL record, which increases your risk of disqualification.
CDL point systems vary by state, but here’s a typical point system for speeding tickets:
- Minor speeding (1–10 MPH above the limit): 2 to 3 points
- 11–20 MPH above the speed limit: 4 points
- 21–30 MPH above the limit: 6 points
- 31–40 MPH above the limit: 8 points
2. Reckless Driving
Any truck driving that includes aggressive lane changes, weaving, or endangering other road users is considered reckless driving. In some states, excessive speeding is considered reckless driving.
As we noted earlier, if you get two excessive speeding tickets (considered serious offenses), your license can be suspended. And an excessive speeding ticket or other reckless driving offense can drastically increase your insurance rates.
3. Following Too Closely
Also known as tailgating, failing to maintain a sufficient distance from vehicles ahead is considered a serious moving violation. Maintaining proper distance is critical for operating a CMV because stopping distances for commercial trucks are much longer than those of other types of vehicles.
For example, if you are driving below 40 mph, you should leave at least one second for every 10 feet of vehicle length. For a typical tractor-trailer, this results in 4 seconds between you and the leading vehicle. For speeds over 40 mph, you should leave one additional second. In crashes involving a CMV, large trucks most often hit the vehicle in front of them, according to the FMCSA.
4. Improper or Erratic Lane Changes
CDL educators and trucking schools recommend practicing lane discipline to avoid any unnecessary lane changes that can increase the risk of an accident. Shifting lanes without signaling, weaving, or unsafe merging are all considered an improper lane change (considered a serious offense).
Not signaling is one of the most common and easily avoidable mistakes for truck drivers. Your signal alerts other drivers and road users that you intend to change lanes. By signaling, you give other drivers time to give you some space so you can switch from one lane to another safely.
5. Failure to Yield Right of Way
Examples of failing to yield the right of way include failing to stop at stop signs and/or remaining stopped until the driver with the right of way is clear of traffic. Many state laws cite failure to yield the right of way as a moving violation, so a truck driver who causes an accident in this manner could be liable for any damages or personal injury, as well as putting their CDL at risk.
For example, turning left at an intersection without yielding the right-of-way to vehicles approaching from the opposite direction can obstruct other vehicles’ paths and cause a collision. Making a right lane turn without yielding the right of way (moving too much into the left lane) can also result in a crash.
6. Leaving the Scene of an Accident
As we noted earlier, leaving the scene of an accident is a major offense, which can result in an automatic CDL suspension and disqualify you from operating a CMV for at least a year. Big rig drivers are especially at risk for this type of moving violation because they may not realize their rear tires impacted another vehicle when turning.
If you’re cited for leaving the scene of an accident, it is critically important to reach out to a trucking law firm for drivers, who can mount a defense and help you protect your legal rights — and your CDL — from a situation where you legally may not have been at fault.
7. Driving Under the Influence (DUI/DWI)
While the blood alcohol limit (BAC) is .08% in most states, a CDL driver can receive a DUI or DWI for a BAC of .04%. This means you can be charged for driving under the influence after a single beer and automatically prohibited from operating your truck for 24 hours. It’s a major offense, which means losing your CDL for at least a year. Plus, it’s mandatory jail time in some states, such as Arizona, Georgia, and Tennessee, if you are found guilty.
According to FMCSA regulations, a commercial driver may not use alcohol within four hours of going on duty or operating a commercial vehicle. Drivers can’t possess alcohol in the cab, and any driver who appears to have consumed alcohol in the past four hours must be placed off duty for 24 hours.
8. Operating a CMV Without a Valid CDL
It should come as no surprise that driving your CMV without a valid CDL is considered a serious offense. Operating a CMV without ever having been issued a CDL can result in up to six months of jail time. If you’re caught driving a CMV with a revoked, suspended, or disqualified CDL due to a prior violation, you are likely going to lose your license for longer than the minimum year.
9. Railroad Crossing Violations
If you fail to stop, check for trains, or adhere to railroad crossing procedures at a railroad crossing, you are at risk for a 60-day to one-year suspension of your CDL. While railroad crossing violations are not specified by the FMCSA as a disqualifying offense, they are heavily penalized due to the obvious high-risk consequences.
10. Distracted Driving
Any use of handheld devices, texting, or other distractions while operating a CMV is considered “distracted driving” and is a serious moving violation. This includes talking on a cell phone and texting.
Truck drivers can face a penalty of up to $2,750 for distracted driving offenses, and their employers may even have to pay a fine, which can be as high as $11,000 per violation. And of course, as a serious offense, multiple distracted driving convictions can mean risking your CDL.
Don’t Face a Moving Violation Alone
Any moving violation (serious or major) can threaten your truck driving career. Even violations that seem like minor offenses can add up to the loss of your CDL and disqualify you from operating your CMV. Don’t risk it. Your very livelihood depends on your ability to keep your rig moving.
Legal services such as Interstate Trucker have nationwide networks of attorneys experienced in CDL defense. They can represent you in any state, negotiate on your behalf, and work to protect your license and livelihood.
This includes specialized legal services designed for CDL drivers, including:
- Free initial consultation to assess your case
- Representation in court, including out-of-state citations
- Strategies to reduce or dismiss violations
- Assistance in protecting your employment status and insurance rates
Learn more about how to fight a moving violation and protect your future by visiting Interstate Trucker or call 1-800-333-DRIVE to speak with a legal specialist today.
