Disqualification Of CDL In Georgia State

Certain disqualifying events for a CDL driver are specified in the CDL requirements. While the USDOT interprets the regulations to mean that only the FMCSA or the State or jurisdiction that issued a CDL may disqualify a driver, this does not mean that a motor carrier with the knowledge that a driver has been cited for DUI while driving a truck is free to disregard that fact.

Instances That Leads To Disqualification

There are prescribed periods of disqualification for certain types of offenses, and a motor carrier that returns a driver to service after a period of disqualification arguably must monitor that driver more closely. Knowledge of the disqualifying events defined in the regulations may prompt questions for the motor carrier representative during a deposition for which he has not been prepared, and counsel may wish to have him agree that the motor carrier will take a driver off the road once it learns of a serious charge, even if it has not been put on notice of a formal conviction.

Alcohol-Related Accident and Felony

Driving a CMV with a blood alcohol concentration (BAC) of 0.04 percent or higher is illegal. If you operate a CMV, you are deemed to have consented to alcohol testing.
  • For a first offense, you will lose your CDL for at least one year if you:
    • Driving a commercial motor vehicle if your blood alcohol concentration is.04 percent or higher.
    • Driving a commercial vehicle while under the influence of alcohol.
    • Refusing to submit to a blood-alcohol test.
    • Driving a commercial motor vehicle while under the influence of a controlled substance.
    • Leaving the scene of a collision involving a commercial motor vehicle.
    • Committing a felony while operating a CMV.
    • Driving a commercial vehicle while your CDL is suspended.
    • Accidentally killing someone while driving a commercial motor vehicle.
  • If you commit the offense while driving a CMV placarded for hazardous materials, you will lose your CDL for at least three years.
  • A second offense will result in the loss of your CDL for life.
  • If you use a CMV to commit a felony involving controlled substances, you will lose your CDL for life.
  • If you have any detectable amount of alcohol under.04 percent, you will be suspended for 24 hours.

Serious Traffic Violations

When operating a commercial motor vehicle or, unless otherwise specified, a non-commercial vehicle, a serious traffic violation is defined as a conviction of any of the following offenses or a conviction of any law or ordinance equivalent to it in this state, any other state, or any foreign jurisdiction: Excessive speeding (15 mph or more above the posted limit), reckless driving, improper or erratic lane changes, following a vehicle too closely, traffic offenses committed in a CMV in connection with fatal traffic accidents, driving a CMV without obtaining or possessing a CDL, and driving a CMV without the proper class of CDL and endorsements are all serious traffic violations. You will be stripped of your CDL:
  • If you have two serious traffic violations within three years, you will be imprisoned for 60 days.
  • If convicted of a third or subsequent serious traffic violation, you will be imprisoned for 120 days.

Out-of-Service Orders

You will be stripped of your CDL:
  • If this is your first violation of an out-of-service order, you will be suspended for at least 180 days.
  • For at least two years, if you violated two out-of-service orders in separate incidents.
  • If you have violated an out-of-service order three times or more for at least three years.

Crossing Violations

You will be stripped of your CDL:
  • For at least 60 days if this is your first offense.
  • For at least 120 days for your second offense within three years.
  • If you commit a third offense within three years, for at least one year.
These violations include breaking a federal, state, or local law or regulation relating to one of the six offenses listed below at a railroad-highway grade crossing:
  • Failure to stop before crossing if the tracks are not clear for drivers who are not required to stop at all times.
  • Failure of drivers who are not required always stops to slow down and check that the tracks are clear of an approaching train.
  • Failure to stop before entering the crossing for drivers who must always stop.
  • All drivers do not have enough room to pass through the crossing without stopping.
  • All drivers fail to obey a traffic control device or a crossing enforcement official's directions.
  • Any driver who cannot cross a bridge due to inadequate undercarriage clearance.

Hazardous Material Endorsement Check

If you need a hazardous materials endorsement, you must submit your fingerprints and undergo a background check. If you do any of the following, you will be denied or lose your hazardous materials endorsement:
  • They are not legally admitted permanent residents of the United States.
  • Resign your citizenship in the United States.
  • Are wanted or charged with certain felonies.
  • Have a conviction for certain felonies in military or civilian court.
  • Be mentally defective or committed to a mental institution.
  • According to the Transportation Security Administration, they pose a security risk.
Background check procedures differ from one jurisdiction to the next. Your licensing agency will provide you with the necessary information to complete the TSA background check procedures.

Traffic Violations

The Motor Carrier Safety Improvement Act (MCSIA) of 1999 requires a CDL holder who has been convicted of certain types of moving violations in their vehicle to be disqualified from operating a commercial motor vehicle. If your vehicle driving privileges are revoked, canceled, or suspended for violations of traffic control laws (other than parking violations), you will also lose your CDL driving privileges. You will lose your CDL for one year if your privilege to operate your vehicle is revoked, canceled, or suspended due to alcohol, controlled substances, or felony violations. If you are convicted of a second violation while driving your vehicle or a commercial motor vehicle, you will lose your CDL. If your vehicle license is revoked, canceled, or suspended, you cannot obtain a "hardship" license to operate a CMV.

Major Traffic Violations

Suppose you are convicted of any of the following offenses while operating a commercial motor vehicle or, unless otherwise specified, a non-commercial motor vehicle. In that case, you will be barred from driving a CMV for at least one year:
  • Driving while intoxicated in violation of Code Section 40-6-391.
  • Failure to report striking an unattended vehicle, failing to report striking a fixed object, or failing to report an accident.
  • Any felony committed with the use of a motor vehicle.
  • Driving a commercial motor vehicle while a commercial driver's license or driving privilege has been revoked, suspended, canceled, or disqualified.
  • Vehicle homicide.
  • Street racing or highway racing
  • Using a vehicle to flee or attempt to elude an officer.
  • Use or application for a license that is fraudulent or fictitious.
  • Driving a car with a revoked, canceled, or suspended registration.
  • Theft of a vehicle used for commercial cargo transportation, or any appurtenance to it, or the cargo being transported in or on it.
  • Refusing to submit to a chemical test administered by the state as requested by a law enforcement officer.
If you commit one of the above offenses while driving a CMV placarded for hazardous materials, you will be barred from driving for at least three years. Suppose you are convicted of a second or subsequent major traffic violation or such violations from the list above. In that case, you will be barred from driving a commercial motor vehicle.

The Countermeasure

To have the disqualification lifted, the driver must submit:
  • CDL Restoration Fee: $210 non-refundable
  • A certified seven (7) year Georgia motor vehicle report (MVR) dated within 30 days of the applicant demonstrating the last five years of offense-free driving.
  • Suppose the disqualification was based on an alcohol-related offense. In that case, the driver must provide a drug and alcohol evaluation dated within 90 days of the application, demonstrating that no substance abuse treatment is required.
  • If the disqualification was not the result of an alcohol-related offense, a certificate of completion of a defensive driving clinic completed within 90 days of the application is required.
  • A valid USDOT medical certificate