What actions can result in a suspended CDL? Can a driver with a suspended license ever drive a large truck again? In the United States, there are more than a dozen actions that can cause a large truck driver to lose their CDL. When a driver loses their license, it is difficult for them to have it reinstated.
Reasons for CDL Suspension
Large truck drivers can have their license suspended for actions that occur while they are working and while they are driving their personal vehicle.
They can have their license suspended if they are involved in a hit-and-run accident. In 2015, there were 731,100 hit-and-run accidents in the United States. On a first violation only involving property damage, the license is suspended for 12 months. A second conviction results in permanent disqualification.
DUI can result in suspension. A CDL holder cannot operate a vehicle if they have a BAC of .04% or greater. This applies both on and off-duty. A first offense results in a 12 month suspension. If it occurs while transporting hazardous materials, the suspension is 36 months. A second conviction results in a lifetime disqualification. In 2017, 2.5% of large truck accidents involved a truck driver with a BAC of .08% or greater.
Negligent driving that results in a conviction for negligent homicide, homicide by motor vehicle, or vehicular manslaughter is grounds for disqualification under Part 383 of the FMCSA regulations. This includes all forms of negligent driving such as traveling too fast for conditions, fatigue, failure to repair mechanical problems, etc. Fatalities in large truck accidents is a growing concern. The number of fatalities in large truck accidents rose 40% between 2009 and 2017, and by 10% from 4,251 in 2016 to 4,657 in 2017.
Transport and use of the vehicle for the manufacturing or distribution of controlled substances can result in a CDL disqualification. A driver can have their licenses suspended for erratic lane changes or not having the appropriate CDL endorsement. Finally, grounds for receiving a suspended CDL include failing to follow railroad crossing rules and refusal of a blood alcohol test or violation of an out-of-service order.
Reinstatement of a CDL
A driver with a suspended CDL whose offense does not result in disqualification may have their license reinstated. The driver will need to retest and apply for a new license once the suspension period expires. In rare instances, it may be possible to have a license reinstated following court approved drug/alcohol rehabilitation.
Contact Brad Pistotnik Law at 1-800-241-BRAD or call us on our local line at 316-684-4400 to speak with a large truck accident lawyer. We represent clients pursuing claims for personal injuries and wrongful deaths in Kansas, Nebraska, Missouri, or Texas. We give emergency legal consultations on weekends, holidays and at night. You can call Brad Pistotnik on his cell at 316-706-5020. You can reach Tony Atterbury on his cell at 316-617-9237.