A commercial truck driver of an 18-wheeler truck must have a Class A Commercial Driver’s License (CDL). The truck is considered a Commercial Motor Vehicle (CMV) and falls under the federal Commercial Motor Vehicle Safety Act of 1986. This act allows a state to issue truck driver’s licenses with an individual state’s criteria, but it also requires minimum federal standards for all states which license CMV drivers.

The act also requires states to apply testing and licensing standards to commercial truck drivers in order to verify they have knowledge and skills to operate a commercial vehicle, or they risk a suspended license and being designated a disqualified driver. A separate federal license is not required. Drivers involved in intrastate, interstate or foreign commerce must comply.

New Requirements Added for Truck Drivers

In 2001, the Patriot Act added new requirements for CDL holders who transport hazardous materials. In 2002, the Federal Motor Carrier Safety Administration (FMCSA) outlined further guidelines which must be followed by commercial drivers to avoid disqualification.

Millions of drivers have qualified for a CDL, and thousands of them have been disqualified from driving large commercial vehicles. Disqualification can be for many reasons and take many forms. In Texas, it can include disqualification for one year after one conviction or up to life after two convictions for:

• Being under the influence of alcohol or other drugs.
• Refusing an alcohol test.
• Committing a felony while using a vehicle.
• Leaving an accident scene. Leaving an accident scene.
• Causing a fatality by negligent operation of a commercial vehicle.

Also in Texas, a CDL can be disqualified for 60-120 days based on two or more convictions for serious traffic violations in any type of vehicle within a three-year period. Such convictions include:

• Driving recklessly.
• Speeding more than 15 mph over the posted limit.
• Following another vehicle too closely.
• Making erratic or otherwise improper lane changes.
• Violating a traffic control law in connection with a fatal accident.

Hazardous Material Truck Drivers Also Restricted

Drivers carrying hazardous materials must have an additional HazMat Endorsement, or HME. Commercial truck drivers transporting hazardous materials must pass a security threat assessment to receive their HME. The HME also is subject to disqualification, but based on different criteria.

Reasons for permanent HME disqualification include improper transportation of hazardous materials, as well as treason, espionage, sedition and a federal crime of terrorism. Reasons for interim HME disqualification include smuggling, immigration violations, arson and robbery.

One State’s Conviction is Enough To Revoke a CDL

Convictions for out-of-state violations are treated the same as convictions for violations in the home state. Thus, a driver can be disqualified in his or her home state based on convictions elsewhere.

States can reduce some lifetime disqualifications to a minimum 10-year disqualification period if the driver finishes a driver rehabilitation program which the state approves.

Drivers who have been disqualified from driving a CMV cannot be issued a “hardship” or “conditional” CDL or any other form of limited driver’s license for continuing to drive a CMV. However, a driver who’s been disqualified from having a CMV license may have a license to operate non-CMVs.

Jim S. Adler & Associates, your resource for a tough, smart 18 Wheeler Accident Lawyer.