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1.3 - CDL Disqualifications

1.3.1 – General

You may not drive a commercial motor vehicle if you are disqualified for any reason.

1.3.2 – Alcohol, Leaving the Scene of an Accident, and Commission of a Felony

It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .04% or more. If you operate a CMV, you shall be deemed to have given your consent to alcohol testing.

You will lose your CDL for at least one year for a first offense for:

• Driving a CMV if your blood alcohol concentration is .04% or higher.
• Driving a CMV under the influence of alcohol. Refusing to undergo blood alcohol testing.
• Driving a CMV while under the influence of a controlled substance.
• Leaving the scene of an accident involving a CMV.
• Committing a felony involving the use of a CMV.
• Driving a CMV when the CDL is suspended.
• Causing a fatality through negligent operation of a CMV.

You will lose your CDL for at least three years if the offense occurs while you are operating a CMV that is placarded for hazardous materials.

You will lose your CDL for life for a second offense.

You will lose your CDL for life if you use a CMV to commit a felony involving controlled substances.

You will be put out-of-service for 24 hours if you have any detectable amount of alcohol under .04%.

1.3.3 – Serious Traffic Violations

You will lose your CDL:

• For at least 60 days if you have committed two serious traffic violations within a three-year period involving a CMV.
• For at least 120 days for three or more serious traffic violations within a three-year period involving a CMV.

1.3.4 – Violation of Out-of-Service Orders

You will lose your CDL:

• For at least 90 days if you have committed your first violation of an out-of-service order.
• For at least one year if you have committed two violations of an out-of-service order in a ten-year period.
• For at least three years if you have committed three or more violations of an out-of-service order in a ten-year period].

1.3.5 – Railroad-highway Grade Crossing Violations

You will lose your CDL:

• For at least 60 days for your first violation.
• For at least 120 days for your second violation within a three-year period.
• For at least one year for your third violation within a three-year period.

These violations include violation of a federal, state or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing:

• For drivers who are not required to always stop, failing to stop before reaching the crossing if the tracks are not clear.
• For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train.
• For drivers who are always required to stop, failing to stop before driving onto the crossing.
• For all drivers failing to have sufficient space to drive completely through the crossing without stopping.
• For all drivers failing to obey a traffic control device or the directions of an enforcement official at the crossing.
• For all drivers failing to negotiate a crossing because of insufficient undercarriage clearance.

1.3.6 – Hazardous Materials Endorsement Background Check and Disqualifications

If you require a hazardous materials endorsement you will be required to submit your fingerprints and be subject to a background check.

You will be denied or you will lose your hazardous materials endorsement if you:

• Are not a lawful permanent resident of the United States.
• Renounce your United States citizenship.
• Are wanted or under indictment for certain felonies.
• Have a conviction in military or civilian court for certain felonies.
• Have been adjudicated as lacking mental capacity or have been involuntarily committed to a mental health facility as specified in §1572.109.
• Are considered to pose a security threat as determined by the Transportation Security Administration.

The background check procedures vary from jurisdiction to jurisdiction. Your licensing agency will provide you with all the information you need to complete the required TSA background check procedures.