Downgrade

Topic 34322 | Page 1

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Scott B.'s Comment
member avatar

Has anyone been downgraded because of past offenses on their license? I had a leaving the scene accident in 1988, I was 17 years old and a dui in 2004. I was just notified by dmv that next week I will no longer hold a class a cdl for life and was told this is due to a law passed in 2023. Anyone with info please help a guy out with some info.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

DUI:

Driving Under the Influence

BK's Comment
member avatar

Scott, do you know if this law is a state law or federal law? And what state is your CDL from?

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
Scott B.'s Comment
member avatar

I’m pretty sure federal it I’m licensed out of mass.

BK's Comment
member avatar

I’m pretty sure federal it I’m licensed out of mass.

I found this on the internet:

COMMERCIAL DRIVER’S LICENSE SUSPENSIONS IN MASSACHUSETTS

The Commercial Driver’s License (CDL) program in Massachusetts, established in 1990, aimed to address issues of unqualified truck drivers and enhance highway safety nationally. Governed by the Federal Commercial Motor Vehicle Safety Act of 1986, the Act mandates minimum national standards for CDL issuance while allowing states to retain licensing authority. Massachusetts adopted these federal standards, setting forth penalties for CDL violations and certain non-CDL offenses like DUI or breathalyzer refusal, regardless of the vehicle being operated.

A single DUI or breathalyzer refusal violation leads to a one-year CDL disqualification, while a second offense results in lifetime CDL revocation. The law includes a lifetime look-back period, and federal anti-masking provisions treat continuances without a finding (CWOF) as convictions concerning CDL suspensions and reinstatements.

However, hardship licenses to override CDL suspensions are prohibited by the Federal Motor Carrier Safety Administration. While CDL holders may obtain a Class D Hardship License for passenger cars, commercial motor vehicle operation is restricted. Notably, incidents of operating under the influence before June 14, 1994, raise questions regarding CDL suspension counting

I don’t know if this is helpful or not. It would be best to get a consultation with an attorney who specializes in commercial truck and license law.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

Commercial Motor Vehicle:

A commercial motor vehicle is any vehicle used in commerce to transport passengers or property with either:

  • A gross vehicle weight rating of 26,001 pounds or more
  • A gross combination weight rating of 26,001 pounds or more which includes a towed unit with a gross vehicle weight rating of more than 10,000 pounds
  • Dm:

    Dispatcher, Fleet Manager, Driver Manager

    The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

    DUI:

    Driving Under the Influence

    OWI:

    Operating While Intoxicated

Highway 44's Comment
member avatar

Scott,

I second the advice of BK. The best course of action is to retain an attorney specializing in driver's license revocation / suspension, transportation law etc. Most lawyers / law firms give a complimentary consultation.

The DMV should have sent an official notification, usually by letter sent through snail-mail, on this action being taken on your CDL. It should contain the information specific to the 2023 law passed, which now has your CDL credential due for downgrade (revocation). Otherwise, contact the state DOT / DMV to receive this information. It may also be a wise move to order a certified copy of your MVR.

Try these legal directories, both are an excellent database of lawyers / law firms, are highly rated and produce top quality local search results.

Martindale

FindLaw

Good journey and God bless.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

MVR:

Motor Vehicle Record

An MVR is a report of your driving history, as reported from your state Department of Motor Vehicles. Information on this report may include Drivers License information, point history, violations, convictions, and license status on your driving record.

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