Serious Traffic Violation For A Cdl Driver

By Ben Sessions on December 10th, 2014 in Uncategorized

The vast majority of traffic offenses that can affect commercial driver license (CDL) holders are called “serious traffic offenses.” Understanding the effect of a serious traffic violation on your CDL and understanding what is classified as a “serious traffic violation” is absolutely essential to ensuring that simply paying a traffic citation will not result in a CDL suspension and, possibly, loss of employment.

WHAT WILL A SERIOUS TRAFFIC VIOLATION DO TO A CDL?

O.C.G.A. 40-5-151 defines the penalties for a serious traffic violation for a CDL holder:

(f) Any person is disqualified from driving a commercial motor vehicle for a period of:

(1) Not less than 60 days if convicted of two serious traffic violations as defined in paragraph (22) of Code Section 40-5-142 arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained; or

(2) Not less than 120 days if convicted of a third or subsequent serious traffic violation as defined in paragraph (22) of Code Section 40-5-142 arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained.

WHAT IS A SERIOUS TRAFFIC VIOLATION FOR A CDL?

O.C.G.A. 40-5-142 defines what offenses are a serious traffic violation for a CDL holder:

(22) “Serious traffic violation” means conviction of any of the following offenses or a conviction of any law or ordinance equivalent thereto in this state, in any other state, or in any foreign jurisdiction, when operating either a commercial motor vehicle or, unless otherwise specified, a noncommercial motor vehicle:

(A) Speeding 15 or more miles per hour above the posted speed limit;

(B) Reckless driving;

(C) Following another vehicle too closely;

(D) Improper or erratic lane change, including failure to signal a lane change;

(E) A violation, arising in connection with a fatal crash, of state law or a local ordinance, relating to motor vehicle traffic control, excluding parking, weight, length, height, and vehicle defect violations, and excluding homicide by vehicle as defined in Code Section 40-6-393;

(F) A railroad grade crossing violation in a noncommercial motor vehicle;

(G) Driving a commercial motor vehicle without obtaining a commercial driver’s license;

(H) Driving a commercial motor vehicle without a commercial driver’s license in the driver’s immediate possession, and excluding such violations when the person’s commercial driver’s license or commercial driving privilege is suspended, revoked, canceled, or disqualified;

(I) Driving a commercial motor vehicle without a commercial driver’s license of the proper class and endorsements for the specific vehicle being operated or for the passengers or type of cargo transported; or

(J) Use of a wireless telecommunications device in violation of Code Section 40-6-241.2 while driving a commercial motor vehicle.

Do you have a CDL and have a question about the impact of a traffic offense on your license?

Contact The Sessions Law Firm

(470) 225-7710

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