Serious Traffic Violation For A Cdl Driver
By Ben Sessions on December 10th, 2014 in Car / Auto Accident
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
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3155 Roswell Rd., Ste. 220
Atlanta, GA 30305
Phone: 470-225-7710