Yes, however, it depends on the type of violation it is that they received.
When a truck driver violates a traffic law or even a rule or regulations the FMCSA has set forth, they are still permitted to operate a commercial motor vehicle. Just like a motorist is still permitted to drive their car after receiving a speeding ticket or making an illegal U-turn, there are certain violations a trucker can get away with and still maintain the privilege to drive. Now, if you are wondering what types of violations truckers get away with and still manage to keep their positions, below we highlight a few for you.
- Speeding. If a trucker is ticketed for speeding, they likely won’t lose their commercial driver’s license (CDL). Now, if he/she is cited for speeding twice within a three-year timeframe and they were traveling 15 miles or more over the legal speed limit, then their license would be suspended for a period of 60 days [Source: FL State Statute 322.61]. In the event the trucker is caught speeding a third time within a three-year period, their license would be suspended for 120 days. However, after the suspension period is up, the trucker is then permitted to get back out on the road.
- Reckless Driving. Truck drivers who engage in reckless driving such as making an improper lane change or following too closely to the vehicle in front of them would not lose their driving privileges unless they were found guilty of committing either offense twice within a three-year period. If that were to happen, they would their license for a 60-day period. In the event they were caught driving recklessly for the third time within the same timeframe, they would lose their license for 120 days.
There are times, however, when a trucker driver might lose their license for one year, even when it is their first offense. Some violations that would result in a trucker having their license suspended for one year include:
- Operating a vehicle while under the influence of alcohol or a controlled substance.
- Driving a commercial truck with an alcohol concentration level of .04% or higher.
- Leaving the scene of an accident that involves another motor vehicle.
- Using a motor vehicle to commit a felony.
- Refusing to submit to a field sobriety test or any other type of test that is used to determine his/her alcohol concentration level.
- Operating a commercial truck during the time his/her license is revoked, suspended, or canceled.
- Causing a fatality through the negligent operation of a commercial truck.
[Source: FL State Statute 322.61].
Based on the information provided above, it is clear that truckers, just like motorists, are not subjected to losing their driving privileges after having received a violation for the first time. Essentially, what this means is that there are truckers out there who have violated the law in the past and are still permitted to get behind the wheel of some of the largest and heaviest vehicles that occupy our roadways. Therefore, it is wise for all drivers to operate their vehicles cautiously and carefully when driving nearby to a truck as you never know when the operator of one might make a mistake or engage in reckless or negligent behavior.
In the event you have been involved in an accident with a semi-truck in Fort Lauderdale, FL and you believe the truck driver violated one or more laws, it would be in your best interest to speak with a skilled FL truck accident lawyer. The attorneys at Madalon Injury Law have helped victims just like you recover thousands of dollars in damages and will be glad to assess your case to determine how much you might be entitled to for the injuries and/or damage you suffered as a result of the accident.
Madalon Injury Law can be reached at:
100 N. Federal Highway CU5
Fort Lauderdale, FL 33301