Commercial truck drivers have the duty to drive responsibly and carefully while adhering to state laws and regulations. When they fail to do so, they risk having their driving privileges revoked for a specified period of time. The term the Missouri Department of Revenue uses to identify this loss of privilege is called disqualification. A CDL holder may be disqualified for the following reasons in the state of Missouri:
- The driver fails to appear in court or pay a traffic ticket they received in a non-member state. A non-member state is one that is not currently a member of the Driver License Compact and includes Alaska, California, Michigan, Montana, Oregon, and Wisconsin. Only when the driver has satisfied the ticket will their disqualification be lifted and they will be permitted to resume their responsibilities as a commercial truck driver.
- If a CDL holder receives two serious traffic convictions within three years, they will lose their driving privileges for a period of 60 days. A serious traffic conviction includes:
- Speeding 15 mph or more above the posted speed limit.
- Reckless driving.
- Improper or erratic lane changes.
- Following too closely.
- Moving violation related to a fatal crash.
- Driving a CMV (commercial motor vehicle) without a CDL in possession.
- Driving a CMV without the proper class of a CDL or endorsement/restrictions.
Because truck drivers require more stopping time than passenger vehicles, it is important that these drivers avoid speeding and driving too closely as they could cause a serious or even fatal wreck. And in most cases when this occurs, the driver they hit is generally the one who sustains the most severe injuries. That is why these serve as valid reasons to revoke a CDL holder’s license.
- A CDL holder who receives their first traffic conviction for violating an out-of-service order while operating a CMV is subjected to a disqualification period of 90 days.
- When a CDL holder receives three or more serious traffic convictions within a three-year period, they will face a 120-day disqualification period. A driver may also be subject to this disqualification period if they receive their second railroad/highway grade crossing violation while operating a CMV.
- When a CDL holder is found guilty of doing any of the following, they will lose their driving privileges for one year.
- Operating a CMV with a BAC level of 0.04% or higher.
- Refusing a blood and/or breath test if the driver is suspected of driving under the influence of alcohol and/or drugs.
- Failing to stop and stay at an accident scene if the wreck caused an injury or death.
- Using a CMV to commit a felony.
- Driving a CMV with a revoked, suspended, canceled, or disqualified privilege.
- Causing a fatality through the negligent or criminal operation of a CMV.
- Providing a false statement on a CDL application.
- “Receiving a third or subsequent railroad-highway grade crossing violation within a three-year period.”
After being involved in a wreck with a commercial truck, it is best to consult with a Kansas City, MO truck accident attorney who can explain what your legal rights are.
There are circumstances that could cause a CDL holder to lose their license for a two or even three-year period and you can find out what these are by visiting the Missouri Department of Revenue website.
Now, if you are a truck driver who operates a commercial truck and were recently involved in a wreck in Kansas City, MO, you may want to contact one of our MO truck accident lawyers as they can help determine fault which can spare you from having your driving privileges disqualified. Truck accidents are some of the worst types of accidents that lead to property damage and injuries and if you want to be sure your injuries are taken into consideration and that the blame is not all thrown on you, it is best you retain a Kansas City, MO truck crash attorney to represent you.