Commercial truck drivers in Iowa have certain rules and regulations they must follow in order to be in compliance with state and federal law. Anytime a trucker violates one of these laws, they risk losing their driving privileges temporarily or indefinitely. If you’re interested in learning what circumstances will result in a trucker having their CDL, or commercial driver’s license disqualified, read on below to find out.
When a CDL holder has their license disqualified, it is usually because one of the following circumstances exist:
- The driver lost one of their driving privileges for any type of vehicle through suspension, revocation, cancellation or denial.
- The driver was convicted of certain traffic-related violations.
- The Federal Motor Carrier Safety Administration (FMCSA) has taken administrative action on an unqualified driver.
[Source: Iowa Department of Transportation].
Now, in order to determine the length of time that a trucker is subject to having his or her license disqualified, the type of vehicle being driven at the time of the violation along with the violation itself will be taken into account. The Iowa Department of Transportation highlights four categories of disqualifying issues and they are as follows:
- The driver commits a major offense. Major offenses include operating a CMV while under the influence of drugs or alcohol, operating a CMV with a BAC, blood alcohol content level of .04, refusing to submit to an alcohol or drug test, leaving the scene of an accident, using a CMV to carry out a felony crime, or committing vehicular homicide while operating a CMV. All offenses carry a one-year disqualification period when it is a driver’s first offense.
- The operator commits a serious traffic violation (STV). If a trucker is convicted of two or more STVs in any three-year period while operating a CMV, he or she will be subject to CDL disqualification. Some examples of a serious traffic violation include driving 15 mph or more above the posted speed limit, reckless driving, improper lane change, following too closely, moving violation, texting while driving, failure to carry CDL, no CDL, and improper class CDL or endorsement. When a trucker commits two or more STVs, he or she is subject to a disqualification period of 60 days.
- The driver committed a rail crossing violation. Drivers that are responsible for operating a CMV who are convicted of certain rail crossing violations are subject to CDL disqualification. When it is a first-time violation, the driver of the CMV is subject to a 60-day disqualification period.
- A driver who is issued an out-of-service order. When a commercial truck driver has been placed out-of-service and still drives or is caught operating a CMV that has been placed out-of-service, he or she is subject to a CDL disqualification period. When the out-of-service order involved a vehicle with no hazmat placard, the disqualification period could last anywhere from 90 days to one year. When the out-of-service vehicle does have a hazmat placard, the disqualification period ranges from 180 days to two years.
Before a driver actually has their CDL disqualified, they must be convicted of a disqualifying violation or the decision was made as a result of a final administrative decision.
Are you a truck driver who was injured in an accident in Cedar Rapids, IAand you are worried you might be faced with consequences for engaging in a collision?
If you answered yes, then you should consider contacting a Cedar Rapids, IA truck accident attorney. Eells & Tronvold Law Offices, P.L.C.is one law firm in the Cedar Rapids area that has a great deal of experience with representing truck crash victims, both truck drivers and operators of passenger vehicles, and is available to assess your case and determine how they can help you. To schedule an initial consultation to learn more about your rights and what can be done to avoid having your CDL disqualified, contact an attorney at this firm today.
You can reach Eells & Tronvold Law Offices, P.L.C. at:
1921 51stStreet NE
Cedar Rapids, IA 52402
Phone: (319) 393-1020
Fax: (319) 393-4000