GEORGIA COMMERCIAL DRIVERS LICENSE (CDL) DISQUALIFICATIONS AND SUSPENSIONS

COMMERCIAL DRIVERS LICENSE (CDL) DISQUALIFICATION FOR MAJOR TRAFFIC VIOLATION
(Applicable Georgia Laws: O.C.G.A. §§ 40-5-151; 40-5-142)

Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of a major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142. Unless stated otherwise, a conviction in Georgia, any other state, or in any foreign country for any of the offenses listed below will constitute a major traffic violation disqualify you from operating a commercial vehicle. It is important to recognize that, unless specifically provided otherwise, a conviction for any of these offenses in a commercial vehicle OR a non-commercial vehicle will suspend or revoke your commercial drivers license.

Driving a vehicle under the influence in violation of Code Section 40-6- 391;
Hit and run or leaving the scene of an accident in violation of Code Section 40-6-270, failure to report striking an unattended vehicle in violation of Code Section 40-6-271, failure to report striking a fixed object in violation of Code Section 40-6-272, or failure to report an accident in violation of Code Section 40-6-273;
Except as provided in subsection (b) of Code Section 40-5-151, any felony in the commission of which a motor vehicle is used;
Driving a commercial motor vehicle while the person's commercial driver's license or commercial driving privilege is revoked, suspended, canceled, or disqualified;
Homicide by vehicle in violation of Code Section 40-6-393;
Racing on highways or streets in violation of Code Section 40-6-186;
Using a motor vehicle in fleeing or attempting to elude an officer in violation of Code Section 40-6-395;
Fraudulent or fictitious use of or application for a license as provided in Code Section 40-5-120 or 40-5-125;
Operating a motor vehicle with a revoked, canceled, or suspended registration in violation of Code Section 40-6-15;
Violating Code Sections 16-8-2 through 16-8-9, if the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto or the cargo being transported therein or thereon, as set forth in paragraph (8) of subsection (a) of Code Section 16- 8-12;or
Refusing to submit to a state administered chemical test requested by a law enforcement officer pursuant to Code Section 40-5-55.

Any person is disqualified from driving a commercial motor vehicle for a period of three years if convicted of a first violation of using a commercial motor vehicle in the commission of a felony or a major traffic violation listed above, if the vehicle being operated or used in connection with such violation or commission of such felony is transporting a hazardous material required to be placarded under Section 105 of the Hazardous Materials Transportation Act, 49 U.S.C. app. 1804.

Any person is disqualified from driving a commercial motor vehicle for life if convicted of a second or subsequent major traffic violation as defined in paragraph (18.2) of Code Section 40-5-142 or any combination of such violations arising from two or more separate incidents.

Any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a motor vehicle in the commission of any felony involving the manufacture, distribution, cultivation, sale, transfer of, trafficking in, or dispensing of a controlled substance or marijuana, or possession with intent to manufacture, distribute, cultivate, sell, transfer, traffic in, or dispense a controlled substance or marijuana.

COMMERCIAL DRIVERS LICENSE (CDL) DISQUALIFICATION FOR SERIOUS TRAFFIC VIOLATIONS
(Applicable Georgia Laws: O.C.G.A. §§ 40-5-151; 40-5-142)

The lengths of disqualification for convictions of serious traffic violations are provided below.

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
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.

The offenses which constitute serious traffic violations are listed below. It is important to recognize that, unless specifically provided otherwise, a conviction for any of these offenses in a commercial vehicle OR a non-commercial vehicle will suspend or revoke your commercial drivers license.

Speeding 15 or more miles per hour above the posted speed limit;
Reckless driving;
Following another vehicle too closely;
Improper or erratic lane change, including failure to signal a lane change;
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;
A railroad grade crossing violation in a noncommercial motor vehicle;
Driving a commercial motor vehicle without obtaining a commercial driver’s license;
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; or
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.

All disqualifications for serious traffic violations shall become effective upon the date that the Department of Driver Services processes the citation or conviction, provided that no such disqualification is in effect; if such disqualification is in effect the subsequent disqualification shall not take effect until the current disqualification expires.

COMMERCIAL DRIVERS LICENSE (CDL) DISQUALIFICATION FOR VIOLATION OF OUT-OF-SERVICE ORDERS
(Applicable Georgia Laws: O.C.G.A. § 40-5-151)

The lengths of disqualification for violations of out-of-service orders are provided below.

First violation----a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 90 days and not more than one year;
Second violation----a driver who is convicted of two violations of out-of-service orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and
Third or subsequent violation----a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years.

Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehicle's employer, and a copy or notice of such out-of-service order shall be provided to the department.

Any person is disqualified for a period of not less than 180 days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if, during any ten-year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver.

In addition to any other penalty imposed, any driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $1,100.00 and not to exceed $2,750.00.

After suspending, revoking, or canceling a commercial driver's license, the department shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial driver's privileges, the department shall notify the licensing authority of the state which issued the commercial driver's license within ten days.

COMMERCIAL DRIVERS LICENSE (CDL) DISQUALIFICATION FOR PROVIDING FALSE INFORMATION IN LICENSE APPLICATION OR SUBSEQUENT FILINGS
(Applicable Georgia Laws: O.C.G.A. § 40-5-151)

Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if it is determined, in a check of an applicant's license status and record prior to issuing a commercial driver's license or at any time after the commercial driver's license is issued, that the applicant has falsified information on his or her application or any related filing.

COMMERCIAL DRIVERS LICENSE (CDL) DISQUALIFICATION UPON DETERMINATION THAT DRIVER POSES IMMINENT HAZARD
(Applicable Georgia Laws: O.C.G.A. § 40-5-151)

Any person is disqualified from driving a commercial vehicle for a period of not less than 30 days if the department receives notification from the Federal Motor Carrier Safety Administration that the person poses an imminent hazard. If the Federal Motor Carrier Safety Administration notifies the department that a person's driving constitutes an imminent hazard and imposes a disqualification greater than 30 days, the person shall be disqualified from driving a commercial vehicle for the period designated by the Federal Motor Carrier Safety Administration, not to exceed one year.

COMMERCIAL DRIVERS LICENSE (CDL) DISQUALIFICATION FOR RAILROAD GRADE CROSSING OFFENSES
(Applicable Georgia Laws: O.C.G.A. § 40-5-151)

Any person is disqualified from operating a commercial motor vehicle if convicted of any of the following railroad grade crossing offenses while operating a commercial motor vehicle:

Failing to slow down and check the tracks are clear of an approaching train before proceeding;
Failing to stop before reaching the crossing if the tracks are not clear;
Failing to stop before driving onto the crossing;
Failing to leave sufficient space to drive completely through a railroad crossing without stopping;
Failing to obey a traffic-control device or the directions of an enforcement official at a railroad crossing; or
Failing to negotiate a crossing because of insufficient undercarriage clearance.

Upon a first conviction for any railroad grade offenses listed above, the period of disqualification shall be 60 days.

Upon a second conviction within a three-year period for any railroad grade offenses listed above arising from a separate incident within a three-year period, the period of disqualification shall be 120 days.

Upon a third or subsequent conviction within a three-year period Upon a third or subsequent conviction within a three-year period for an offense listed in paragraph (1) of this subsection arising from a separate incident, the period of disqualification shall be one year.

Except as to disqualifications for serious traffic violations, any other disqualification provided for in Code Section 40-5-151 shall become effective upon the date that the department processes the citation or conviction and may run concurrently to any other disqualifications in effect.

Georgia’s law governing commercial drivers license (CDL) is highly technical. Your failure to be adequately informed as to the effect of a citation on your commercial drivers license (CDL) can easily result in the loss of your job and livelihood. Georgia criminal defense attorneys Sean McIlhinney and Ben Sessions understand how to save your commercial drivers license (CDL) from suspension. If you have questions regarding the effect that a particular charge may have upon your commercial drivers license (CDL), please do not hesitate to contact our office today.

Call Us Today - 678.387.6920