The Effect Traffic Violations Can Have On New York Commercial Driver’s Licenses
Traffic tickets and tickets for trucking violations can have a significant impact on a driver’s New York commercial driver’s license (CDL).
In order for a driver to operate a vehicle with a gross weight of 13 tons or more, the operator must have a CDL issued by the state of New York. A CDL is also required to operate a vehicle that carries more than 15 passengers or any bus, truck or vehicle that transports hazardous materials.
Two serious traffic violations within a 36-month period (not arising from the same incident) lead to an automatic 60-day license suspension for commercial drivers. Drivers lose their CDLs for 120 days if they receive three serious traffic violations within three years.
These penalties apply to CDL violations inside and outside the state of New York. CDL holders are required to notify the New York Department of Motor Vehicles within 30 days of receiving an out-of-state violation.
Serious Traffic Violations in New York
The list of qualified sanctions that are deemed “serious” under New York statutes are as follows:
- Driving 15 mph or more above the posted speed limit
- Operating commercial vehicles without CDL
- Reckless driving
- Changing lanes in an unsafe or erratic manner
- Committing a traffic violation that is directly-related to a fatality
Other Potential Sanctions for CDL Holders
Driving while intoxicated (DWI) limitations for CDL holders is among an even higher level of severe sanctions in New York. The following violations result in a one-year suspension of a commercial driver’s license:
- Operating a commercial vehicle with a BAC of 0.04 percent or more
- Operating any vehicle while under the influence of a controlled substance
- Refusing a BAC test
- Leaving the scene of an accident without reporting the incident
- Felonious action involving a motor vehicle
- Operating a vehicle with a revoked, suspended or cancelled CDL
The most severe penalties carry a three-year suspension of the CDL. These sanctions include violating any of the more severe violations while transporting a hazardous chemical or other materials. A lifetime suspension results from a second offense or if the CDL holder commits a felony involving a controlled substance while using the commercial vehicle.
CDL holders in violation of a statute and issued a citation should contact an experienced attorney that specializes in defending against CDL traffic offenses and any of the related offenses.