COMMERCIAL DRIVER LICENSE (CDL) SUSPENSIONS IN KENTUCKY
CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. Offenses leading to CDL disqualifications are categorized into the following: Major Offenses, Serious Traffic Violations, Railroad-Highway Grade Crossing Offenses, and Violations of Out-of-Service Orders. If you are convicted of a traffic conviction, regardless of vehicle type, you must tell your motor vehicle licensing agency within 30 days. (This does not apply to parking violations.)
MAJOR OFFENSES:
- Alcohol- and drug-related offenses, such as: Driving your commercial motor vehicle (CMV) with a blood alcohol concentration (BAC) of 0.04% or higher and refusing a test to determine your BAC (i.e. violating implied consent).
- Fleeing the scene of an accident.
- Using the CMV to commit a felony, including the manufacturing and distributing of a controlled substance.
- Causing a fatality because of negligent CMV operation.
- Operating a CMV while you have a disqualified, suspended, or revoked commercial driver’s license.
MAJOR OFFENSE PENALTIES:
- 1st violation: 1 year. (3 years if transporting hazardous materials.)
- 2nd violation: Lifetime disqualification.
Major offenses can lead to CDL disqualification whether you commit them in a commercial vehicle or a non-CMV.
SERIOUS TRAFFIC VIOLATIONS:
- Excessive speeding (15 mph over the speed limit) or reckless driving.
- Making improper lane changes.
- Following vehicles too closely.
- Violating any motor vehicle traffic control law (other than a parking violation) that results in a fatal accident.
- Operating a commercial vehicle without a valid CDL or the proper CDL endorsements.
SERIOUS TRAFFIC VIOLATION PENALTIES:
Your CDL will be disqualified after your:
- 2nd violation within 3 years: for 60 days. (Your disqualification is subject to an administrative hearing where you may be able to contest the disqualification.)
- 3rd violation within 3 years: for 120 days.
RAILROAD CROSSING VIOLATIONS:
Railroad Highway Grade Crossing violations refer to offenses made when crossing a railroad in your CMV. Railroad violations include, but are not limited to:
- Failing to slow down and check that the tracks are clear.
- Failing to stop when required.
- Driving across the tracks when you don’t have enough space or clearance.
RAILROAD CROSSING VIOLATION PENALTIES:
- 1st violation: At least 60 days.
- 2nd violation within 3 years: At least 120 days.
- 3rd violation and any subsequent violations within 3 years: At least 1 year.
OUT-OF-SERVICE VIOLATIONS:
If you violate an out-of-service order, your CDL can be disqualified as follows:
- 1st violation in 10 years: Minimum 90 days.
- 2nd violation in 10 years: Minimum 1 year.
- 3rd violation or subsequent violations in 10 years: Minimum 3 years.
NOTE: For any violation, you are subject to additional fines and penalties imposed by the court.
NOTE: By law, you are required to notify your employer within 30 days of receiving a traffic offense conviction or by the end of the next business day after receiving a CDL disqualification notice.