COMMERCIAL DRIVER LICENSE (CDL) SUSPENSIONS IN MONTANA
CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. When it comes to commercial driver laws, the Montana Motor Vehicle Division uses federal standards to guide its enforcement of CDL standards. Federal law outlines a number of violations that can lead to the disqualification of your CDL.
You must notify your employer within 30 days if you’re convicted of any traffic violation (with the exception of parking), regardless of the vehicle you were driving. You must also notify your employer within 2 business days if your license is suspended, revoked, cancelled, or you are disqualified from driving.
Major Offenses: Major offenses will result in CDL disqualification in Montana, whether the offense took place in a commercial vehicle (CMV) or personal vehicle. These offenses include:
- Driving while over the limit for blood alcohol concentration (0.04% in a CMV).
- Refusal to test for blood alcohol concentration.
- Leaving the scene of an accident.
- Causing a fatality because you operated the CMV negligently.
- Felony for use of a CMV for the transportation of controlled substances: (This is an automatic and irreversible lifetime disqualification.)
- Driving a commercial vehicle while your CDL is suspended: You face heavy fines and even jail time. Employers who allow drivers to operate a CMV without a valid CDL face the same penalties.
For most of these offenses, your Montana CDL will be disqualified for the following terms:
- 1st violation: 1 year. 3 years if transporting hazardous materials.
- 2nd violation: Lifetime disqualification.
NOTE: Any detectable amount of alcohol in your blood leads to consequences if you’re driving a CMV. If your blood alcohol concentration tests for any alcohol below the legal limit, you will receive an out-of-service order for 24 hours.
Serious Violations: Committing a serious violation in a commercial vehicle will result in your Montana CDL disqualification. These offenses include:
- Excessive speeding.
- Reckless driving.
- Illegal passing.
- Improper or erratic lane changing.
- Following too closely.
- Causing a fatality by ignoring traffic control laws (with the exception of parking laws).
- Driving a CMV without a CDL, without a CDL on you, or without having obtained the proper endorsements.
You face the following disqualification terms for serious offenses accumulated within 3 years:
- 60 days upon your 2nd offense.
- 120 days upon your 3rd offense.
Railroad-Highway Grade Crossing Offenses: The following railroad crossing violations will lead to suspension of your CDL privileges:
- Failure to slow down to ensure that tracks are clear.
- Failure to stop when tracks are not clear.
- Failure to stop before driving onto crossing.
- Failure to obey a traffic control device or officer.
- Failure to ensure undercarriage clearance.
You face the following CDL disqualification penalties for RRHGC violations:
- 1st violation: Minimum of 60 days.
- 2nd violation within 3 years: Minimum of 120 days.
- 3rd violation and any subsequent violations within 3 years: Minimum of 1 year.
Out-of-Service Offenses: Your CDL will be disqualified for the following time periods of violating an out-of-service order within a period of 10 years:
- 90 days for your 1st offense.
- 2 years for your 2nd offense.
- 3 years for your 3rd offense.
Violations in Your Personal Vehicle: If your driver’s license has been suspended or revoked due to traffic violations in your personal vehicle (other than parking violations), your CDL will also be disqualified.