COMMERCIAL DRIVER LICENSE (CDL) SUSPENSIONS IN TENNESSEE
CDL’s are suspended more easily than standard licenses. This is because commercial drivers are held to very high standards. Your Tennessee commercial drivers license (CDL) can be suspended whether you violate traffic laws or commit crimes in Tennessee or out of state. Additionally, your CDL may be disqualified for violations committed in both commercial and non-commercial vehicles. Depending on your offense, you may face both state and federal suspensions and charges. The Federal Motor Carrier Safety Administration (FMCSA) sets forth these regulations.
Major Offenses:
- Having a blood alcohol concentration (BAC) of 0.04%.
- Refusing a breath or blood test (violating implied consent laws).
- Leaving an accident scene.
- Using the commercial vehicle to commit a felony. (This includes the manufacturing and distributing of a controlled substance.)
- Negligent CMV operation causing a death.
- Operating a commercial motor vehicle while you have a disqualified, suspended, or revoked commercial driver’s license.
Major Offense Penalties:
- 1st violation: CDL disqualification for 1 year. 3 years if transporting hazardous materials.
- 2nd violation: CDL disqualification for life. (Possible reinstatement after 10 years.)
- If you drive without a valid CDL, you may be subject to steep penalties, possible fines of up to $5,000, and even jail time imposed by the court. Employers who allow or require drivers to drive a CMV without a valid CDL may also face fines or jail time.
Serious Traffic Violations:
Per state and federal law, serious traffic violations include:
- Reckless driving or excessive speeding.
- Improper lane changes.
- Driving too closely behind other vehicles.
- Violating any motor vehicle traffic control law that results in a fatal accident.
- Operating a CMV without a CDL or a commercial endorsement.
Serious Traffic Violation Penalties:
- 1st violation: No disqualification.
- 2nd violation within 3 years: CDL disqualification for 60 days.
- 3rd violation or any subsequent violations within 3 years: CDL disqualification for 120 days.
Serious violations committed while driving in a non-commercial vehicle are not included UNLESS the violation leads to the suspension, revocation, or cancellation of your TN driver’s license or regular (non-commercial) driving privileges.
Railroad Highway Grade Crossing Violations:
RRHGC, or Railroad Highway Grade Crossing Violations, refer to offenses involving improper crossing of a railroad in a commercial vehicle. Examples of such violations include:
- Failing to slow down and check that the tracks are clear.
- Failing to stop when required.
- Driving across the tracks when there isn’t sufficient space for the commercial vehicle.
Railroad Highway Grade Crossing Violation Penalties:
- 1st violation: Minimum of 60-day suspension.
- 2nd violation (within 3 years): Minimum of 120-day suspension.
- 3rd violation (within 3 years): At least 1-year suspension.
Out-of-Service Order Violations:
OOSO violations, or Out-of-Service Orders violations, are divided into Category 1 and Category 2 offenses.
Category 1 includes violations related to hazardous materials and vehicles designed to transport at least 16 passengers. The length of time your CDL is disqualified will be based on the number of offense:
- 1st violation: Between 180 days and 2 years.
- 2nd violation or any subsequent violations within 10 years: 3 to 5 years.
Category 2 includes violations by drivers NOT in Category 1. The number of offense determines the amount of time your CDL will be disqualified:
- 1st violation: Between 180 days and 1 year, and a minimum $2,500 fine.
- 2nd violation within 10 years: 2 to 5 years, and a minimum $5,000 fine.
- 3rd violation or any subsequent violations: 3 to 5 years.
For more detailed information on CDL penalties, you can refer to:
NOTE: You are required to notify your employer within 30 days of any traffic conviction. You must also notify them within 2 business days if your license is suspended, revoked, or cancelled. Lastly, you must submit all information on driving jobs you’ve had in the past 10 years; you’ll also need to do this when applying for a commercial driving job.