CDL Disqualifications and Rules FAQ - Common Questions Answered

CDL disqualifications and compliance rules can be confusing, with different violation types carrying different penalties and lookback periods. This FAQ guide answers the most common questions about major offenses, serious traffic violations, out-of-service orders, railroad crossing violations, and IRP/IFTA requirements covered in Sections 1.3 through 1.5 of the CDL manual. Find clear answers to protect your commercial driving career.

Basic Questions About CDL Disqualifications

Q: What is a CDL disqualification?

A: A CDL disqualification is a penalty that temporarily or permanently revokes your privilege to operate a commercial motor vehicle. Unlike regular traffic tickets that result in fines or points, disqualifications completely prohibit CMV operation for specified periods. Disqualification periods range from 60 days for minor violations to lifetime for serious or repeated offenses. You may not drive a CMV if disqualified for any reason—there are no hardship exceptions for commercial driving.

Q: What is the blood alcohol limit for CDL drivers?

A: The blood alcohol concentration (BAC) limit for CDL drivers operating a commercial motor vehicle is 0.04%, exactly half the 0.08% limit that applies to regular drivers. Any detectable amount of alcohol under 0.04% results in a 24-hour out-of-service order. Testing at 0.04% or higher results in CDL disqualification for at least one year for a first offense, three years if hauling hazardous materials, and lifetime for a second offense.

Q: What are major offenses that cause CDL disqualification?

A: Major offenses resulting in minimum one-year first-offense disqualification include: driving a CMV with BAC of 0.04% or higher, driving under the influence of alcohol or controlled substances, refusing alcohol testing, leaving the scene of an accident involving a CMV, committing a felony using a CMV, driving a CMV while your CDL is suspended, and causing a fatality through negligent CMV operation. Using a CMV for a controlled substance felony results in lifetime disqualification on the first offense.

Q: What is the difference between suspension and disqualification?

A: Suspension typically refers to your state driver's license being temporarily invalid due to state-level violations or administrative actions. Disqualification specifically refers to losing your privilege to operate commercial motor vehicles under federal CDL regulations. Both prevent you from legally operating a CMV, but they arise from different regulatory frameworks. Suspension of your regular license automatically affects your CDL privileges.

Q: Can I get a hardship CDL if I'm disqualified?

A: No. Federal regulations do not allow hardship licenses for commercial motor vehicle operation. If your privilege to operate your personal vehicle is revoked, cancelled, or suspended, you may not obtain a hardship license to operate a CMV. This applies regardless of the reason for disqualification or the hardship it creates. There are no exceptions to this rule.

Serious Traffic Violations Questions

Q: What qualifies as a serious traffic violation for CDL holders?

A: Serious traffic violations include: excessive speeding (15 mph or more above the posted limit), reckless driving, improper or erratic lane changes, following a vehicle too closely, traffic offenses committed in a CMV in connection with fatal accidents, driving a CMV without obtaining a CDL, driving a CMV without having a CDL in your possession, and driving a CMV without the proper class of CDL and/or endorsements required for the vehicle or cargo.

Q: How many serious traffic violations cause disqualification?

A: Two serious traffic violations within a three-year period result in a minimum 60-day CDL disqualification. Three or more serious traffic violations within a three-year period result in a minimum 120-day disqualification. The three-year lookback period means violations stay on your record for purposes of this calculation for the full three years from the date of each violation.

Q: Does speeding always count as a serious violation?

A: No. Only excessive speeding—15 mph or more above the posted speed limit—counts as a serious traffic violation for CDL purposes. Speeding 14 mph over or less is a regular violation that may result in fines and points but doesn't trigger the serious violation accumulation rules. However, any speeding violation must still be reported to your employer within 30 days.

Q: Do serious violations in my personal vehicle count?

A: The serious traffic violation categories specifically reference violations committed while operating a CMV. However, if your personal vehicle license is suspended, revoked, or cancelled due to traffic violations, you lose your CDL privileges as well. Additionally, alcohol, drug, and felony violations in your personal vehicle carry specific CDL disqualification penalties regardless of vehicle type.

Q: How long do serious violations stay on my record?

A: Serious traffic violations are counted within a three-year lookback period for determining disqualification penalties. A violation from today would still count toward your total until exactly three years from the violation date. The violations don't disappear from your complete driving history, but they stop being counted toward the accumulation thresholds after three years.

Out-of-Service Order Questions

Q: What is an out-of-service order?

A: An out-of-service order is an official declaration that a driver, vehicle, or motor carrier operation must cease immediately until a specified safety deficiency is corrected. These orders are issued by authorized enforcement personnel when they discover conditions that pose immediate safety risks. Drivers may be placed out-of-service for hours violations, alcohol/drug issues, or medical certification problems. Vehicles may be placed out-of-service for brake failures, tire issues, or other safety defects.

Q: What happens if I violate an out-of-service order?

A: Violating an out-of-service order results in escalating CDL disqualifications: 90 days minimum for first violation, one year minimum for second violation within 10 years, and three years minimum for third or more violations within 10 years. The 10-year lookback period is significantly longer than the 3-year period for serious traffic violations, making out-of-service violations particularly consequential for your long-term career.

Q: Can I finish my trip if placed out-of-service?

A: No. When placed out-of-service, you must stop operations immediately at your current location. You cannot continue to a truck stop, terminal, or home. You cannot "just finish this delivery." Continuing to operate after receiving an out-of-service order constitutes a violation that triggers the disqualification penalties. Contact your carrier for assistance with the situation.

Q: How is an out-of-service order different from a disqualification?

A: An out-of-service order is a temporary halt to operations until a specific condition is corrected—it could last hours or days depending on the issue. Disqualification is a longer-term revocation of your CDL privileges (60 days to lifetime). Violating an out-of-service order causes disqualification. Out-of-service addresses immediate safety issues; disqualification is a penalty for violations.

Q: What triggers a driver out-of-service order?

A: Common triggers for driver out-of-service orders include: exceeding hours-of-service limits, having any detectable blood alcohol, failing drug tests, lacking required medical certification, being under disqualification from another violation, lacking proper CDL or endorsements, and possessing multiple driver's licenses. Once the deficiency is corrected (rest time completed, certification obtained, etc.), you may resume operations.

Railroad Crossing Violation Questions

Q: What are the penalties for railroad crossing violations?

A: Railroad crossing violations result in: 60-day disqualification for first violation, 120-day disqualification for second violation within three years, and one-year disqualification for third violation within three years. These are among the most serious traffic violations because train-vehicle collisions almost always result in catastrophic outcomes.

Q: What are the six railroad crossing violations?

A: The six specific railroad crossing offenses are: (1) failing to stop before reaching a crossing when tracks aren't clear, (2) failing to slow and check for approaching trains, (3) failing to stop before driving onto the crossing when required, (4) entering the crossing without sufficient space to clear without stopping, (5) disobeying traffic signals or enforcement official directions at the crossing, and (6) failing to negotiate the crossing due to insufficient undercarriage clearance.

Q: Which vehicles must always stop at railroad crossings?

A: Vehicles that must always stop at railroad crossings include: buses carrying passengers, school buses (loaded or empty), vehicles carrying placarded hazardous materials, and cargo tank vehicles whether loaded or empty. These vehicles must stop within 50 feet but no closer than 15 feet from the nearest rail, look and listen for approaching trains, and not proceed until safe.

Q: Can I shift gears while crossing railroad tracks?

A: No. You should never shift gears while crossing railroad tracks. Start across in a gear low enough to complete the crossing without shifting. Shifting on the tracks risks stalling, and a stalled vehicle on railroad tracks is an extremely dangerous situation. If your vehicle does stall on tracks, evacuate immediately and move away from the tracks at a 45-degree angle.

Q: What should I do if my vehicle stalls on railroad tracks?

A: Evacuate immediately. Get yourself and any passengers out of the vehicle and away from the tracks. Move at a 45-degree angle away from the tracks in the direction the train is coming FROM—this way, if the train strikes the vehicle, debris will be thrown away from you rather than toward you. Call 911 and the emergency number posted at the crossing. Never attempt to restart or move the vehicle if a train is approaching.

Personal Vehicle Violation Questions

Q: How do violations in my personal vehicle affect my CDL?

A: Violations in your personal vehicle can significantly affect your CDL. If your personal license is suspended, revoked, or cancelled due to traffic violations (other than parking), your CDL privileges are also suspended. Alcohol, drug, or felony violations in your personal vehicle result in one-year CDL disqualification for first offense and lifetime disqualification for second offense, identical to penalties for CMV violations.

Q: Do I have to report personal vehicle violations to my employer?

A: Yes. You must notify your employer within 30 days of conviction for any traffic violation (except parking), regardless of what type of vehicle you were driving. You must also notify your motor vehicle licensing agency within 30 days of any out-of-state conviction. The 30-day requirement applies to personal and commercial vehicle violations alike.

Q: Can I keep my CDL if my regular license is suspended?

A: No. If your privilege to operate your personal vehicle is suspended, revoked, or cancelled, you lose your CDL driving privileges as well. You cannot obtain a hardship license to continue operating commercial vehicles while your regular license is suspended. Your CDL is dependent on maintaining a valid underlying license.

Q: Will a DUI in my personal car affect my CDL?

A: Yes. A DUI conviction in your personal vehicle results in one-year CDL disqualification for the first offense. A second alcohol or drug violation (in either your personal vehicle or a CMV) results in lifetime CDL disqualification. The commercial driving standards for alcohol apply to your behavior in personal vehicles as well.

IRP and IFTA Questions

Q: What is the International Registration Plan (IRP)?

A: The International Registration Plan is a registration reciprocity agreement among U.S. states and Canadian provinces for vehicles operating in interstate commerce. IRP provides for equitable collection and distribution of vehicle registration fees based on the distance traveled in each member jurisdiction. Rather than registering separately in each state you operate in, you register through your base jurisdiction and receive apportioned plates valid throughout all member jurisdictions.

Q: What is IFTA and how does it work?

A: The International Fuel Tax Agreement is a tax collection agreement allowing motor carriers to report and pay fuel taxes through one base jurisdiction for operations across all member jurisdictions. Fuel taxes are calculated based on miles traveled and fuel purchased in each jurisdiction. You file one quarterly return with your base jurisdiction reporting all operations, and taxes are distributed to the appropriate jurisdictions. This simplifies compliance for interstate operators.

Q: Who needs IRP registration and IFTA licensing?

A: Qualified vehicles operating in two or more member jurisdictions typically need both IRP registration and IFTA licensing. For IRP, a qualified vehicle has two axles and exceeds 26,000 pounds, OR has three or more axles regardless of weight, OR operates in combination exceeding 26,000 pounds. IFTA requirements are similar but specifically exclude recreational vehicles. Contact your base jurisdiction for specific applicability to your operation.

Q: What records must I keep for IRP/IFTA?

A: You must maintain Individual Vehicle Distance Records (IVDRs) showing: trip dates, origin and destination cities and states, routes traveled, beginning and ending odometer readings, total distance, and per-jurisdiction distance. For fuel, retain receipts showing: date, seller name and address, gallons purchased, fuel type, price, vehicle identifier, and purchaser name. All records must be retained for a minimum of four years and be available for audit.

Q: How long must I keep IRP/IFTA records?

A: All IRP/IFTA records must be maintained for a minimum of four years. This includes Individual Vehicle Distance Records (IVDRs), fuel receipts, and any supporting documentation. These records are subject to audit by member jurisdictions. Failure to maintain complete and accurate records can result in fines, penalties, and suspension or revocation of your IRP registration and IFTA license.

Q: When do I log odometer readings for IVDR?

A: You must log odometer readings at three specific times: at the beginning of each day, when leaving each state or province (crossing the border), and at the end of each trip or day. This allows accurate calculation of miles traveled in each jurisdiction for both IRP fee apportionment and IFTA fuel tax calculations.

Notification and Reporting Questions

Q: What must I report to my employer and when?

A: You must report to your employer: any traffic violation conviction (except parking) within 30 days of conviction, and license suspension, revocation, cancellation, or disqualification within 2 business days. These requirements apply regardless of what vehicle you were driving when the violation occurred. For hazmat endorsement holders, disqualifying events must be reported within 24 hours.

Q: Do I report violations to my SDLA too?

A: You must notify your motor vehicle licensing agency (SDLA) within 30 days if you are convicted in any other jurisdiction (out of state) of any traffic violation except parking. This applies regardless of what type of vehicle you were driving. This requirement is separate from your employer notification requirement—both must be completed.

Q: What happens if I fail to report a violation?

A: Failure to meet notification deadlines can result in additional violations and penalties. Employers who discover unreported violations may terminate employment. Your SDLA may take administrative action. In some cases, failure to report can be considered fraud. Always report violations within required timeframes, even if you plan to contest them.

Q: Do I report violations I'm contesting in court?

A: You should report violations even while contesting them. The notification requirement triggers upon conviction, but many employers prefer to know about pending cases. If you ultimately win your case, the violation is removed from your record. Failing to report after conviction because you "forgot" or assumed it wouldn't matter can create additional problems.

Penalty and Consequence Questions

Q: What's the maximum fine for driving without a CDL?

A: Driving a CMV without a CDL can result in fines up to $5,000 and possible jail time. Your employer can also be fined up to $5,000 for allowing you to operate without a valid CDL. These penalties apply whether you never obtained a CDL, let it expire, or are operating while suspended or disqualified.

Q: Can I ever get my CDL back after lifetime disqualification?

A: Federal regulations allow states to offer reinstatement after 10 years for some lifetime disqualifications, provided you've completed rehabilitation programs and maintained a clean record. However, lifetime disqualification for using a CMV to commit a controlled substance felony cannot be reduced—it is truly permanent. Contact your SDLA for reinstatement eligibility and requirements.

Q: What are the consequences of multiple license holding?

A: Having more than one driver's license is illegal. Penalties include fines up to $5,000 and possible jail time. You keep only your home state license; others are returned. All states share CDL driver information through a computerized system specifically designed to detect multiple license holding. Employers face similar penalties for allowing drivers with multiple licenses to operate.

Q: How do disqualifications affect my employment?

A: During disqualification, you cannot legally operate any CMV, meaning you cannot perform driving duties. Employers may terminate employment, reassign you to non-driving work, or suspend you without pay. Even after reinstatement, the disqualification appears on your driving record, potentially affecting future employment opportunities. Insurance costs for employers may increase when hiring drivers with disqualification history.

Safety Rule Questions

Q: Can I use my cell phone while driving a CMV?

A: You cannot hold a mobile telephone to conduct voice communication while driving a CMV. You cannot dial a mobile telephone by pressing more than a single button (multi-button dialing is prohibited). You are completely prohibited from sending or reading text messages while driving. Hands-free devices with single-button activation may be permitted. Violations can be treated as serious traffic violations.

Q: What is the safety belt requirement for CMV drivers?

A: You must be properly restrained by a safety belt at all times while operating a commercial motor vehicle. The safety belt holds the driver securely behind the wheel during a crash, helping maintain vehicle control and reducing injury risk. Drivers not wearing safety belts are four times more likely to be fatally injured if thrown from the vehicle.

Q: What employment history must I provide when applying for a CDL job?

A: When applying for a commercial driving job, you must provide your employer with information on all driving jobs you have held for the past 10 years. This includes employment dates, employer names and contact information, positions held, and reasons for leaving. Employers use this information to verify your experience and check your safety record.

Summary

Understanding CDL disqualifications and rules is critical for maintaining your commercial driving career. Key points to remember:

• BAC limit for CMV operation is 0.04%—half the regular limit
• Major offenses result in 1-year minimum disqualification (3 years with hazmat, lifetime for second offense)
• Two serious traffic violations in 3 years = 60-day disqualification; three or more = 120 days
• Out-of-service violations have a 10-year lookback period
• Personal vehicle violations directly affect your CDL privileges
• IRP/IFTA records must be maintained for 4 years minimum

Ready to test your knowledge? Start practicing with our CDL Disqualifications and Rules questions.

See our Complete Guide to CDL Disqualifications and Rules for comprehensive information, or check our Quick Reference Cheat Sheet for penalties at a glance.