Commercial Driver's License Violations

Commercial Driver's Licenses

Georgia law impacts commercial drivers (CDL holders) to a much higher standard than regular licensees, and the consequences imposed are significantly higher. For example, one or two minor traffic tickets may result only in license points for a regular licensee, but for a CDL holder it may trigger a license suspension. This can result in lost employment opportunities and the inability to work. Offenses that cause commercial disqualification are divided into four distinct categories:

1. Major Traffic Violations

A first conviction of a major offense results in a one year disqualification of all commercial driving privileges, and a second results in a lifetime disqualification of all commercial driving privileges. Major violations include:

Failure to report an accident
Vehicular homicide
Driving a CMV while CDL is suspended or disqualified
DUI or BAC greater than 0.04 when operating a CMV
Driving under the influence of a controlled substance
Refusing field sobriety test
Committing a felony with a vehicle

2. Serious Moving Violations

Georgia commercial drivers can have their license suspended for 60 days if convicted of two serious traffic violations within a three-year period. A third conviction results in a 120 day license suspension, even if it occurs in a personal vehicle. Serious traffic violations include:

Speeding greater than 15 MPH over the limit
Reckless driving
Improper lane change
Following too closely
Operating a CMV without a CDL of the proper class and/or endorsements for the specific vehicle being operated or for the passengers or type of cargo transported.
Use of a wireless telecommunications device while driving a CMV

3. Railroad Grade Crossing Violations (RGCV)

A disqualification for a conviction of these offenses will be imposed when they occur as separate incidents within a three-year period, measured from the date of conviction. The disqualification period ranges from 60 days to one year.

4. Out-of-Service Order Violations

An out-of-service order is a temporary withdrawal of the privilege to operate a CMV. It may be imposed against either the driver or the vehicle. Disqualifications for violating an out-of-service order will be applied when they occur within a 10-year period as measured from the violations dates for which the convictions were obtained. By definition this offense must occur in a CMV