Commercial Motor Vehicle (CMV) Operators and the Law

• Commercial Motor Vehicle (CMV) Operators and the Law (pamphlet version) (08/2009)

A driver with a Class A, B, or C Commercial Driver License (CDL) is automatically licensed to operate both commercial and private (noncommercial) motor vehicles using one driver license.

However, if the driver commits an offense that requires the suspension or revocation of his/her driver license, the driver will lose all driving privileges, including commercial driving privileges.

A CDL holder, whose license is suspended or revoked cannot drive any CMV during the period of suspension or revocation. The CDL holder can only apply for limited driving privileges to operate private (noncommercial) vehicles.

What are some of the offenses that require the suspension or revocation of any driver license?

• Accumulation of points for traffic offenses occurring while operating any vehicle, such as speeding, careless driving, driving while intoxicated.
• Driving any motor vehicle with a .08% or more Blood Alcohol Content (BAC), or if under 21 years old driving with a .02% or more BAC (administrative suspension/revocation).
• Driving without insurance (administrative suspension).
• Refusal to submit to chemical testing when requested to do so by law enforcement (one year administrative revocation).
• Court-ordered suspension or revocation of license for a drug or alcohol related offense (Abuse and Lose administrative action against license).

Examples of point system violations:

• Drive While Disqualified - 2 points
• Excessive Speeding - 3 points
• Failure to Keep Right - 2 points
• Failure/Improper Signal - 2 points
• Following Too Close - 2 points
• Improper Lane - 2 points
• No Commercial Driver License - 2 points

Commercial Driver's Driving Record History

A commercial driver's driving history travels with the driver when he or she moves from state to state. A driver's history, prior to coming to Missouri, is shown on the Missouri driving record under "Informational Driving History." If serious or disqualifying traffic offenses are contained in the informational driving history and additional offenses are committed while licensed as a Missouri driver, all offenses in the informational driving history and the current offenses are used (evaluated) to determine if a disqualification of the commercial driving privilege is required.

Disqualifications

A disqualification is a loss of only commercial driving privileges for a specified period of time. During a disqualification, if the driver is not otherwise suspended or revoked, he or she can continue to drive private (non-commercial) motor vehicles without obtaining limited driving privileges.

A driver may be disqualified for the following convictions in this or any other state:

Failure to Appear Disqualification (Non-Member States)

• The “non-member states” (those that are currently not a member of the Driver License Compact) are Alaska California, Michigan, Montana, Oregon, and Wisconsin.  If a Missouri CDL driver fails to appear in court or pay for a traffic ticket received in a non-member state, Missouri will disqualify the driver upon notification from that state.  The disqualification will remain in effect until Missouri receives notification that the driver has satisfied the ticket.

60 Days Disqualification

• Two serious traffic convictions within three years if person is a CDL holder or if person is operating a CMV. Note: The three-year period will be based on violation date rather than conviction date. Serious traffic convictions include reckless driving, speeding 15 mph or more above the posted speed limit, improper or erratic lane changes, following too closely, any moving violation relating to a fatal crash, driving a CMV without obtaining a CDL, driving a CMV without CDL in possession, and driving a CMV without proper class of CDL or endorsement/restrictions.
• One railroad-highway grade crossing violation while person is operating a CMV.

90 Days Disqualification

• First traffic conviction for violating an out-of-service order while person is operating a CMV.

120 Days Disqualification

• Three or more serious traffic convictions within three years if person is a CDL holder or if person is operating a CMV. Note: The three-year period will be based on violation date rather than conviction date. Serious traffic convictions include reckless driving, speeding 15 mph or more above the speed limit, improper or erratic lane changes, following too closely, and any moving violation relating to a fatal crash. Serious traffic convictions also include driving a CMV without obtaining a CDL, driving a CMV without CDL in possession, and driving a CMV without proper class of CDL or endorsement/restrictions.
• Second railroad/highway grade crossing violation while person is operating a CMV.

180 Days Disqualification

• First traffic conviction for operating a CMV while under an out-of-service order.
• First traffic conviction for transporting hazardous materials while under an out-of-service order.
• First traffic conviction for transporting 15 passengers or more while under an out-of-service order.

1 Year Disqualification

• Driving a CMV with a BAC of 0.04% or higher.
• Driving while under the influence of alcohol or drugs if the person is a CDL holder or if person is operating a CMV.
• Refusing blood and/or breath test if the person is a CDL holder or if person is operating a CMV.
• Failing to stop at the scene of an accident if the accident causes injury or death.
• Using a CMV to commit a felony.
• Driving a CMV with a revoked, suspended, canceled, or disqualified privilege.
• Causing a fatality through the negligent or criminal operation of a CMV (includes the crimes of motor vehicle manslaughter, homicide by motor vehicle, and negligent homicide).
• Making a false statement on any application for a CDL.
• Third or subsequent railroad-highway grade crossing violation within three years while operating a CMV.

2 Year Disqualification

• Second traffic conviction within ten years for driving a CMV while out-of-service.

3 Year Disqualification

• First conviction for any one of the top seven violations listed under one-year disqualification while transporting hazardous materials.
• Third or subsequent conviction within ten years for violating out-of-service orders while operating a CMV.
• Second or subsequent conviction within ten years for violating an out-of-service order while operating a CMV and transporting hazardous materials or transporting 15 passengers or more.

Lifetime Disqualification

• Second conviction for any one of the top seven violations listed under one-year disqualification.
• First conviction for using a motor vehicle in the manufacture or illegal distribution of drugs. Not eligible for 10- year reinstatement.
• First conviction of using a commercial motor vehicle in the commission of a felony involving an act or practice of severe forms of trafficking in persons as defined and described in 22 U.S. C 7102(11). Not eligible for 10- year reinstatement.

Imminent Hazard Disqualification (not to exceed one year)

• Determination by the Federal Motor Carrier Safety Administration that a person's driving constitutes an imminent hazard

Masking of Traffic Violations for CDL Drivers Not Allowed

The courts are not allowed to defer imposition of sentence, suspend imposition of sentence, or allow a CDL holder or person required to have a CDL to enter into a diversion program that prevents a conviction regarding traffic control laws, in any type of vehicle, from appearing on the person's driving record.

Driver Improvement Programs

No driver improvement program in lieu of points is currently allowed for offenses that are committed in a CMV. Driver improvement programs are not allowed by any person for any offenses committed in a CMV or by any CDL holder whether the offenses are committed in a noncommercial or commercial motor vehicle.

Limited Driving Privileges

Limited Driving Privileges (LDP) will not be issued to operate a CMV during any period of suspension, revocation, cancellation, or disqualification.

Limited driving privileges:

• Allow continued driving, in a noncommercial vehicle, for employment or specified reasons during a period of suspension or revocation.
• Are not available at all during a period of disqualification of CDL privilege.
• Are not available for certain suspensions/revocations such as felonies or alcohol-related actions.
• Applications may be obtained at local license offices, or a petition may be filed with the circuit court in the county of residence or employment.

CDL with Hazardous Materials Endorsement Shall Expire No More than Five Years from the Date of the Background Check

Persons applying for or renewing a CDL with a hazardous materials (HazMat) endorsement must submit an application and fingerprints to the Transportation Security Administration (TSA) to obtain approval for the endorsement prior to issuance. Drivers pending the TSA assessment response will be eligible for one 90-day temporary CDL. Once approved, they will be issued a license with an expiration date not to exceed five years from the date of the TSA assessment. Commercial license holders with a HazMat endorsement will no longer be eligible for a 6-year license. These changes are due to the requirements of the USA PATRIOT ACT.

CDL with School Bus Endorsement

Persons who apply for a commercial or noncommercial driver license and want to operate a school bus owned or under contract with a public or private school will be required to complete the required written and skills testing and obtain a school bus (S) endorsement on his or her driver license. Prior to obtaining the S endorsement, the driver must take the written and skills test for the school bus endorsement. Commercial license holders are required to have a passenger (P) endorsement on the face of their CDL to be eligible for the S endorsement.

Drivers with a valid CDL from another state who wish to operate a school bus owned or under contract with a public or private school must also have the P and S endorsements issued pursuant to federal regulations.

Checks Before Issuance of a Driver License or Permit

Prior to issuance of a new, renewal, or duplicate commercial or noncommercial driver license or permit, a state shall request information from the National Driver Register and the Commercial Driver License Information System (CDLIS) regarding the individual's driver status.

Request for 10-Year Driving Record Information

Prior to issuance of a new or renewal commercial driver license, the state must request from any other state that has issued a driver license to the individual, all information about the driving record of the applicant and mark the record showing the check has been done.