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Commercial License Disqualification | Driving on a Disqualified License | Commercial DUI/DWI | CFR Violations
COMMERCIAL OPERATORS
Traffic violation penalties under Virginia law can have greater consequences when applied to commercial operators. Certain offenses can result in a commercial license disqualification which Virginia defines under §46.2-341.4 as:
a prohibition against driving, operating or being in physical control of a commercial motor vehicle for a specified period of time, imposed by a court or a magistrate, or by an authorized administrative or law-enforcement official or body.
A convi
ction for a serious traffic offense under Virginia code §46.2-341.20 can result in commercial operator disqualification. Serious traffic offenses have a specific application whenreferring to an individual with a commercial operator's license. For instance, the following offenses are considered serious when commited while operating a commercial vehicle:
- operating 15 miles or more over the posted speed limit
- reckless driving
- violation of a traffic law which results in a fatal accident
- improper or erratic traffic lane change
- following too closely
- driving a commercial vehicle without obtaining a commercial license
- driving a commercial vehicle without license in immediate possession
- driving a commercial vehicle without proper license classification
The first five of these offenses can result in commercial operator disqualification even when the operator is driving a noncommercial vehicle if at the time of the offense the driver held a commercial license and as a result of the conviction, the operator received a license suspension. The length of the disqualification depends upon the number of convictions. The following disqualification will result from any serious traffic convictions received within three (3) years:
- 60 day disqualification for two (2) serious offenses
- 120 day disqualification for any three (3) serious offenses
A conviction for any one of the following offenses under Virginia code §46.2-341.18 will disqualify a commercial operator for one (1) year if committed while operating a commercial vehicle or three (3) years if committed while operating a commercial vehicle while transporting hazerdous materials:
- driving while disqualified
- driving a commercial vehicle while intoxicated
Under the same code section, a conviction for any one of the following offenses will also disqualify a commercial operator for one (1) year regardless of whether the vehicle is commercial or noncommercial:
- driving while intoxicated
- maiming another as a result of driving while intoxicated
- refusing to submit to a blood alcohol test
- hit and run
- commission of a felony while operating a motor vehicle
A conviction of any two of the above violations under Virginia code §46.2-341.18 within a ten (10) year period will result in lifetime disqualification unless the convictions are the result of a violation of an out-of-service order which will then result in a five (5) year disqualification. With respect to the offenses of driving a commercial vehicle while intoxicated and refusal, an administrative or civil action notification from another jurisdiction is sufficient to invoke the disqualification penalties.
§46.2-341.21 Driving while disqualified
No person whose privilege to drive a commercial motor vehicle has been suspended or revoked or who has been disqualified from operating a commercial motor vehicle or who has been ordered out of service, and who has been given notice of, or reasonably should know of the suspension, revocation, disqualification, or out-of-service order shall operate a commercial motor vehicle anywhere in the Commonwealth until the period of such suspension, revocation, disqualification, or out-of-service order has terminated, nor shall any person operate on any highway any vehicle that has been declared out of service until such time as the out-of-service declaration has been lifted.
The penalty for a violation of this section is a Class 2 misdemeanor for a first offense and Class 1 for all subsequent offenses. If the offense is a violation of an out-of-service order, there is a sentence enhancement by way of a minimum fine of $1,500 up to a maximum of $5,000. A conviction for this offense will also result in a one (1) year disqualification.
More Driving on a Suspended License
There are three separate offenses in Virginia relating to driving under the influence while operating a commercial vehicle. The first offense under §46.2-341.24(A) is the same offense as found in §18.2-266 relating to driving under the influence. However, subsection (B) of §46.2-341.24 provides:
While this provision makes it an offense when the BAC level is .04% or greater, Virginia code §46.2-341.31provides:It shall be unlawful and a lesser included offense of an offense under provision (i), (ii), or (iv) of subsection A of this section for a person to drive or operate a commercial motor vehicle while such person has a blood alcohol concentration of 0.04 percent or more by weight by volume or 0.04 grams or more per 210 liters of breath as indicated by a chemical test administered in accordance with the provisions of this article.
No person shall drive a commercial motor vehicle while having any amount of alcohol in his blood, as measured by a test administered pursuant to the provisions of §§ 46.2-341.26:1 through 46.2-341.26:11. Any person found to have so driven a commercial motor vehicle shall be guilty of a traffic infraction.
For a detailed summary outlining the judicial penalties for a DUI/DWI conviction Select here
Commercial vehicle operation is a highly regulated industry with many rules established by the federal government and its agencies. Many of these rules are outlined within the Code of Federal Regulations or CFR and outline requirements for commercial vehicle operation and penalties for violations. Such violations include failure to properly maintain a logbook under 49 CFR 395.8 or maintenance of driver vehicle inspection reports required under 49 CFR 396.11. Violations of certain federal regulations can result in driver disqualification and in some cases, penalties for the motor carrier.