Any driving infraction is a major issue when you have a commercial driver’s license. The typical penalty for reckless driving is a fine and/or driver’s education. A CDL driver’s licence and a job could be at risk if they are convicted of reckless driving. Driving recklessly while operating a commercial motor vehicle (CMV) is a major moving violation (MVC) in the state of Pennsylvania. It’s possible that your CDL will be revoked because of this, depending on your driving record. Try telling your employer that you won’t be able to drive for the next six months. Is it more likely that they will wait for you to come through, or find someone else to do the job?
A conviction for reckless driving results in a licence suspension for six months! If you have been convicted of any two additional serious traffic offences within the last three years, the suspension period may be extended. This careless breach should be treated as such, and you should seek out competent legal counsel as soon as possible. Mike Sherman is a truck driver advocate who has helped many clients reduce fines and charges while keeping them on the road for years.
A serious traffic offence (STO) is defined as what?
Infractions that fall under the category of “serious traffic offences” are listed in the following table. Two of these major traffic violations within three years will result in a 60-day suspension from operating a CMV. With three or more serious traffic convictions in a 3-year period, you will lose your CDL privileges for a minimum of 120 days. For most of these infractions to qualify as STOs, the vehicle must be a CMV. For convictions involving alcohol in South Carolina, a commercial driver’s licence suspension is possible. Commercial drivers in South Carolina face unique and more severe consequences in the event of driving under the influence (DUI) or other traffic violations. We use the term “disqualified” rather than “suspended” because, in some cases, a CDL holder may still be allowed to operate a non-commercial vehicle, even after losing CDL privileges.
A South Carolina commercial driver’s licence holder is disqualified from operating a commercial vehicle for a period of one year in case the driver has been convicted of any of the following: Is Found Guilty of Driving While Intoxicated or Operating a Vehicle With an Unlawful Alcohol Concentration
Provides a breath sample with a BAC of 0.04 or higher after being arrested for DUI while operating a commercial vehicle; or Refuses to submit to a blood, urine, or breath test.
Further, a conviction for driving under the influence while transporting hazardous materials will result in a 3-year suspension of your commercial driver’s license. With two DUI convictions, you will lose your CDL for good.
South Carolina’s Additional CDL Disqualifying Violations
While we’re on the topic of driving under the influence and commercial driver’s licences, let’s talk about some additional offences that might result in the suspension of your CDL.
Commercial driver’s licence holder in South Carolina will lose their privileges for a year if they are convicted of any of the following offences during that time frame:
causes an accident and then runs away.
commits a crime while operating a motor vehicle. commits an offence while operating a commercial motor vehicle that results in the suspension, cancellation, or revocation of the driver’s license. negligently operating a commercial vehicle leading to death. The suspension lasts for 3 years if the person was disqualified for carrying placarded hazardous materials.
A CDL holder will be permanently disqualified if they are convicted of a second offence for any of the listed violations. Commercial driver’s licence holder will lose their privileges permanently if they are found guilty of any felony that requires the use of a commercial motor vehicle (not just the possession of a controlled substance). Two serious traffic convictions within three years will result in a CDL holder being disqualified for 60 days; three convictions within three years will result in a disqualification for 120 days. Some examples of “serious traffic offences” include the following:
- Exceeding the posted speed limit by at least 15 miles per hour.
- Intentional or wanton endangerment of others when operating a commercial vehicle is considered reckless driving.
- The improper or inconsistent switching of lanes in a traffic situation.
- Too close for comfort.
Intentional or negligent violation of a traffic law that results in death or serious injury.
Operating a commercial vehicle without first obtaining the proper licencing to do so is a serious offence. Lacking a Commercial Driver’s License while operating a commercial vehicle. Operating a commercial motor vehicle without holding a valid licence with the appropriate class, endorsements for the vehicle group, passengers, cargo, or both are illegal.
And any other violations of 49 C.F.R. 383.5 and 383.51.
Our state law (Section 56-1-2220) makes it illegal for a person to operate a commercial vehicle if the DMV receives information that they have failed or refused a drug or alcohol test. The ban will remain in effect until the individual has completed drug and alcohol treatment that complies with federal standards. If a person receives one of these disqualifying punishments three times within a five-year period, they will be permanently banned from participating.