5 years, 7 months ago Show
Felony or Misdemeanor possession? Part of the issue with a DRUG CONVICTION is getting a TWIC Card and HazMat Endorsement. Usually 7 years is the "magic number" for overcoming a criminal charge - but in some cases - companies can afford to be picky, due to the huge number of applicants they get. You also want to be wary, if you are going for training that is NOT COMPANY TRAINING (ie: private or public school trucking courses) - as they cannot guarantee you a job afterwards. We advise folks that choose this option to get PRE-HIRE LETTERS from companies - as this will at least tell you the company has looked over your basic application, and would be willing to hire you after graduation.
You might also want to check out these companies: Trucking Companies That Hire Drivers With Felonies, if you continue to get resistance from the major companies that hire new drivers (Swift/Prime/etc.). Rick CDL:Commercial Driver's License (CDL)A CDL is required to drive any of the following vehicles:
HAZMAT:Hazardous MaterialsExplosive, flammable, poisonous or otherwise potentially dangerous cargo. Large amounts of especially hazardous cargo are required to be placarded under HAZMAT regulations Pre-hire:What Exactly Is A Pre-Hire Letter?Pre-hire letters are acceptance letters from trucking companies to students, or even potential students, to verify placement. The trucking companies are saying in writing that the student, or potential student, appears to meet the company's minimum hiring requirements and is welcome to attend their orientation at the company’s expense once he or she graduates from truck driving school and has their CDL in hand. We have an excellent article that will help you Understand The Pre-Hire Process. A Pre-Hire Letter Is Not A Guarantee Of EmploymentThe people that receive a pre-hire letter are people who meet the company's minimum hiring requirements, but it is not an employment contract. It is an invitation to orientation, and the orientation itself is a prerequisite to employment. During the orientation you will get a physical, drug screen, and background check done. These and other qualifications must be met before someone in orientation is officially hired. TWIC:Transportation Worker Identification CredentialTruck drivers who regularly pick up from or deliver to the shipping ports will often be required to carry a TWIC card. Your TWIC is a tamper-resistant biometric card which acts as both your identification in secure areas, as well as an indicator of you having passed the necessary security clearance. TWIC cards are valid for five years. The issuance of TWIC cards is overseen by the Transportation Security Administration and the Department of Homeland Security. OOS:When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected. Updated on 06/15/2022 / Under Traffic Law
The general rule is that a person who is disqualified to have a CDL is not allowed to drive a CMV. If a driver is disqualified, an employer is not allowed to permit or allow him or her to drive. That is why both the driver and the employer should be aware of the grounds for disqualification in order not to commit a violation of the law.  Commercial driving requires a high standard of care that is why the Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to have their CDL. However, there are instances when a person is disqualified to get one as provided in 49 CFR 383.51 of the FMCSA regulation.
What Felonies Disqualify you From Getting a CDL?Under the Influence of AlcoholA CMV driver who drives under the influence of alcohol is mandatorily disqualified. The offense pertains strictly to CMV, not personal vehicles. However, there are instances when such offense is applied to personal vehicles depending on the standard imposed by the State. Moreover, the 0.04 percent limit is also implemented to disqualify CMV drivers especially if they reach or even exceed the said limit. This is true to any person with CDL, even if the CMV driver is off-duty. It means that the same is applied regardless of the duty status of the driver.
Under the Influence of a Controlled SubstanceIn Illinois, the mere possession of a controlled substance is considered a felony punishable by law. Under California Health and Safety Code, it is illegal to be under the influence of a controlled substance and such an act is an offense for a misdemeanor. That is why a CMV driver who is found to be under the influence of a controlled substance as provided in the Controlled Substance Act (CSA) or cannabis as provided in the Cannabis Control Act (CCA) shall be disqualified from getting a CDL for a year, as the minimum. Refusal to Take an Alcohol TestAccording to FMCSA, if a driver refuses to submit himself to an alcohol test, or a drug test, it is assumed that the driver is positive for alcohol or drugs, per se. The driver is then prohibited from performing a safety-sensitive function such as driving a CMV. It is worth noting that in case of the refusal to take the required test, the possession of the CDL in accordance with the procedure under the Administrative License Revocation (ALR) and the issuance of the temporary license interpreted as a receipt are authorized under the law. Such receipt can be used by the driver up to the extent authorized by law since the CDL taken from the driver is still valid until the administrative revocation of the CDL prospers. Leaving an Accident SceneAccidents are unexpected, but drivers, especially CMV drivers, are required to literally not leave the scene of the accident in case it will occur. The law, or even conscience, requires drivers to stop, give aid or report to the authority, or notify the family, operator or owner of the other party. In Cook County, leaving an accident scene is either a misdemeanor or a felony depending on the degree of damage it caused. If what is damaged is merely property, the driver may be charged with a misdemeanor. But if there is injury or death, then the charge may escalate to a felony. Driving a CMV When not Allowed by LawA driver is not allowed to drive a CMV if his license was already canceled, suspended, or revoked, much more if he is disqualified by law. It is worth noting that under the guidance provided by FMCSA, a driver is disqualified to operate a CMV even if he has a valid CDL issued by the State where he resides, but is suspended in other States due to violations of the law, even if it should not be related to a motor vehicle traffic control law. Negligent Driving of a CMV Resulting in a FatalityAccording to an article found in Frederick and Hagle, the number of accidents in Illinois is high given the fact that Chicago is a prominent commercial destination in the US. The last time the Illinois Department of Transportation released statistics regarding truck accidents was in 2014. It shows that 10% of the 11,000 accidents involving semi-trailer trucks is the fatality rate. In truck accidents, 95% is the fatality rate and 1,902 pedestrians and motorists are injured. Negligent driving resulting in fatality includes negligent homicide, homicide by motor vehicle, and motor vehicle manslaughter. These are felonies that disqualify you from getting a CDL. The vehicle used to commit a felony and other felonies involving the manufacturing, distributing or dispensing a controlled substance According to All Trucking, not all felonies are grounds to disqualify a driver from getting a CDL. But, there are offenses which do not allow a driver to get one, including those above mentioned and other felonies such as arson, bribery, extortion, smuggling, treason, kidnapping, and others as provided by law. The Disqualification for Serious Traffic Violations IncludesExcessive SpeedingA CMV driver who runs a vehicle with 24.1kmph speed or more is violative of the rule. It is worth noting that a driver is disqualified for “excessive speeding” violation only if such is committed in a CMV. The driver is not disqualified if the violation merely involves his personal passenger vehicle. Reckless DrivingIn Illinois, a driver who is found to be driving recklessly could be taken into custody by the police officer, especially if it is a CMV. Not only that, the vehicle will be towed and such will be a ground for the disqualification of the CDL. Driving a vehicle in a wanton or willful manner without regard to the safety of persons or property is considered as reckless driving. Improper or Erratic Traffic Lane ChangesHere are some of the common forms of improper or erratic traffic lane changes:
Too Close to Another VehicleAccording to an article in Smart Motorist, the two-second rule is the quickest and easiest way for a safe following distance. The reason for this is that the distance covered in two seconds is greater if the speed you travel is faster. That’s why you need to maintain the two-second rule regardless of the speed traveled. Driving a CMV without CDL or with CDL but not in Possession ofThe law requires that a CMV driver should have a CDL, otherwise he is not allowed to drive a CMV. A CDL is a privilege granted to those who are qualified, as CMV drivers require skills in order to operate it smoothly. And to ensure that a driver is licensed, he should possess it every time he drives a CMV. Texting and Using of Electronic Device while DrivingIllinois law prohibits the use of electronic devices while driving CMV, even if the traffic lights are red. Such is a serious traffic violation that may disqualify the CDL of the driver for two months if two serious traffic violations are committed within three years. There are actually more disqualifications provided by law. But, we’ll tackle that in the next article. Now, you should know the reason why you have to get a CDL. Why CDL is Required?The degree of skills and knowledge required to drive commercial vehicles is different from driving a personal passenger vehicle. It is for that reason that Illinois requires CMV drivers to obtain CDL, be that a charter bus, a school bus, a tank vehicle, or a semi-truck. Perhaps, it’s already a privilege if you are granted a CDL because not all people are allowed to drive 18-wheelers, delivery trucks, or large equipment vehicles. Having your CDL revoked or suspended is a serious matter, that’s why in case of a moving violation, you have to contact an experienced Chicago CDL attorney. If in case your loved one is involved with a truck accident and if you are not sure whether or not the driver has a CDL, or is required to have one, you can file a claim against the driver. If you have questions, don’t hesitate to contact one of our best DUI attorneys at Ktenas Law! home smartphone bubble cross arrow-rightWhat disqualifies you from getting a CDL in SC?You will not be able to hold a CDL if you have committed any of the following violations: Operated a commercial vehicle with a revoked, suspended, or canceled CDL. Caused a death through the negligent or criminal operation of a commercial vehicle. Operated a commercial vehicle without a CDL.
What disqualifies you from getting a CDL in Washington state?Washington Disqualifications
Conviction in court for driving a motor vehicle under the influence of alcohol or drugs. Deferred prosecution (DUI conviction) Driving a commercial motor vehicle with a blood alcohol content of 0.04 or more. Refusing to submit to a breath or blood test while driving any motor vehicle.
What disqualifies you from getting a CDL in Missouri?You must not have more than one driver's license, and your driving privileges must not be suspended, revoked, canceled or disqualified in Missouri or any other state. You must meet the medical requirements of the Federal Motor Carrier Safety Regulations.
What disqualifies you from getting a CDL in Georgia?Offenses That Can Trigger a Disqualification of Your CDL
DUI with a CDL. Serious Traffic Offense. Major Traffic Violation. Railroad Crossing Offense.
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