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1.3 - CDL Disqualifications
1.3.1 – General
You may not drive a commercial motor vehicle if you
are disqualified for any reason.
1.3.2 – Alcohol, Leaving the Scene of an
Accident, and Commission of a Felony
It is illegal to operate a CMV if your blood alcohol
concentration (BAC) is .04% or more. If you operate
a CMV, you shall be deemed to have given your
consent to alcohol testing.
You will lose your CDL for at least one year for a first
offense for:
Driving a CMV if your blood alcohol concentration
is .04% or higher.
Driving a CMV under the influence of alcohol.
Refusing to undergo blood alcohol testing.
Driving a CMV while under the influence of a
controlled substance.
Leaving the scene of an accident involving a CMV.
Committing a felony involving the use of a CMV.
Driving a CMV when the CDL is suspended.
Causing a fatality through negligent operation of a
CMV.
You will lose your CDL for at least three years if the
offense occurs while you are operating a CMV that
is placarded for hazardous materials.
You will lose your CDL for life for a second offense.
You will lose your CDL for life if you use a CMV to
commit a felony involving controlled substances.
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Commercial Driver’s License Manual – 2005 CDL Testing System
You will be put out-of-service for 24 hours if you
have any detectable amount of alcohol under .04%.
1.3.3 – Serious Traffic Violations
Serious traffic violations are excessive speeding (15
mph or more above the posted limit), reckless
driving, improper or erratic lane changes, following
a vehicle too closely, traffic offenses committed in a
CMV in connection with fatal traffic accidents,
driving a CMV without obtaining a CDL or having a
CDL in the driver’s possession, and driving a CMV
without the proper class of CDL and/or
endorsements.
You will lose your CDL:
For at least 60 days if you have committed two
serious traffic violations within a three-year period
involving a CMV.
For at least 120 days for three or more serious
traffic violations within a three-year period involving
a CMV.
1.3.4 – Violation of Out-of-Service Orders
You will lose your CDL:
[For at least 90 days if you have committed your
first violation of an out-of-service order.
For at least one year if you have committed two
violations of an out-of-service order in a ten-year
period.
For at least three years if you have committed
three or more violations of an out-of-service order
in a ten-year period].
1.3.5 – Railroad-highway Grade Crossing
Violations
You will lose your CDL:
For at least 60 days for your first violation.
For at least 120 days for your second violation
within a three-year period.
For at least one year for your third violation within a
three-year period.
These violations include violation of a federal, state
or local law or regulation pertaining to one of the
following six offenses at a railroad-highway grade
crossing:
For drivers who are not required to always stop,
failing to stop before reaching the crossing if the
tracks are not clear.
For drivers who are not required to always stop,
failing to slow down and check that the tracks are
clear of an approaching train.
For drivers who are always required to stop, failing
to stop before driving onto the crossing.
For all drivers failing to have sufficient space to
drive completely through the crossing without
stopping.
For all drivers failing to obey a traffic control device
or the directions of an enforcement official at the
crossing.
For all drivers failing to negotiate a crossing
because of insufficient undercarriage clearance.
1.3.6 – Hazardous Materials Endorsement
Background Check and Disqualifications
If you require a hazardous materials endorsement
you will be required to submit your fingerprints and
be subject to a background check.
You will be denied or you will lose your hazardous
materials endorsement if you:
Are not a lawful permanent resident of the United
States.
Renounce your United States citizenship.
Are wanted or under indictment for certain felonies.
Have a conviction in military or civilian court for
certain felonies.
Have been adjudicated as lacking mental capacity
or have been involuntarily committed to a mental
health facility as specified in §1572.109.
Are considered to pose a security threat as
determined by the Transportation Security
Administration.
The background check procedures vary from
jurisdiction to jurisdiction. Your licensing agency
will provide you with all the information you need to
complete the required TSA background check
procedures.
1.3.7 – Traffic Violations in Your Personal
Vehicle
The Motor Carrier Safety Improvement Act
(MCSIA) of 1999 requires a CDL holder to be
disqualified from operating a commercial motor
vehicle if the CDL holder has been convicted of
certain types of moving violations in their personal
vehicle.
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If your privilege to operate your personal vehicle is
revoked, cancelled, or suspended due to violations
of traffic control laws (other than parking violations)
you will also lose your CDL driving privileges.
If your privilege to operate your personal vehicle is
revoked, cancelled, or suspended due to alcohol,
controlled substance or felony violations, you will
lose your CDL for 1 year. If you are convicted of a
second violation in your personal vehicle or CMV
you will lose your CDL for life.
If your license to operate your personal vehicle is
revoked, cancelled, or suspended you may not
obtain a “hardship” license to operate a CMV.
1.4 – Other CDL Rules
There are other federal and state rules that affect
drivers operating CMVs in all states. Among them
are:
You cannot have more than one license. If you
break this rule, a court may fine you up to $5,000
or put you in jail and keep your home state license
and return any others.
You must notify your employer within 30 days of
conviction for any traffic violations (except parking).
This is true no matter what type of vehicle you
were driving.
You must notify your motor vehicle licensing
agency within 30 days if you are convicted in any
other jurisdiction of any traffic violation (except
parking). This is true no matter what type of vehicle
you were driving.
You must notify your employer within two business
days if your license is suspended, revoked, or
canceled, or if you are disqualified from driving.
You must give your employer information on all
driving jobs you have held for the past 10 years.
You must do this when you apply for a commercial
driving job.
No one can drive a commercial motor vehicle
without a CDL. A court may fine you up to $5,000
or put you in jail for breaking this rule.
If you have a hazardous materials endorsement
you must notify and surrender your hazardous
materials endorsement to the state that issued
your CDL within 24 hours of any conviction or
indictment in any jurisdiction, civilian or military, for,
or found not guilty by reason of insanity of a
disqualifying crime listed in 49 CFR 1572.103; who
is adjudicated as lacking mental capacity or have
been involuntarily committed to a mental institution
as specified in 49 CFR 1572.109; or who
renounces his or her U. S. citizenship;
Your employer may not let you drive a commercial
motor vehicle if you have more than one license or
if you’re CDL is suspended or revoked. A court
may fine the employer up to $5,000 or put him/her
in jail for breaking this rule.
All states are connected to one computerized
system to share information about CDL drivers.
The states will check on drivers' accident records
to be sure that drivers do not have more than one
CDL.
You are not allowed to hold a mobile telephone to
conduct a voice communication or dial a mobile
telephone by pressing more than a single button
when driving.
You are not allowed to send or read text messages
while driving.
You must be properly restrained by a safety belt
at all times while operating a commercial motor
vehicle. The safety belt design holds the driver
securely behind the wheel during a crash,
helping the driver to control the vehicle and
reduces the chance of serious injury or death. If
you do not wear a safety belt, you are four times
more likely to be fatally injured if you are thrown
from the vehicle.
Your state may have additional rules that you
must also obey.
1.5 – International Registration Plan
International Fuel Tax Agreement
If you operate a CDL required vehicle in interstate
commerce, the vehicle, with few exceptions, is
required to be registered under the International
Registration Plan (IRP) and the International Fuel
Tax Agreement (IFTA). These federally mandated
programs provide for the equitable collection and
distribution of vehicle license fees and motor fuels
taxes for vehicles traveling throughout the 48
contiguous United States and 10 Canadian
provinces.
Under the IRP, jurisdictions must register
apportioned vehicles which includes issuing license
plates and cab cards or proper credentials,
calculate, collect and distribute IRP fees, audit
carriers for accuracy of reported distance and fees
and enforce IRP requirements.
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Registrant responsibilities under the Plan include
applying for IRP registration with base jurisdiction,
providing proper documentation for registration,
paying appropriate IRP registration fees, properly
displaying registration credentials, maintaining
accurate distance records, and making records
available for jurisdiction review.
The basic concept behind IFTA is to allow a licensee
(motor carrier) to license in a base jurisdiction for
the reporting and payment of motor fuel use taxes.
Under the IFTA, a licensee is issued one set of
credentials which will authorize operations through
all IFTA member jurisdictions. The fuel use taxes
collected pursuant to the IFTA are calculated based
on the number of miles (kilometers) traveled and the
number of gallons (liters) consumed in the member
jurisdictions. The licensee files one quarterly tax
return with the base jurisdiction by which the
licensee will report all operations through all IFTA
member jurisdictions.
It is the base jurisdiction's responsibility to remit the
taxes collected to other member jurisdictions and to
represent the other member jurisdictions in the tax
collection process, including the performance of
audits.
An IFTA licensee must retain records to support the
information reported on the IFTA quarterly tax return
The IRP registrant and the IFTA licensee may be
the vehicle owner or the vehicle operator.
The requirement for acquiring IRP plates for a
vehicle and IFTA license for a motor carrier is
determined by the definitions from the IRP Plan and
the IFTA for Qualified Vehicle and Qualified Motor
Vehicle:
For purposes of IRP:
A Qualified Vehicle is (except as provided below)
any Power Unit that is used or
intended for use in two or more Member
Jurisdictions and that is used for the transportation
of persons for hire or designed, used, or maintained
primarily for the transportation of property, and:
(i) has two Axles and a gross Vehicle weight or
registered gross Vehicle weight in
(ii) excess of 26,000 pounds (11,793.401
kilograms), or
(iii) has three or more Axles, regardless of weight,
or
(iv) is used in combination, when the gross Vehicle
weight of such combination exceeds 26,000
pounds (11,793.401 kilograms).
While similar, the Qualified Motor Vehicle in IFTA
means a motor vehicle used, designed, or
maintained for transportation of persons or property
and:
1) Having two axles and a gross vehicle weight
or registered gross vehicle weight exceeding
26,000 pounds or 11,797 kilograms; or
2) Is used in combination, when the weight of
such combination exceeds 26,000 pounds or
11,797 kilograms gross vehicle or registered
gross vehicle weight. Qualified Motor Vehicle
does not include recreational vehicles.
If the vehicle you operate is registered under IRP
and you are a motor carrier licensed under IFTA,
then you are required to comply with the
mandatory record keeping requirements for
operating the vehicle. A universally accepted
method of capturing this information is through the
completion of an Individual Vehicle Distance
Record (IVDR), sometimes times referred to as a
Driver Trip Report. This document reflects the
distance traveled and fuel purchased for a vehicle
that operates interstate under apportioned (IRP)
registration and IFTA fuel tax credentials.
Although the actual format of the IVDR may vary, the
information that is required for proper record keeping
does not.
In order to satisfy the requirements for Individual
Vehicle Distance Records, these documents must
include the following information:
Distance
Per Article IV of the IRP Plan
(i) Date of trip (starting and ending)
(ii) Trip origin and destination – City and State
or Province
(iii) Route(s) of travel
(iv) Beginning and ending odometer or
hubometer reading of the trip
(v) Total distance traveled
(vi) In-Jurisdiction distance
(vii) Power unit number or vehicle identification
number.
Fuel
Per Section P560 of the IFTA Procedures Manual
.300 An acceptable receipt or invoice must
include, but shall not be limited to, the following:
.005 Date of purchase
.010 Seller's name and address
.015 Number of gallons or liters purchased;
.020 Fuel type
.025 Price per gallon or liter or total amount of
sale
.030 Unit number or other unique vehicle
identifier
.035 Purchaser's name
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Commercial Driver’s License Manual – 2005 CDL Testing System
An example of an IVDR that must be completed in
its entirety for each trip can be found in Figure 1
below. Each individual IVDR should be filled out for
only one vehicle. The rules to follow when trying to
determine how and when to log an odometer
reading are the following:
▪ At the beginning of the day
▪ When leaving the state or province
▪ At the end of the trip/day
Not only do the trips need to be logged, but the fuel
purchases need to be documented as well. You must
obtain a receipt for all fueling and include it with your
completed IVDR.
Make sure that any trips that you enter are always
filled out in descending order and that your trips
include all state/provinces that you traveled through
on your route.
There are different routes that a driver may take,
and most of the miles may be within one state or
province. Whether or not the distance you travel is
primarily in one jurisdiction or spread among several
jurisdictions, all information for the trip must be
recorded. This includes the dates, the routes,
odometer readings and fuel purchases. By
completing this document in full and keeping all
records required by both the IRP and the IFTA, you
will have ensured that you and your company are in
compliance with all State and Provincial laws
surrounding fuel and distance record keeping
requirements.
The IVDR serves as the source document for the
calculation of fees and taxes that are payable to the
jurisdictions in which the vehicle is operated, so
these original records must be maintained for a
minimum of four years.
In addition, these records are subject to audit by the
taxing jurisdictions. Failure to maintain complete
and accurate records could result in fines, penalties
and suspension or revocation of IRP registrations
and IFTA licenses.
For additional information on the IRP and the
requirements related to the IRP, contact your base
jurisdiction motor vehicle department or IRP, Inc.
the official repository for the IRP. Additional
information can be found on the IRP, Inc. website at
www.irponline.org. There is a training video on the
website home page available in English, Spanish
and French
For additional information on IFTA and the
requirements related to IFTA, contact the
appropriate agency in your base jurisdiction. You
will also find useful information about the
Agreement at the official repository of IFTA at
http://www.iftach.org/index.php.
Figure 1 – Individual Vehicle Mileage & Fuel Record (Example)
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