Page 51 - 2021 2022

SECTION 10 : LOSING YOUR DRIVING PRIVILEGES

• 1st or 2nd suspension for accumulation of • Failure to report striking an unattended • Driving a commercial motor vehicle without
15 or more points within a 24 month period; vehicle; a commercial driver´s license in your imme-
• 3rd controlled substance violation after a 2 • Failure to report striking a fixed object; diate possession, but not if it is because your
year suspension and age 21 or over; commercial driving privileges have been sus-
• Failure to report a crash; pended, revoked, canceled, or disqualified;
• Homicide by vehicle 2nd Degree (age 21 or

over); • Any felony in the commission of which a • Driving a commercial motor vehicle without
motor vehicle is used; a commercial driver´s license of the proper
• Any felony in the commission of which a class and endorsements for the specific ve-
motor vehicle is used (age 21 or over); • Driving a CMV while the CDL is revoked, hicle you are operating or for the passengers
suspended, canceled, or disqualified;
• Using a motor vehicle in fleeing or attempting or type of cargo you are transporting;
to elude an officer (age 21 or over); • Homicide by vehicle; • Use of a wireless device for text based com-
• Fraudulent or fictitious use of, or application • Racing; munications while operating a commercial
for, a license/ID card (age 21 or over); • Using a motor vehicle in fleeing or attempting motor vehicle.
• Hit and run or leaving the scene of a crash to elude an officer; Other Violations

(age 21 or over); • Fraudulent or fictitious use of, or application
• Racing (age 21 or over); for, a license/ID card; A felony conviction involving the manufac-
• Operating a motor vehicle with a revoked, • Operating a motor vehicle with a revoked, turing, distribution, trafficking or possession
canceled, or suspended registration (age 21 canceled, or suspended registration; of a controlled substance or marijuana using a
or over); • Commercial vehicle cargo theft; or CMV (other than mere felony possession) will
result in a lifetime disqualification of commer-
• If approved by the sentencing Court Judge • Refusal to submit to state administered cial driving privileges.
involving license suspensions for certain chemical testing when requested by a law Violation of an out-of-service order will result
drug offenses enforcement officer. in a disqualification of:
In all cases, the Department will make If convicted of any of these offenses while • not less than 180 days and not more than one
the final determination of eligibility for a you are operating a CMV that is placarded for year for a 1st offense;
limited driving permit. Please contact DDS hazardous materials, you will be disqualified • not less than 2 years and not more than 5
at 678-413-8400 for further information. from driving a CMV for at least three years for years for a 2nd offense; and
a first offense.
Commercial Driving A second conviction from a separate incident • not less than 3 years and not more than 5
Disqualifications of any of these major traffic violations will re- years for a 3rd or subsequent incidents.
sult in a lifetime disqualification of commercial An additional disqualification period will
driving privileges.
When commercial driving privileges are dis- apply when an out-of-service order is violated
qualified, the licensee is prohibited from operat- Serious Traffic Violations while transporting hazardous materials or
ing a Commercial Motor Vehicle (CMV). Com- transporting more than 15 passengers.
mercial driving privileges can be disqualified Your commercial driving privileges will be Conviction of any railroad grade crossing

even if you do not have a commercial driver’s disqualified for a period of 60 days upon a sec- offense while operating a CMV will also result
license (CDL). If you do not have a CDL, but your ond conviction in three years for a serious traffic in a disqualification of 60 days for a 1st offense
commercial driving privileges are disqualified, violation (provided that the two convictions up to 1 year for a third or subsequent violation
you will not be eligible to obtain a CDL during arose from separate incidents). Your commer- within a 3 year period.
the period of the disqualification. cial driving privileges will be disqualified for a
The commercial driving privileges can be period of 120 days upon a third or subsequent
withdrawn for: conviction in three years for a serious traffic

violation (provided that the various convictions

• Conviction of a Major traffic violation; arose from separate incidents).
The following violations are defined as “seri-
• Conviction of two or more Serious traffic
violations; ous traffic violations” when committed in this
state, or any other state, when operating either a

• Use of a CMV in the commission of any felo- CMV or, unless otherwise specified, a noncom-
ny involving a controlled substance or mari- mercial motor vehicle:
juana (other than mere felony possession);
• Speeding 15 or more miles per hour above
• Violation of an out-of-service order; or the posted speed limit;
• Conviction of a railroad grade crossing of- • Reckless driving;
fense in a CMV.
• Following another vehicle too closely;
Major Traffic Violations • Improper or erratic lane change, including
The commercial driving privileges of any failure to signal a lane change;
person convicted of one of the following “major • A violation of state law or a local ordinance
traffic violations” in this state, or any other state, relating to motor vehicle traffic control aris-
in a commercial or, unless otherwise specified, ing in connection with a fatal crash, excluding
a noncommercial vehicle will be disqualified parking, weight, length, height, and vehicle
for one year:
defect violations, and excluding homicide
• Driving a CMV if your BAC is .04 gm. or by vehicle;
higher;
• A railroad grade crossing violation in a non-
• DUI; commercial motor vehicle;
• Hit and run or leaving the scene of a crash; • Driving a commercial motor vehicle without
obtaining a commercial driver´s license;
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