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Arizona CDL Commercial Motor Vehicle Disqualifications

In Arizona CDL Commercial Motor Vehicle Disqualifications will occur as a result of certain violations or convictions of a CDL license holder.  A “disqualification” means a person may not obtain a CDL license or drive a commercial motor vehicle.  The statute is A.R.S. § 28-3312, which provides as follows:

Permanent Disqualification

  • Conviction of using any vehicle during the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance.

Lifetime Disqualification

  • Two or more violations of any of the above committed in separate incidents after December 31, 1989.

Three Year Disqualification

  • A conviction of any of the above violations while transporting hazardous materials over a quantity requiring placarding.
  • Third or more violation of any out-of-service order during any ten period.
  • Second or more conviction for violation of an out-of-service order during any ten year period (while transporting hazardous material, or operating commercial vehicle designed or used to transport 16 or more passengers).

Two Year Disqualification

  • Second conviction of any out-of-service order during any ten year period.

One Year Disqualification

  • Refuses a breath or blood test in relation to a DUI investigation.
  • first time conviction of:
    • DUI while driving a commercial vehicle.
    • leaving the scene of an accident.
    • using a vehicle in the commission of a felony.
    • DUI while driving non-commercial vehicle.
    • Driving a commercial vehicle while CDL is revoked.
    • Causing a fatality by negligent operation of commercial vehicle.
    • Conviction of fraud related to the issuance of a CDL permit or license.
    • Third or more conviction for violating any federal, state, or local railroad crossing law.

Up to One Year Disqualification

  • A determination that CDL holder is driving in a manner that constitutes an imminent hazard.

6 Month Disqualification

  • First conviction of an out-of-service order, including while transporting hazardous material, or operating commercial vehicle designed or used to transport 16 or more passengers.

120 Day Disqualification

  • Conviction of a third or more serious traffic violation within a three year period.
  • Second conviction for violating any federal, state, or local railroad crossing law.

60 Day Disqualification

  • Conviction of two serious traffic violations within a three year period.
  • Falsified information or documentation as part of the licensing process.
  • Conviction for violating any federal, state, or local railroad crossing law.

Arizona Definition of a “Serious Traffic Violation”

The definition of a “serious traffic violation” is found in A.R.S. § 28-3312 (J) and includes the following offenses:

J. For the purposes of this section, “serious traffic violation” means a conviction or finding of responsibility for any of the following:

1. Excessive speeding involving a single offense for a speed of fifteen miles per hour or more above the posted speed limit.

2. Reckless driving as provided by section 28-693.

3. Aggressive driving as provided by section 28-695.

4. Racing as defined in section 28-708.

5. Improper or erratic traffic lane changes as provided by section 28-729.

6. Following the vehicle ahead too closely as provided by section 28-730.

7. A violation of this title that is connected with a fatal traffic accident.

8. Driving a commercial motor vehicle if the person has not been issued a valid commercial driver license pursuant to this chapter.

9. Driving a commercial motor vehicle without a commercial driver license in the person’s possession.

10. Driving a commercial motor vehicle without having a valid endorsement for the type of commercial motor vehicle or motor vehicle combination being operated.

Importance of Having an Experienced Arizona CDL Commercial Motor Vehicle Disqualifications Attorney

A CDL license represents a person’s livelihood.  The consequences are severe when faced with a potential CDL disqualification.  If you are facing a disqualification, or believe you may be facing a disqualification, call us for a free case evaluation.

 

 

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