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.
