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Q

I have got a speeding ticket for 16 over the posted speed limit. Could I lose my CDL?


A

This speeding ticket could affect your driving privileges with your Commercial Driver's License (CDL). As you know since you have a CDL you have stricter guidelines to follow though besides getting too many points you can get your CDL suspended for other reasons. According to the Commercial Motor Vehicle Safety Act, you can lose your CDL:

  • For at least 60 days if you have committed two (2) serious traffic violations within a 3-year period involving a CMV.
  • For at least 120 days for three (3) serious traffic violations within a 3-year period. "Serious traffic violations" include but are not limited to traffic offenses committed in a CMV in connection with fatal traffic accidents, excessive speeding (15 mph or more above the posted limit), reckless driving, or eluding the police.

So this ticket for 16 mph over may affect your CDL depending upon your full driving record. As you are likely aware there is the Federal Commercial Motor Vehicle Safety Act of 1986 that established minimum national standards which States must meet when licensing CMV drivers.

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Speeding 15 mph or more in a commercial motor vehicle (CMV) is considered to be speeding excessively and thus a serious offense. If convicted of two Serious Traffic violations in a CMV within any three-year period, your CDL will be disqualified for 60 days.

Your CDL will be disqualified for 120 days if convicted of three or more Serious Traffic violations in a CMV within any three-year period. Additionally, if convicted of a Serious Traffic violation in a private passenger vehicle and your private passenger vehicle driving privileges are suspended as a result thereof, your CDL may also be disqualified accordingly.

So if this speeding violation is your second serious offense within 3 years than your CDL should be disqualified for 60 days. Remember as a CDL holder you do not have the option of taking a traffic school course to dismiss your ticket. FMCSA rules prohibit any state from offering any diversion on traffic offenses committed by a CDL holder. If a CDL holder is convicted of a traffic violation, the conviction must be recorded on the driving record, and any subsequent suspension against the CDL must occur if the laws call for it.

If you are also worried about points on your driving record you would need to contact your state's Department of Motor Vehicles to see the amount of points this offense will put on your motor vehicle record (MVR).


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