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Q

I got a speeding ticket in Oregon going 55 in a 35 while driving my personal car. Can that effect my CDL driver's license in Oregon?


A

It is possible that a speeding ticket for 30 mph over the posted limit could affect your Commercial Driver's License (CDL) however typically you must get two serious offenses against your driving record before action will be taken against your CDL.

Though the violation was in your personal vehicle it will go on your driving record and a speeding ticket of 15 mph or more is thought to be serious for a CDL holder so one of 30 over is definitely serious. Many companies will not hire a truck driver with a serious ticket on their motor vehicle record (MVR).

The Oregon Department of Motor Vehicles (DMV) notes they will suspend your commercial driving privileges for 60 days if you are convicted of two of the offenses listed below within a three year period. The OR DMV will suspend your commercial driving privileges for 120 days if you are convicted of three or more of these offenses within a three year period.

While operating any type of motor vehicle (commercial or non-commercial) while holding a valid CDL:

  • Reckless Driving (ORS 811.140);
  • Exceeding the speed limit while driving 100 mph or more; or
  • Exceeding the speed limit by 30 mph or more when the court imposes a suspension.

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So if you are also ticketed in the next 3 years in either your CMV or personal vehicle for any of these above offenses you would have your CDL suspended. The Oregon CDL manual notes the items listed below are serious offenses while operating a Commercial Motor Vehicle (CMV):

  • Operating the vehicle 15 miles per hour or more above the posted limit;
  • Operating the vehicle without driving privileges;
  • Failing to carry a driver license or presenting the driver license to a police officer;
  • Driving on the left side of a curve, grade, intersection, or rail crossing;
  • Failing to drive within a lane;
  • Unsafe passing on the left or right;
  • Following too closely;
  • Violating any law related to traffic control if the violation is connected to a fatal accident; or
  • Violating any law of another jurisdiction that corresponds to an Oregon law described above.

If you get multiple serious violation suspensions and one or more of these suspensions is still in effect, any additional serious violations suspensions imposed will run consecutively to any serious violation suspension already in effect the OR DMV states. In Oregon speeding over 30 mph when you have a previous speeding conviction within 12 months gets a driver a suspension of up to 30 days, no matter what type of license you have.

Now federal motor carrier laws (49 CFR section 383.51) states that they consider serious offenses which include:

  • Speeding 15 mph or more above the posted speed limit in any vehicle.
  • Reckless driving, improper or erratic lane changes, or following too closely in any vehicle.
  • Traffic offenses linked to fatalities in any vehicle.
  • Driving a CMV without the proper class of CDL and/or endorsements.
  • Driving a CMV without a CDL in possession.

Your 30 mph over speeding ticket in would thus be considered a serious violation per federal laws even though it was in your personal vehicle and not in a commercial vehicle. While this one ticket may not affect you with a suspension or disqualification of your CDL a second conviction within three years comes with a 60 day disqualification. If you receive a third or subsequent conviction within three years it is a 120 day disqualification of your CDL.

If this speeding ticket is the only traffic violation on your driving record than it may not affect your CDL in regards to getting a suspension or disqualification however if you get cited and convicted for another traffic offense as listed above your commercial driver's license could be adversely affected with suspension and disqualification for a few months.


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