The Kessler Law Firm
Many people in the State of New York rely on their Commercial Driver’s Licenses to put food on their families’ tables.
Commercial Driver’s License rules and regulations are listed in the Code of Federal Regulations. The purpose of the regulations are to help reduce or prevent truck and bus accidents, fatalities, and injuries by requiring drivers to have a single commercial motor vehicle driver’s license and by disqualifying drivers who operate commercial motor vehicles in an unsafe manner.
A Commercial Driver’s License is required to operate a commercial motor vehicle. The State of New York defines a commercial motor vehicle as: 1) a single vehicle with a gross weight of 26,001 pounds or more; 2) a trailer with a gross weight of 26,001 pounds or more; 3) a vehicle designed to transport 16 or more occupants (including the driver) or a bus; and 4) any vehicle used to transport hazardous material.
The rules apply to everyone who operates a commercial motor vehicle in interstate, foreign, or intrastate commerce, to all employers of such persons and to all States (this includes New York).
Moving violations that can lead to the suspension of a motorist’s Commercial Driver’s License include:
· Being under the influence of alcohol as prescribed by State law
· Being under the influence of a controlled substance
· Having an alcohol concentration of .04 or greater while operating a commercial motor vehicle
· Leaving the scene of an accident
· Using the vehicle to commit a felony
· 2nd speed of 15 mph or greater over the legal posted speed limit
· Reckless driving
· Making improper or erratic traffic lane changes
· Following the vehicle ahead too closely
Offenses committed whether in a commercial motor vehicle or non-commercial motor vehicle must be counted when determining first and subsequent violations for purposes of Commercial Driver’s License suspensions.