What Disqualifies You From Getting A CDL In Florida? Detail Update!

Planning to get a CDL in Florida but worried about “What disqualifies you from getting a CDL in Florida?” Do not let legal issues or your health conditions stand in your way! Being aware of possible disqualifications can help you avoid penalties and maintain your career. Generally, several factors can lead to disqualifications, from DUI/DWI to criminal records or out-of-order services. In this article, we will walk you through major violation categories you should avoid with detailed explanations. Keep reading to keep your driving record clean and stay eligible. 

What disqualifies you from getting a CDL in Florida?

Many on-road and off-road actions can lead to suspension, revocation, or lifetime loss of a CDL. Below are the main categories that can disqualify you from obtaining or containing your CDL in Florida:

Offense related to DUI, felony, and leaving the accident scene

Violations resulting from alcohol use, leaving the scene of an accident, and felony offenses carry the most serious disqualification terms for CDL license holders. Florida state requires these severe disqualifications terms to protect the safe and responsible operation of commercial vehicles:

• Driving with a Blood Alcohol Concentration (BAC) of .04% or Higher: Driving a CMV with a BAC of .04% or higher results in at least a one-year CDL suspension.
• Driving a commercial motor vehicle – CMV with DUI or refusing to test: Refusal to take a BAC or DUIs will also carry at least a one-year disqualification.
• Violating under controlled substance: Operating a vehicle under the influence of any controlled substance mandates an immediate CDL suspension.
• Leaving the scene of an accident: Failure to remain at an accident scene involving a CMV carries a one-year disqualification.
• Felony offenses: Any felony offenses committed in the operation of a CMV, especially those involving controlled substances, entail lifetime disqualification.
• Driving a CMV with a suspended CDL: Operation of a CMV with a suspended CDL is subject to longer disqualification periods.
• Negligent causing of a fatality: A fatality caused due to the negligent operation of a CMV will be grounds for disqualification. This also includes any incident in which the vehicle was used to transport hazardous materials.
• Lifetime disqualification: You will lose your CDL for life if committing the above violations for a second time.

Severe traffic violations

Serious traffic violations are several reckless driving practices that portray a disgraced for traffic laws and safety, including the following:

• Excessive speed: Driving over 15 miles per hour above the speed limit if continued.
• Reckless driving and improper changing of lanes: Careless or dangerous driving to endanger human life and property.
• Following too closely: Following too closely to endanger other persons or property. Repeated violations may result in CDL disqualification.
• Driving without a valid CDL: Operating a CMV without a valid CDL or failing to possess it is considered a serious violation.
• Texting or using a handheld mobile device: Using a mobile device or texting while operating a CMV is a serious violation.

A driver receives a 60-day suspension for two serious violations within three years and a 120-day disqualification for three or more.

Violation of out-of-service order

It is a serious offense to operate a CMV when a driver or vehicle is under an out-of-service order. Additional disqualification time can be added for repeated offenses, as follows:

• First violation: Disqualifies a driver with a minimum period of 180 days.
• Second violation within ten years: Disqualifies for at least two years.
• Third violation within ten years: Disqualifies for at least three years

Infractions at railroad-highway grade crossings

The railroad-highway grade crossing violations are strictly punished as a result of the potential danger the crossings pose. These violations include failing to stop at all or failing to follow specific rules at railroad crossings:

• Failure to stop when required: For drivers not required to always stop at crossings, they must fail to stop if the tracks are not clear.
• Failure to slow and check tracks: Where there is no requirement for a driver always to stop, failure to slow down and check that the tracks are clear of approaching engines or cars.
• Failure to stop for required stop crossings: Drivers who are required by law to stop, such as those carrying hazardous materials, must stop before driving onto the track.
• Inadequate clearance of the tracks: It is another unsafe act where the driver enters the crossing without having sufficient space on the other side to clear the tracks completely.
• Failure to obey traffic controls: Failure to obey traffic signals or law enforcement officers at the crossing.Insufficient clearance: Trying to make it across when the undercarriage clearance is insufficient thus catching the vehicle on the tracks.

The punishments increase according to how many offenses a driver has committed in three years:

• First violation: Results in 60-day CDL suspension.
• Second violation within three years: Driver receives a 120-day disqualification.
• Third violation within three years: Drive faces a one-year suspension.

Hazardous materials background investigation and disqualifications

To acquire a HazMat endorsement in your CDL, you will need to undergo a background check. Some factors will prevent you from getting this endorsement or will cause you to lose your endorsement:

• Aliens: If you are not a resident of the United States, you must be a lawful permanent resident to be eligible for a HazMat endorsement.
• Felony indictments or convictions: You can be forbidden to operate in interstate commerce if you have been indicted or convicted of any felony listed.
• Mental health issues: You will be prohibited from operating a commercial motor vehicle in interstate commerce if you have been adjudicated as mentally incompetent or have been committed to a mental institution.
• Security threat: Violation determined by the Transportation Security Administration (TSA) will lead to refusal to grant an endorsement.

Traffic offense for individual vehicle

This category refers to serious violations in your personal vehicle affecting your CDL status. These violations include:

• Suspension for moving violations: Suspension or revocation of your personal driving license will lead to a year CDL suspension.
• Alcohol or controlled substance violation in a personal vehicle: A second offense involving alcohol or drugs can result in a lifetime disqualification of CDL.
• No hardship license for CMV: Florida does not permit the issuance of a CDL hardship license for operating a CMV when your driver’s license is revoked or suspended.

Other rules

Moreover, there are additional requirements at the state and federal levels for all CDL holders. These rules include those on accountability, safety, and standards by which each driver should comply:

• One license rule: No holder of a CDL can hold more than one license. A person found in possession of more than one license can be fined up to $5,000 and/or be incarcerated.
• Notice of violation: You must notify your employer in writing of any traffic violation, other than parking, within 30 days of the violation, no matter what type of vehicle you were operating. 
• Out-of-state convictions: If you are convicted in another state of any traffic violation you must notify your licensing agency within 30 days. A regulation applies to whatever type of vehicle you were operating at the time.
• Ten-year driving history disclosure: When applying for a commercial driving position, you are required to disclose all previous driving jobs from the past 10 years.
• Mobile device use restriction: Drivers should not hold or dial a mobile phone requiring more than a single button press while operating a CMV, nor send or read texts while operating.
• Safety belt requirement: Operators of CMVs are to wear a safety belt at all times while operating.

FAQs

1. What felonies disqualify you from getting a CDL in Florida?

In Florida, severe felonies disqualify you from getting or maintaining a CDL. Felonies involving the use of a CMV, especially those related to controlled substances, result in permanent disqualification. Here are some significant examples:

• Felonies under controlled substances: Using a CMV to manufacture, distribute, or dispense controlled substances is a permanent disqualification.
• Felonies involving a CMV: Any felony committed with a CMV for instance, smuggling and other serious offenses, prohibits and disqualifies you from holding a CDL.
• Repeat offense: A second offense of a serious felony whether or not related to a CMV will result in permanent disqualification from holding a CDL.

2. What disqualifies you from getting a CDL hazmat endorsement in Florida?

Certain factors that would disqualify you from a hazmat endorsement for a CDL in Florida include, but are not limited to the following:

• Felony convictions: Conventions of specific felonies such as manufacturing, distributing, or dispensing of controlled substances can result in disqualification from receiving a hazmat endorsement.
• Mental health issues: You are not qualified for a hazmat endorsement if you have been adjudicated as mentally defective or committed to a mental institution.
• Security threats: You will be disqualified from obtaining a hazmat endorsement if the TSA determines that you pose a security threat.
• U.S. citizenship status: If you renounce your United States citizenship, you will no longer be eligible for a hazmat endorsement.
• Criminal indictments or warrants: Wanted or under indictment for certain felonies bars you from a hazmat endorsement.

Final thoughts

Understanding “What disqualifies you from getting a CDL license in Florida” is essential to pursuing a career in commercial driving in Florida. Florida requires a high degree of legal and safety standards, keeping priorities on safety and responsibility. Violation, whether related to alcohol, traffic offenses, or felonies will result in serious consequences. Familiarizing yourself with the following factors of disqualification is the key to ensuring your eligibility for obtaining a CDL as well as long-term success on the road.