Getting a CDL in Massachusetts goes with huge responsibility. However, running several violations may put you into disqualification status and affect your career. Below we have updated information concerning Massachusetts CDL disqualifications: types of offenses, their regulation and penalties, and recommendations on how not to get disqualified. Being aware of these rules is a crucial means for experienced drivers and fresh beginners of staying legally on the road with a CDL. Let’s get started now!
What are the Massachusetts CDL disqualifications?
Massachusetts CDL disqualifications are penalties and restrictions placed upon a commercial driver for the commission of certain offenses or disqualifying regulations being broken while operating a Commercial Motor Vehicle (CMV). This guide will explain the offenses that can lead to disqualification, its corresponding penalties, and reinstatement steps should your CDL have been affected.
Major alcohol/drug related offenses
Massachusetts takes all CDL offenses very seriously and some of the most serious offenses will result in extreme disqualification periods. Some key information is highlighted below:
- First offense: A conviction for any of the following offenses will result in a disqualification to operate a CMV for at least one year.
- Second offense: A second conviction, based upon two or more separate incidents, is a lifetime disqualification.
If any of these offenses occur while transporting hazardous materials that require placarding, the driver is disqualified for at least three years. It is a Federal crime for a disqualified person to operate a CMV.
CMVs must not be operated while disqualified. Major offenses include the following in this regard:
- Driving a CMV or any motor vehicle under the influence of alcohol or drugs.
- Driving a CMV with a Blood Alcohol Concentration (BAC) of 0.04% or higher.
- Refusal of a legally required chemical test or analysis of breath or blood.
- Leaving the scene of an accident while operating a CMV or motor vehicle.
- Using a CMV or motor vehicle to commit a felony.
- Causing a fatality through negligent operation of a CMV.
- Operating a CMV while your Commercial Driver’s License (CDL) is suspended, revoked, or canceled, or you are disqualified due to an earlier violation.
Lifetime disqualification will be applied if there is a felony committed using a CMV, which relates to the manufacture, distribution, or dispensing of controlled substances.
Serious traffic violations
Disqualification from operating a commercial motor vehicle under the following conditions:
- Two violations: A disqualification for no less than 60 days must be imposed on you if you are convicted of two serious traffic violations from different incidents within the three-year period.
- Three violations: If you are convicted for three serious traffic violations in separate incidents within a three-year period, then you will be defined as disqualified for no less than 120 days.
There are serious traffic violations given below:
- Excessive speeding – 15 miles per hour or greater over the speed limit.
- Operating to endanger.
- Reckless driving.
- Improper or erratic lane changes.
- Following another vehicle too closely.
- Traffic offenses related to a fatal accident.
- Driving a CMV without a valid Commercial Driver’s License (CDL).
- Driving a CMV without having a CDL in your possession.
- Operating a CMV without the appropriate class of CDL and/or endorsements for the vehicle type, passengers, or cargo being transported.
Railroad-highway grade crossing
Disqualification from operation of a Commercial Motor Vehicle (CMV) shall arise from any combination of violations at a railroad-highway grade crossing, as follows:
- Failing to slow down and ensure the approaching train tracks are clear when a stop is not required.
- Failing to stop at the crossing prior to the tracks being cleared, even if a stop is not required.
- Failing to stop at a crossing location where stopping is always required.
- Approaching the crossing without enough space to physically drive through it without stopping.
- Failing to respond to an applicable traffic control device or an enforcement official directing at the crossing.
- Failing to negotiate the crossing owing to insufficient undercarriage clearance.
Disqualification periods:
- For the first conviction, it is not less than sixty (60) days.
- For the second conviction from different incidents, between three years, it is in the range of not less than 120 days.
- For third and subsequent convictions resulting from separate incidents occurring within three years: not less than 1 year.
Violating out-of-service orders
Disqualification from operating a Commercial Motor Vehicle (CMV) will last indefinitely. The periods of disqualification are as follows:
General violations:
- First violation: Not less than 180 days.
- Second violation: Not less than 2 years (for offenses separated by intervals of fewer than ten years).
- Third or subsequent violations (from separate incidents within ten 10 years): Not less than three 3 years.
If you break an out-of-service order while bringing hazardous materials requiring placards, or while driving a vehicle made to carry 16 or more passengers (including the driver):
- First violation: Not less than 180 days.
- Second violation: Not less than 3 years.
FAQs
1. What is the length of license revocation in Massachusetts?
The length of a driver’s license revocation in Massachusetts is based on the offense.
- For an OUI (Operating Under the Influence) with a BAC of 0.08% or higher, the driver who failed a breathalyzer test will get an automatic license suspension for 30 days.
- Accumulation of surchargeable incidents: A driver will have his license suspended if he accumulates three surchargeable incidents within 24 months.
- Non-payment of child Support: A non-payment of child support can result in an indefinite suspension or revocation until such time as the obligation is met.
Other offenses, including failure to register as a sex offender, non-payment of state taxes, or operating under a suspended license also carry indefinite suspensions pending resolution of the offense charged.
2. What is the penalty for driving with a revoked license in Massachusetts?
Driving with a suspended or revoked license is a criminal offense in Massachusetts and carries the following penalties:
- General offense: A fine between $500-$1,000 and/or imprisonment for up to 10 days.
- Second or subsequent offenses, or if there are aggravating factors: Mandatory minimum jail sentence of 60 days to one year, plus possible fines.
The RMV can also extend the period of suspension or revocation and impose reinstatement fees.
3. What violations can cause you to lose your license in Massachusetts?
There are various offenses leading to suspension and revocation of license in Massachusetts:
- OUI: Operating a motor vehicle with a BAC of 0.08% or higher.
- Accumulation of surchargeable incidents in a 24-month period: 3 surchargeable incidents.
- Non-payment of child support or state taxes: In these categories, failure to comply brings indefinite suspension.
- Failure to register as a sex offender: Indefinite suspension until compliance.
- Operating after suspension or revocation: Driving with a suspended or revoked license can lead to further penalties.
4. Can I get my CDL back after downgrading in Massachusetts?
Yes. If your CDL has been downgraded in the state of Massachusetts, you can get it restored by sending in new self-certification information up to 365 days after the downgrade has occurred. If it has not been restored within this time, your CDL will automatically be converted to a Class D non-commercial license; you must then reapply for a CDL, passing any required knowledge and skills test and paying required fees.
It’s important to note that some of the violations, such as multiple convictions for DUI or other serious offenses, can result in lifetime disqualification from having a CDL.
Final thoughts
Knowing the rules and regulations behind Massachusetts CDL disqualifications is very important to save your driving privileges and career. Ranging from major offenses such as operating under the influence or using a CMV in a felony to serious traffic violations and out-of-service order violations, each infraction carries specific penalties that can affect your ability to operate a CMV.
Keeping up to date with recent changes to Massachusetts CDL laws and following safety guidelines will help you avoid disqualification and protect your livelihood. Be proactive, drive responsibly, and stay compliant with all CDL requirements to keep your record clear and your career on track.
