Obtaining a Commercial Driver’s License (CDL) in Virginia opens doors to many rewarding opportunities, yet not everyone qualifies. So, what disqualifies you from getting a CDL in Virginia? Major convictions like DUIs, serious violations such as reckless driving, or ignoring out-of-service orders, are some common reasons contributing to CDL disqualification. To help you avoid costly mistakes, this post will break down all Virginia CDL disqualifications into major categories, along with their penalties. Keep reading to comply with CDL regulations and secure your trucking career in Virginia!
What disqualifies you from getting a CDL in Virginia?
To obtain a CDL in Virginia, beyond passing the necessary tests, you must avoid the following disqualifications:
Alcohol, leaving the scene of an accident, and commission of a felony
Major offenses are some of the most serious offenses which can lead to CDL disqualification. There are convictions showing disregard for safety and law, specifically:
- Driving a commercial vehicle with a blood alcohol concentration (BAC) of 0.04% or higher.
- Driving under the influence of alcohol or drugs.
- Refusal to take blood and/or breath tests.
- Leaving an accident that causes injury or death.
- Using a commercial vehicle in the commission of a felony.
- Misinformations presented while applying for CDL.
These offenses typically result in heavy penalties:
- First offense: Lead to 1-year disqualification. If the offense involves hazardous material transportation, the disqualification period increases to 3 years.
- A second offense or using a commercial vehicle for drug-related felonies: Lead to lifetime disqualification.
Serious traffic violations
Serious violations include unsafe driving practices that put other people at risk. These violations pertain to both commercial and personal vehicle operations. Specifically:
- Driving 15 mph or higher over the speed limit.
- Driving recklessly or changing lanes improperly.
- Following other vehicles too closely.
- Texting or using a handheld device while driving.
- Operating a commercial vehicle without the required CDL class or endorsement license.
- Committing violations related to fatal crashes.
Penalties for these violations are:
- 60-day disqualification: For two violations within 3 years.
- 120-day disqualification: For three or more violations within 3 years.
Out-of-service violations
Out-of-service orders are given for critical safety violations, such as faulty vehicles or fatigued drivers, that need immediate attention. It is a severe violation to disregard such an order. Committing these violations, you will serve the penalties as follows:
- 90-day disqualification: For first violation.
- 2-year disqualification: For second violations.
Hazardous materials endorsement disqualification
Drivers applying for a HAZMAT endorsement must undergo a background check. There are certain conditions that will lead to disqualification or denial:
- Not a U.S. legal permanent resident.
- Renounce U.S. citizenship.
- Be indicated or convicted of particular felonies.
- Be determined to be mentally incompetent or committed to a mental health facility.
- Be classified as a threat to security by the Transportation Security Administration (TSA).
Railroad crossing violations
Failure to obey the law of railroad crossings results in the disqualification of a CDL. These are serious offenses that jeopardize lives and, therefore, are strictly addressed. Examples of violations include but are not limited to the following:
- Failure to stop at a stop sign or red light when required.
- Failure to proceed with sufficient space to clear tracks.
- Failure to obey traffic control devices at crossings.
- Attempt to cross with insufficient undercarriage clearance.
These violations are strictly prohibited. If violating, you will face disqualification as follows:
- First offense: 60-day disqualification for failure to stop or proceed at a railroad crossing in a safe manner.
- Second offense in 3 years: 120-day disqualification for repeated offenses of failing to obey traffic devices or insufficient space to complete the crossing.
- Third offense in 3 years: 1-year disqualification for habitual non-compliance with railroad safety laws.
Personal vehicle traffic violations
Your personal vehicle driving record can affect your CDL. A serious violation in your personal vehicle can lead to CDL disqualification. Examples of traffic violations in personal vehicles are:
- Driving while your personal driver’s license is suspended or revoked.
- Committing DUI convictions in a personal vehicle.
Disqualification for these violations are:
- First offense: Disqualification for 1 year on grounds of DUI, reckless driving, or other severe violations in a personal vehicle
- Second offense: Lifetime disqualification for those repeat offenders in either a personal vehicle or a commercial motor vehicle.
- Hardship license: No hardship license for CDL holders is allowed in regard to commercial vehicles if the personal license is suspended or revoked.
FAQs
1. Can I get my CDL if I have a DUI in Virginia?
The answer varies case by case. According to the Virginia DMV, a DUI carries some serious punishments. Generally, you will lose eligibility to obtain a CDL for at least one year for a first DUI. A second DUI, either in a commercial or personal vehicle, can result in a lifetime disqualification.
2. Can a felon get a CDL in Virginia?
Yes, but depending your case. According to the Virginia Commercial Driver’s Manual, if your felony offense involved a commercial motor vehicle, you will have at least a one-year disqualification, In case the felonies involving controlled substances you could encounter a lifetime CDL disqualification.
Final thoughts
Securing and maintaining a Virginia CDL is not just passing the required knowledge and skills test. It takes continuous responsibility and observance of both state and federal laws. Knowing what disqualifies you from getting a CDL in Virginia is the crucial step in avoiding preventable setbacks. Compliance with commercial driving laws will ensure a safer road for everyone and a rewarding career for you. Stay informed, drive responsibly, and keep your driving career on the right track.
