Wisconsin Commercial Driver’s License (CDL) holders must understand critical disqualification risks that can temporarily or even permanently impact their professional driving career. Certain actions and violations can lead to immediate license suspension or long-term disqualification, threatening your livelihood and future employment opportunities. Navigating CDL regulations requires careful awareness of prohibited behaviors and potential consequences.
This comprehensive guide reveals essential insights into Wisconsin CDL disqualifications and actions every professional driver must avoid to maintain their driving credentials.
What are the Wisconsin CDL disqualifications?
Understanding Wisconsin CDL disqualifications is crucial for maintaining your commercial driving privileges. Certain offenses, such as major traffic violations or safety breaches, can lead to temporary or permanent disqualification depending on the number of your offenses.
Now let’s discover what actions might impact your CDL in Wisconsin!
Offenses related to alcohol, leaving the scene of an accident, and commission of a felony
Several actions can lead to your Wisconsin CDL disqualifications including:
- Operating while intoxicated (OWI)
- Operating with a Prohibited Alcohol Concentration (PAC)
- Blood Alcohol Concentration (BAC) violations
- OWI resulting in injury
- OWI causing great bodily harm
- OWI causing death
- Commercial Alcohol (CA) violations
- CA resulting in injury
- CA causing great bodily harm
- CA causing death
- Operating under the influence of controlled substances
- Refusal of chemical tests (IC, ICU)
- Failure to stop or report an accident
- Felony offenses
- Driving a CMV while CDL is revoked, suspended, or disqualified
- Causing a fatality through negligent operation of a CMV
- Controlled substance-related felony
Violating all of these above actions will lead to one year CDL disqualification for the first time, and a permanent disqualification for the second and third offenses. However, violation of a controlled substance-related felony will put your CDL in disqualified stage forever even if you violate it the first time.
Severe disqualifying offenses
Violations that occurred on or after 30/09/2005 will be disqualified for 60 days for the second offenses within three years, and 120 days for the third offenses within three years. Specifically, those violations include:
- Driving 15 mph or more over the speed limit
- Reckless driving
- Illegal passing
- Improper or erratic lane changes
- Following another vehicle too closely
- Traffic violation related to a fatal accident
- Operating a CMV without obtaining a CDL
- Driving a CMV without carrying a CDL
- Operating a CMV without the proper class or endorsement
Similar punishments applied to cases that happened on or after 1/7/2016, violations include:
- Texting while driving a CMV
- Using a handheld phone while driving a CMV
Railroad-highway grade crossing violations
Railroad-highway grade crossing violations occur when drivers fail to follow safety rules at crossings, risking public safety and CDL penalties. Disqualifications will be applied if the driver fails to:
- Reduce speed to confirm the tracks are clear
- Stop if the tracks are obstructed
- Halt completely before proceeding onto the crossing
- Avoid crossing without making a complete stop
- Follow signals or directions from traffic control devices or officials
- Ensure the vehicle has enough undercarriage clearance to cross safely
For the first-time violation, the Wisconsin CDL disqualifications will be applied for 60 days, the second time within 3 years will be 120 days, and up to one year disqualification for the third time offense within 3 years.
Falsifying CDL enrollment
Falsifying CDL enrollment is a serious offense that involves providing false or misleading information during the application or training process. Regarding falsified CDL application or insurance, the CDL will be disqualified for one year for the first time offense.
Driving CMV while out-of-service violation
Driving a CMV while out of service is a serious violation that jeopardizes safety. It occurs when a driver operates a vehicle deemed unfit for use, leading to penalties and potential disqualification.
The Wisconsin CDL disqualifications will be applied for 90 days if drivers violate for the first time, two years for the second time within 10 years, and 3 years on the third time violation within 10 years.
In addition, if CDL drivers violate the Out-of-service regulation while transporting Hazardous Materials or carrying 16 or more passengers, the punishments will be even more severe. Specifically, for the first time offense, CDL will be disqualified for 180 days. On the second and the third time, CDL will be disqualified for 3 years.
Hazardous materials violations
In Wisconsin, Hazmat CDL disqualification can occur due to criminal convictions or violations involving hazardous materials, including transporting materials without required placards or failing to adhere to safety protocols. Several actions listed as Hazardous Materials violations include:
- Espionage or conspiracy to commit espionage.
- Sedition or conspiracy to commit sedition.
- Treason or conspiracy to commit treason.
- Terrorism-related offenses as defined in 18 U.S.C. 2332b(g) or equivalent state law, including conspiracy to commit such crimes.
- Crimes involving transportation security incidents.
- Improper transportation of hazardous materials under 49 U.S.C. 5124 or similar state laws.
- Unlawful activities related to explosives, including possession, use, sale, distribution, manufacture, purchase, transfer, transport, import, export, storage, or dealing in explosives or explosive devices.
- Murder.
- Making threats or intentionally spreading false information about the placement, delivery, or detonation of explosives or lethal devices targeting public areas, government facilities, transportation systems, or infrastructure.
- Violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. 1961, or comparable state laws, where predicate acts include any crimes listed above.
- Attempting to commit any crimes listed in points 1 through 4.
- Conspiracy or attempts to commit crimes listed in points 5 through 10.
These mentioned above will disqualify you permanently, so be extremely careful in your actions while being a CDL driver.
Additionally, there are actions that will disqualify you for 7 years as listed below:
- Engaging in the illegal possession, use, production, sale, purchase, distribution, transport, shipment, delivery, import, export, or trade of firearms or other weapons.
- Committing extortion.
- Acts involving deception, fraud, or false representation, including identity theft.
- Offering or accepting bribes.
- Participating in smuggling activities.
- Violating immigration laws.
- Trafficking, possessing with intent to traffic, or importing controlled substances.
- Committing arson.
- Engaging in kidnapping or taking hostages.
- Committing rape or severe sexual assault.
- Assault with the intent to cause death.
- Committing robbery.
- Fraudulent access to a seaport as outlined in 18 U.S.C. 1036 or similar state laws.
- Violating the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1961, or equivalent state laws, excluding offenses listed in subsection (a)(10).
- Planning or attempting to carry out any of the crimes listed in this section.
School bus violations
School bus violations include numerous actions like abandonment of children, careless driving, commercial alcohol causing fatality, child’s incesting, and so on. Depending on each felony, the length of Wisconsin CDL disqualification varies from at least 2 years to a lifetime disqualification.
FAQs
1. Can you get a CDL with a felony in Wisconsin?
It all depends on the nature of the felony. Some felonies which include using a commercial vehicle and some drug-related ones, can lead to permanent disqualification. Meanwhile, there are other non-vehicle-related felonies that do not disqualify you from getting a CDL.
3. What disqualifies you from CDL in Wisconsin?
In Wisconsin, you can be disqualified from a CDL for offenses such as DUI, felony convictions, railroad-highway grade crossing violations, and failing to stop for a school bus,… Other disqualifying actions include serious traffic violations, operating a CMV with a suspended license, or falsifying application information.
Final thoughts
Understanding Wisconsin CDL disqualifications is crucial for maintaining your driving privileges. Violations like DUI, felony convictions, and serious traffic offenses can result in temporary or permanent disqualification. Following all safety regulations and adhering to state laws ensures a safe driving record and protects your career as a commercial driver.
