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Georgia Commercial Drivers License (CDL) Disqualifications, Suspensions, and Cancellations

Commercial drivers and motor carriers in the state of Georgia are held to higher driving standards than civilian drivers. Drivers who hold commercial class drivers licenses can have their commercial driving privileges disqualified, suspended, or canceled for violations of the Georgia traffic code in circumstances where non-commercial drivers license holders would not see similar license treatment. It is important to understand what types of Georgia traffic violations can impact your Georgia commercial drivers license (CDL). If your commercial drivers license privileges are disqualified, you can still operate a non-commercial vehicle. However, if your commercial drivers license is suspended, you are unable to operate any vehicle including non-commercial vehicles. Because Georgia CDL holders are held to higher standards, a plea of Nolo Contendere or “No Contest” will not prevent a disqualification, suspension, or cancellation of your commercial drivers license.

Serious and Major Traffic Offenses Impact Your Georgia Commercial Driving Privileges

There are two classifications of traffic offenses that can impact your commercial driving privileges in Georgia. Serious traffic offenses will suspend your ability to drive a commercial vehicle after more than one violation of any of the offenses classified as serious traffic violations within a three year period. Major traffic violations will automatically suspend your commercial driving privileges in Georgia for one year after a first conviction for a major offense. A second conviction of a major traffic offense will result in a lifetime cancellation your commercial driving privileges.

Convictions for serious and major traffic offenses also impact your ability to apply for a commercial drivers license if you do not already have one. Once the clock for disqualification has begun upon conviction you must wait the designated disqualification time period before you can apply for a commercial drivers license (CDL).

Major Traffic Offenses and Violations in Georgia

Major traffic violations will impact your commercial driving privileges no matter whether you are driving in your commercial vehicle for commercial driving purposes or in your own personal vehicle for personal reasons. The following offenses are listed as major traffic violations by the Georgia Department of Drivers Services. Conviction for any of the below offenses will suspend your Georgia commercial drivers license (CDL) resulting in the inability to drive for one year on a first offense.

 

• Driving a vehicle under the influence (DUI) in violation of O.C.G.A. §40-6-391

  • This includes being under the influence of all substances (DUI Alcohol, DUI Drugs, DUI Inhalants, and DUI Multiple Substances) AND includes the various levels of per se DUI based on age or vehicle type (i.e. .08 for a driver over 21 in a non-CMV; .02 for a driver under 21 regardless of vehicle; and .04 for a driver over 21 operating a CMV);

• Hit and Run or leaving the scene of an accident in violation of O.C.G.A. §40-6-270;

• Failure to report striking an unattended vehicle in violation of O.C.G.A. §40-6-271;

• Failure to report striking a fixed object in violation of O.C.G.A. §40-6-272;

• Failure to report an accident in violation of O.C.G.A. §40-6-273;

• Any felony in the commission of which a motor vehicle is used;

• Driving a commercial motor vehicle while the person’s commercial driver’s license or commercial driving privilege is revoked, suspended, canceled or disqualified;

• Homicide by vehicle in violation of O.C.G.A. §40-6-393;

• Use of a motor vehicle in the commission of a felony involving the manufacturing, distributing, trafficking or dispensing of a controlled substance (as reported by O.C.G.A. 40-5- 151(e));

• Racing on the streets and highways in violation of O.C.G.A. §40-6-186;

• Using a motor vehicle in attempting to flee or elude an officer in violation of O.C.G.A. §40-6- 395;

• Operating a motor vehicle with a revoked, cancelled, or suspended registration in violation of O.C.G.A. §40-6-15; 2

• Fraudulent or fictitious use of or application for a license, making false statements, or committing fraud during a driver’s license examination as provided for in O.C.G.A. §40-5-120 and O.C.G.A. §40-5-125(C);

• Theft of a commercial motor vehicle or of the cargo contained thereon or therein as provided for in O.C.G.A.§16-8-22;

• Refusing to submit to a state-administered chemical test as required by a law enforcement officer pursuant to O.C.G.A. §40-5-55 (DUI Arrest Implied Consent Refusal – Administrative License Suspension);

• Any of the above offenses or their equivalent as reported to Georgia DDS via an ACD Code or legal code by a court, administrative hearing office, or licensing authority in any other state or territory of the United States or any foreign jurisdiction.

Serious Traffic Offenses and Violations in Georgia

Serious traffic violations will impact your commercial driving privileges no matter whether you are driving in your commercial vehicle for commercial driving purposes or in your own personal vehicle for personal reasons. The following offenses are listed as serious traffic violations by the Georgia Department of Drivers Services. A second conviction for any of the below offenses within a 3 year period will result in a 60 day disqualification of your commercial driving privileges. A 3rd and all subsequent convictions within a 3 year period will result in a 120 day disqualification of your commercial driving privileges.

• Speeding 15 or more miles per hour over the posted limit in violation of O.C.G.A. §40-6-181, O.C.G.A. §40-6-188, or O.C.G.A. §40-6-160;

• Reckless Driving in violation of O.C.G.A. §40-6-390;

• Improper or Erratic lane change (including failure to signal a lane change) in violation of O.C.G.A. §40-6-48;

• Following another vehicle too closely in violation of O.C.G.A. §40-6-49;

• Any traffic violation in connection with a fatal accident (but excluding Homicide by Vehicle as defined in Major Traffic Violations);

• A Railroad Grade Crossing Violation (as defined in that section) if committed in a non-commercial motor vehicle (a Georgia-only disqualification);

• Operating a CMV without obtaining a CDL in violation of O.C.G.A. §40-5-146(a)* or O.C.G.A. §40-5- 151(f);

• Operating a CMV without a CDL in the driver’s immediate possession in violation of O.C.G.A. § 40-5-146(a);**

• Operating a CMV without a CDL of the proper class and/or endorsements for the specific vehicle being operated or for the passengers or type of cargo transported in violation of O.C.G.A. §40-5-150;

• Use of a wireless telecommunications device in violation of O.C.G.A. §40.6.241(c) or (d) while driving a CMV;

• ANY of the above offenses or their equivalent as reported to Georgia DDS via an ACD Code or legal code by a court, administrative hearing office, or licensing authority in any other state or territory of the United States or any foreign jurisdiction (Georgia drivers are held accountable for their actions in other jurisdictions).

SOURCE: Georgia Department of Driver Services Traffic Court Reference Manual - July 2018 Update

If you would like a free consultation regarding a traffic violation that may impact your commercial drivers license (CDL), please give me a call or text at 678-753-6431 and I would love to discuss your citations with you.