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No Commercial Driver’s License

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The Federal Highway Administration (FHWA) developed standards for testing and licensing Commercial Motor Vehicle (CMV) drivers.  The standards requires all states to used Commercial Driver’s Licenses (CDL) to their CMV drivers only after the driver passes knowledge and skills tests administered by the State related to the type of vehicle to be operated.  The Federal standard requires States to issue a CDL to drivers as Class A, B and C.  The higher class CDL allows the individual to drive vehicles in any of the lower classes provided you have the correct endorsements.  An individual who drives a commercial motor vehicle with the proper commercial driver’s license can be found guilty of a misdemeanour. 

Fines and Penalties

The Federal penalty for a driver who violates the CDL requirements is a civil penalty of up to $2,500, or in aggravated cases, criminal penalties of up to $5,000 in fines and 3 months to 1 year in jail.  An employer is also subject to a penalty of up to $10,000 if he or she knowingly uses a driver to operate a CMV with a valid CDL.

Traffic Points and Impact on Driving Record / License

Any person who is convicted of operating a commercial motor vehicle without holding a valid commercial driver’s license and the applicable endorsements valid for the vehicle he or she is driving will have their license suspended for a period of ninety days.

Hiring a Lawyer

Anyone who operates a Commercial Motor Vehicle is required to possess a Commercial Driver’s License.  Fighting traffic offenses and points on your driving record is tougher from the start if you have a CDL.  Only non-commercial license holders are potentially eligible for deferred adjudication or defensive driving courses in lieu of point accumulation of surcharges.  A knowledgeable attorney can educate you about the details and nuances of the law as it applies to your specific case.

 

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