What are some of the less commonly known (but no less important) rules in California as they pertain to a Commercial Driver’s License (CDL) holder?by Attorney Felicia Woods-Yates on 07/11/15
What are some of the less commonly known (but no less important) rules in California as they pertain to a Commercial Driver’s License (CDL) holder?
There are many federal and state rules that affect drivers who operate a commercial motor vehicle (CMV). The following are just some of the less commonly known rules and regulations:
· You must be a California resident before applying for a California CDL
· You must disclose all states in which you were previously licensed during the past ten years and surrender all out-of-state driver licenses (current or expired) when applying for a CDL
· You are not allowed to have more than one license at a time. It may cost you up to $5,000 (or jail time) if you violate this rule
· You are supposed to notify your employer within 30 days of a conviction for any traffic violations (except parking) – whether you were driving a commercial or a non-commercial vehicle
· Your home state’s department of motor vehicles must be notified within 30 days if you are convicted in any other jurisdiction of any traffic violation (a parking violation would be an exception to this rule) – again, regardless of what type of vehicle you were driving
· You must notify your employer within two business days if any of the following occur: a license suspension, license revocation, license cancellation, or you become otherwise disqualified
· When you apply for a job, you are supposed to supply your employer with information on all the driving employment held for the past 10 years
· You must surrender your hazardous materials endorsement to the state that issued your CDL within 24 hours under the following circumstances:
o If you are convicted, indicted, or found not guilty by reason of insanity for a crime listed in Title 49, CFR, §1572.103
o If you are committed to a mental health institution as specified in Title 49, CFR, §1572.109
o If you renounce your U.S. citizenship
o If you are found to be mentally defective by a Court of Law
· · Employers are prohibited from allowing an individual to drive a CMV if they have more than one license or if your CDL is suspended or revoked. An employer may also be fined up to $5,000 (or receive jail time) - States share information about CDL drivers – they are connected to one computerized system. The states have the ability to verify a person’s driving history...
Since everyone's traffic incident is unique to that individual and the specific circumstances, you should consult with a competent defense attorney to determine your best course of action. Felicia Yates has been practicing law for over 30 years in California and can be reached at (760) 326-5297, and found at Law Offices of Felicia Yates & Associates.