Offical Nebraska Government Website

Commercial Drivers License Disqualification

[Explanation] [Major Disqualifying Offenses]

[Serious Disqualifying Offenses] [Railroad Disqualifying Offenses]

[Violate Out-of-Service Order ] [Imminent Hazard Disqualification]

[Reinstatement Requirements] [Testing Requirements]

 

Explanation:

Your Commercial Driverís License and or operating privileges can be disqualified for certain convictions.

 

Major Disqualifying Offenses:

Major Disqualifying Offenses for CDL holders Operating Any Motor Vehicle (Is Not Limited To Operation Of A CMV):

  • Driving any motor vehicle under the influence of alcohol or a controlled substance.
  • Refusing to take an alcohol or drug test after operating any motor vehicle.
  • Leaving the scene of an accident driving any motor vehicle.
  • Committing a felony offense involving the use of any motor vehicle.
  • Major Disqualifying Offense Operating A CMV (Does Not Need To Be A CDL Holder But Must Be Operating A CMV):

    • Driving a CMV while the personís alcohol level is 0.04% or more.
    • Driving a CMV while the driverís CDL is revoked, suspended, canceled, or the driver is disqualified from operating a CMV.
    • Causing a fatality through the negligent operation of a CMV, including motor vehicle homicide.

    After the first major offense, the disqualification is for one year. If the vehicle is transporting hazardous materials required to be placarded, the disqualification is for three years. A second offense will result in your CDL being disqualified for life.

    Any CDL Holder Using Any Motor Vehicle In The Commission Of A Felony Involving Manufacturing, Distributing Or Dispensing A Controlled Substance Will Be Disqualified For Life.

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    Serious Disqualifying Offenses:

    Serious Disqualifying Offenses apply to any driver operating a CMV or a CDL holder operating a non-CMV and the court conviction results in the license being revoked or impounded by the court, it will be considered a serious offense and count towards disqualification.

    • Speeding excessively, involving any speed of 15 or more above the posted speed limit.
    • Willful reckless or reckless driving.
    • Making improper or erratic traffic lane changes.
    • Following the vehicle ahead too closely.
    • Any traffic control violation in connection with a fatal accident.
    • Driving a CMV without obtaining a CDL.
    • Driving a CMV without a current CDL in the driverís possession
    • Driving a CMV without the proper class or endorsement for the specific vehicle being operated.

    Two convictions within 3 years results in a 60 day disqualification and a 3rd conviction within 3 years results in a 120 day disqualification.

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    Serious Disqualifying Railroad Offenses:

    If the driver operates a CMV in violation of federal, state or local law and:

    Driver is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train.

    Driver is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear.

    Driver is always required to stop, but fails to stop before driving onto the crossing.

    Driver fails to have sufficient space to drive completely through the crossing without stopping

    Driver fails to obey a traffic control device or the directions of an enforcement official at the crossing.

    Driver fails to negotiate a crossing because of insufficient under-carriage clearance.

    For 1st conviction results in a 60-day disqualification. The 2nd conviction within 3 years results in a 120-day disqualification. The 3rd conviction within 3 years results in a 1 year disqualification.

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    Disqualification for Violating Out-of-service Orders:

    Conviction of violating an out of service order while driving a CMV.

    For 1st conviction results in a 90-day to 1 year disqualification. The 2nd conviction within 10 years results in a 1 Ė 5 year disqualification. The 3rd conviction within 10 years results in a 3 - 5 year disqualification.

    Conviction of violating an out of service order while driving a CMV transporting hazardous materials required to be placarded, and/or transporting 16 or more passengers, including the driver.

    For 1st conviction results in a 180-day to 2 year disqualification. The 2nd conviction within 10 years results in a 3-5 year disqualification. The 3rd conviction within 10 years results in a 3 - 5 year disqualification.

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    Imminent Hazard Disqualification:

    The imminent hazard rule in Federal Regulation ß383.52 specifies the periods for which a driver may be disqualified.

    In an emergency, if a driver should pose an imminent hazard, they shall be immediately disqualified for a period of no more than 30 days unless the driver is provided with an opportunity for a hearing with Federal Motor Carrier Safety Administration.

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    Reinstatement Requirements:

    1. Surrender operatorís license/permit or sign an affidavit of lost license if you no longer have possession of the license. This does not apply if the license has expired.

    2. Pay a $125.00 reinstatement fee. Payment must be in the form of a cashierís check or money order made payable to the Department of Motor Vehicles or online with MasterCard, Visa or Discover. When submitting payment, include identifying information (i.e. name, date of birth, license or social security number and current mailing address). Payment submitted by personal or business checks or not for the required amount will be returned.

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    Testing Requirements:

    Drivers who have had their operatorís license and/or privileges disqualified, must test and apply for a new license if they wish to obtain another Commercial Drivers License.

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