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Arizona Commercial Driver License (Disqualifications)

Posted by Shawn Hamp | Feb 28, 2017 | 0 Comments

Az commercial driving

A commercial driver who possesses a CDL (commercial driver license) may face additional sanctions and penalties for committing regular traffic offenses and traffic offenses related to their operation of a commercial motor vehicle.  In addition to all normal suspensions, point infractions, and penalties for regular traffic infractions, a CDL driver may have their commercial driving privileges disqualified for driving offenses whether committed in a regular vehicle off duty, or a commercial vehicle.

For example if a commercial driver commits a second “serious traffic infraction” within three years, they may be disqualified to drive a commercial motor vehicle for 60 days.  A third serious traffic infraction could be 120 days.  Serious traffic infractions include:

  • Excessive speeding involving a single offense for a speed of 15 miles per hour or more above the posted speed limit.
  • Reckless driving as provided in ARS 28-693.
  • Aggressive driving as provided in 28-695
  • Racing as defined in section 28-708.
  • Improper or erratic traffic lane changes as provided by section 28-729.
  • Following the vehicle ahead too closely as provided by section 28-730.
  • A violation of this title (Title 28) that is connected with a fatal traffic accident.

If a CDL driver has their CDL disqualifications revoked they may apply to have their privilege reinstated after the disqualification period has ended.  A reinstatement fee must be paid to have the CDL privilege reinstated.  A second reinstatement fee must be also paid if the regular driver's license privilege was also suspended.

Some infractions such as committing multiple DUIs or using an automobile in the commission of a felony offense could result in being disqualified as a CDL driver for life and may only be eligible for reinstatement after ten years. If they are subsequently convicted of another provision, they could be permanently disqualified and never be eligible to reinstate.

The following below are the list of infractions which will disqualify a driver from having a CDL endorsement along with the applicable disqualification period.

Statute Violation Disqualification Period
ARS 28-3312(A)(1)(a) Implied consent in any vehicle one year
28-3312(A)(1)(b)(i) DUI in a CMV with BAC over 0.04 one year
28-3312(A)(1)(b)(ii) Leaving the scene of an accident in any vehicle. one year
28-3312(A)(1)(b)(iii) Using a motor vehicle in the commission of a crime. one year
28-3312(A)(1)(b)(iv) A violation of DUI, extreme DUI or Aggravated DUI. one year
28-3312(A)(2) Any violation of 28-3312(A)(1) (a) or (b) with Hazardous material three years
28-3312(A)(3) Any two or more violations or any combination of 28-3312(A)(1) (a) or (b) Lifetime (Eligible for reinstatement after 10 years)
28-3312(A)(4) Use of any vehicle in the commission of a felony involving controlled substances Lifetime (Eligible for reinstatement after 10 years)
28-3312(A)(5) Convicted of two serious traffic violations in 3 years 60 days
28-3312(A)(6) Convicted of three serious traffic violations in 3 years 120 days
28-3312(B)(1) First violation of Out of Service Order. 180 days
28-3312(B)(2) Second violation of Out of Service Order within 10 years. two years
28-3312(B)(3) Third violation of Out of Service Order within 10 years. three year
28-3312(C)(1) First violation of Out of Service Order with Hazmat or passengers 180 days
28-3312(C)(2) Second violation of Out of Service Order with Hazmat or passengers within 10 years. three years
28-3312(D)(1) First violation of any Railroad crossing law 60 days
28-3312(D)(2) Second violation of any Railroad crossing law within three years. 120 days
28-3312(D)(3) Third violation of any Railroad crossing law within three years. one year
28-3312(E)(1) More than one Implied Consent Permanently Permanently – Not eligible for reinstatement after 10 years
28-3312(E)(2) More than one DUI, Extreme DUI or Aggravated DUI Permanently – Not eligible for reinstatement after 10 years
28-3312(E)(3) More than once uses a noncommercial vehicle in the commission of a felony. Permanently – Not eligible for reinstatement after 10 years
28-3312(F) If a Federal agency determines that you are an imminent hazard Not to exceed one year
28-3312(H)(1) Second violation of no valid CDL license within three years 60 days (third violation is 120 days)
28-3312(H)(2) Second violation of driving a CMV without a CDL in possession 60 days 60 days (third violation is 120 days)
28-3312(H)(3) Second violation of driving a CMV without a valid endorsement for vehicle driving. 60 days (third violation is 120 days)

About the Author

Shawn Hamp

President and lead counsel for the Law Offices of Shawn B. Hamp, P.C. (An Arizona Professional Corporation), Shawn Hamp has practiced law for more than 15 years with an emphasis in criminal law. An experienced trial attorney, Mr. Hamp has been lead counsel in hundreds of criminal trials and court...

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