Can a truck driver be disqualified as a commercial motor vehicle driver for being convicted of certain traffic violations?
Yes. The Federal Motor Carrier Safety Regulations (FMCSR) detail certain “serious traffic violations” that can cause a driver to be disqualified. FMCSR §383.51 contains a list of the offenses and the periods for which a driver must be disqualified. The disqualification depends on the type of vehicle the driver is operating at the time of the violation and the number of violations. There have been many truck accidents caused across the United States because of serious violations.
The Federal Motor Carrier Safety Regulations list the following as “serious traffic violations”:
(1) Speeding excessively, involving any speed of 15 mph or more above the posted speed limit;
(2) Driving recklessly, as defined by State or local law or regulation, including but not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property;
(3) Making improper or erratic traffic lane changes;
(4) Following the vehicle ahead too closely;
(5) Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal automobile accident;
(6) Driving a CMV without obtaining a CDL;
(7) Driving a CMV without a CDL in the driver’s possession; and
(8) Driving a CMV without the proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported.
Why does the Federal Motor Carrier Safety Administration make a big deal about “serious traffic violations?”
Because these are the violations that cause a large number of the Missouri truck accidents on our highways and roadways. The following truck accident is a prime example of how “serious traffic violations” cause great damage to people and property.
A recent chain reaction truck accident on Interstate 81 near Salem, Virginia involved two tractor-trailers and six cars. The truck crash caused both southbound lanes for hours.
Police said the truck accident was caused by the driver of a southbound tractor-trailer that suddenly attempted to change lanes (a serious violation) at a spot where three lanes turned into two. The big rig lost control and crashed through a guardrail.
The situation was made worse when another tractor-trailer crashed in the center of the median and flipped over. The trucks and the trailers blocked a the lanes of the Interstate and caused two more vehicles to become involved in the crash.
Police are unsure what caused the first truck to do what he did.
Both truck drivers were charged with reckless driving (a serious violation) for the events surrounding the Missouri truck accident. Luckily, there was no hazardous material being hauled at the time of the accident. One truck was carrying hand lotion and the other truck was carrying empty plastic bottles.
As an experienced Missouri truck accident lawyer, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately alert our truck accident team and begin taking the same action as the truck company and their insurance company.
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