Serious moving violations are applicable to the suspension or disqualification of a commercial driver’s driving privileges in the State of Texas. For this reason it is important to understand what types of violations are considered “serious” and how they can impact a CDL carrier in Texas. This article is intended to shed light on the laws that apply to serious moving violations for commercial drivers and how they can impact a person’s ability to drive commercially. If you would like to discuss your traffic violations with an experienced ticket defense lawyer in Texas after reading this article, feel free to contact our office.
Disqualifications
Commercial Driver Traffic Ticket Defense
It is important for CDL carriers to understand the difference between a disqualification and a suspension. In Texas, a disqualification means that the person cannot drive commercially for the designated time period and is not entitled to a hearing on the matter. However, there is a limited exception as it pertains to moving violations. In the context of moving violations, a commercial driver is entitled to a hearing and one should be requested immediately upon notice of the disqualification if it is for traffic ticket convictions. The listed disqualification periods for traffic related convictions are as follows:
- Sec. 522.081. DISQUALIFICATION.
- (a) This subsection applies to a violation committed while operating any motor vehicle, including a commercial motor vehicle. A person who holds a commercial driver’s license or commercial learner’s permit is disqualified from driving a commercial motor vehicle for:
- (1) 60 days if convicted of:(A) two serious traffic violations that occur within a three-year period; or(B) one violation of a law that regulates the operation of a motor vehicle at a railroad grade crossing; or
- (2) 120 days if convicted of:(A) three serious traffic violations arising from separate incidents occurring within a three-year period; or
- (B) two violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occur within a three-year period.
- (a) This subsection applies to a violation committed while operating any motor vehicle, including a commercial motor vehicle. A person who holds a commercial driver’s license or commercial learner’s permit is disqualified from driving a commercial motor vehicle for:
Serious Moving Violations
Traffic Ticket Defense For Commercial Drivers
The language that defines serious moving violations in Texas is contained in the Texas Administrative Code. The specific statute is listed below with an explanation of what is considered serious as it relates to traffic violations.
- 16.62. Serious Traffic Violations and Habitual Violators: The Commercial Driver’s License Act, Texas Transportation Code, Chapter 522, defines certain motor vehicle offenses as “serious traffic violations” for the purpose of administering the Act. An improper or erratic traffic lane change is one of the definitions of a “serious traffic violation” as set out in the Act. Since an improper or erratic lane change is not an offense title in Texas, the department has designated the specific sections of the Texas Transportation Code, Chapter 545, as improper or erratic traffic lane changes for disqualification purposes pursuant to Texas Transportation Code, §522.081. This interpretation is also meant to apply to the defensive driving section of the Texas Transportation Code, §§543.111-543.114. A conviction of either of these offenses will be considered by the department as a “serious traffic violation”:
- (1) Texas Transportation Code, §545.060–“Changed Lane when Unsafe.”
- (2) Texas Transportation Code, §545.061–“Failure to Yield Right-of-Way-Changing Lanes.”
