Flagstaff lawyer focuses on Commercial Drivers License (CDL) issues under Arizona traffic laws…

Trucking through Arizona usually involves I-40 near cities like Kingman, Williams, Flagstaff, Winslow, Holbrook, and more. Northern Arizona traffic violations can lead to severe consequences for CDL drivers in Arizona.

CDL drivers are often faces with charges of speeding, failure to control their trucks, excessive speeding, criminal speeding, reckless driving, improper or erratic lane changes, following a vehicle too closely, driving a commercial motor vehicle (CMV) without obtaining a CDL or having a CDL in the driver’s possession, driving a CMV without the proper class of CDL and/or endorsements, and other violations of the Arizona Revised Statutes Title 28 (i.e., Arizona traffic laws).

There are a seemingly infinite number of ways for your to get your Arizona CDL suspended or for you to lose your Arizona CDL entirely. With your livelihood and career on the line, it is important that you know the facts about CDL’s and the penalties for violating CDL rules and traffic laws in Arizona.

The minimum age for a commercial driver license in Arizona is 21.
Under federal law (Code of Federal Regulations or “CFR”) and under Arizona, there are different classes of CDL’s:

Class A – Any combination of vehicles with a GCWR of 26,001 or more pounds provided the GVWR of the vehicle(s) being towed is in excess of 10,000 pounds.

Class B – Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 pounds GVWR.

Class C – Any single vehicle, or combination of vehicles, that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers, including the driver, or is transporting material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR Part 172 or is transporting any quantity of a material listed as a select agent or toxin in 42 CFR Part 73.

YOUR ARIZONA CDL WILL BE CANCELLED If

There are many ways to lose your CDL. In Arizona, your CDL may be cancelled for any of the following:

  1. Failing to give correct information on the application,
  2. Applying while your license/driving privilege is disqualified, suspended, revoked or canceled in Arizona or another state,
  3. Falsely stating your age as 21 or over,
  4. Not meeting the medical requirements,
  5. Failing, refusing, or neglecting to pay fees, taxes or assessments to MVD.

Traffic violations are strictly punished when it comes to your Arizona CDL.

TRAFFIC VIOLATIONS RESULTING IN SUSPENSION OF YOUR ARIZONA CDL

It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .04% or more. If you operate a CMV, you shall be deemed to have given your consent to alcohol testing. This is called “implied consent” under Arizona DUI laws.

You will lose your CDL for at least one year – that is, it will be suspended for at least 1 year – for a first offense for any of the following:

  1. Driving a CMV if your blood alcohol concentration is .04% or higher. (You will be put out-of-service for 24 hours if you have any detectable amount of alcohol under .04%.)
  2. Refusing to undergo blood alcohol testing.
  3. Driving a motor vehicle while under the influence of a controlled substance.
  4. Leaving the scene of an accident involving a motor vehicle driven by the person.
  5. Committing a felony involving the use of a CMV.
  6. Driving a CMV when the CDL is suspended, revoked, disqualified or canceled.
  7. Causing a fatality through negligent operation of a CMV, including a conviction of manslaughter, homicide or negligent homicide resulting from operation of a motor vehicle.

You will lose your CDL for life for a second offense.
You will lose your CDL for life if you use a CMV to commit a felony involving controlled substances.

SERIOUS TRAFFIC VIOLATIONS

Serious traffic violations are excessive speeding (15 mph or more above the posted limit), reckless driving, racing, improper or erratic lane changes, following a vehicle too closely, a violation of the Arizona Revised Statutes Title 28 that is connected with a fatal traffic accident, driving a CMV without obtaining a CDL or having a CDL in the driver’s possession, and driving a CMV without the proper class of CDL and/or endorsements.

You will lose your Arizona CDL for at least 60 days if you have committed 2 serious traffic violations within a 3-year period involving a CMV, or for at least 120 days for 3 serious traffic violations within a 3-year period involving a CMV.
Your Arizona CDL will be suspended for violations of out-of-service orders!
Your Arizona CDL will be suspended for railroad-highway grade crossing violations!
You can even lose your Arizona CDL for a traffic violation committed while in your personal vehicle!

BACKGROUND CHECKS ON CDL HOLDERS

Arizona participates in the Commercial Driver License Information System (CDLIS), which is a nationwide computer system providing information about holders of a CDL. When you apply for a new Arizona CDL or transfer a CDL from out of state, your application is checked against this system. Just like the National Driver Register, if you have outstanding or unresolved actions in any other state or you provide false information on your application, your Arizona CDL will be cancelled.

FEDERAL REQUIREMENTS AND REGULATIONS

The feds regulate CDL’s and trucking on a heavy basis. For example, you must notify your employer within 30 days of conviction for any traffic violations (except parking), and can face penalties for failing to do so. This is true no matter what type of vehicle you were driving (including your own person vehicle).
There are many requirements, including form requirements for trucker logs. A violation can be criminal in nature. For more information on federal and Arizona CDL requirements visit the Federal Motor Carrier Safety Administration.

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