Traffic Violations and Commercial Driver’s License Disqualification
Nevada drivers can lose their CDL license on a temporary or permanent basis. The degree of loss depends on whether the violation is characterized as major (which always results in some form of disqualification) or serious (which cumulatively result in disqualification) or otherwise. Below we set out the standards. Note: Using a CMV or non CMV in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance will result in a disqualification for life, without the possibility of reinstatement.
Disqualification for major violations. Below we list the causes for a “major violation.” The first violation for a major violation, in a CMV or a non-CMV, results in a one-year disqualification (or a three-year disqualification if transporting hazardous materials required to be placarded). The second violation for a major, in a CMV or a non-CMV, results in a lifetime disqualification. The driver may be eligible for reinstatement under certain conditions after ten years. Major violations include:
- Being under the influence of alcohol as prescribed by Nevada law.
- Being under the influence of a controlled substance.
- Having a blood alcohol concentration (BAC) of .04% or greater while operating a CMV .
- Refusing to take an alcohol test as required by Nevada law under its implied consent laws or regulations.
- Leaving the scene of an accident.
- Using the vehicle to commit a felony.
- Driving a CMV when, as a result of prior violations committed operating a CMV, the driver’s CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV.
- Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.
- Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance.
Disqualification for serious traffic violations. The first violation for a serious violation does not result in a disqualification. A second serious violation within three years, results in a 60 day disqualification, and a third serious violation within three years, results in a 120 day disqualification. Serious disqualifications must be served consecutively. All serious violations in a CMV are included. Serious violations in a non-CMV must not be included, unless it results in the revocation, cancellation, or suspension of the CDL holder’s license or non-CMV driving privileges.
- Speeding excessively, involving any speed of 15 miles per hour or more above the posted speed limit.
- Driving recklessly, as defined by Nevada law, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property.
- Making improper or erratic traffic lane changes.
- Following the vehicle ahead too closely.
- Violating Nevada law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident.
- Driving a CMV without obtaining a CDL.
- Driving a CMV without a CDL in the driver’s possession.
- 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.