What is a CDL?
A commercial driver’s license (“CDL”) is required to operate any commercial motor vehicle (“CMV”) in the State of Rhode Island.
A CMV is any motor vehicle that:
- Weighs more than 26,001 pounds;
- Designed to carry hazardous materials; or
- Designed to carry sixteen or more passengers
Rhode Island CDL Requirements:
- Must possess valid driver’s license for a minimum of 2 years;
- Must be at least 21 years old;
- Must provide a valid social security card and current medical card;
- Must pass CDL History Check; and
- Must pass both components of CDL Test (i.e. knowledge test and road test).
Can I lose my CDL if I get ticketed while operating a CMV?
Yes. A CDL holder may have his/her CDL license revoked or terminated while operating a CMV under the following circumstances:
Multiple “Serious Moving Violations”
- What is considered a serious moving violation (“SMV”)?
- Excessive speeding (> 15MPH over posted speed limit)
- Reckless driving
- Improper or erratic lane changes
- Following a vehicle too closely
- Traffic offenses committed in a CMV in connection with fatal traffic accidents
- Driving a CMV without CDL or proof of CDL
- Driving CMV without proper class of CDL and/or endorsements
- 2 SMV involving CMV within three-year period -> 60-day loss of CDL
- 3 SMV within three-year period -> 120-day loss of CDL
Railroad Crossing Violations
- 1st violation within 3-year period -> 60-day loss of CDL
- 2nd violation within 3-year period -> 120-day loss of CDL
- 3rd violation within 3-year period -> 1-year loss of CDL
Alcohol, Leaving Scene of Accident, and/or Commission of Felony
- 1-year loss of CDL for:
- Operating CMV with alcohol in one’s system
- Refusing to undergo BAC testing
- Operating CMV while under the influence of a controlled substance
- Leaving the scene of an accident
- Committing a felony involving the use of a CMV
- Driving a CMV while CDL is suspended
- Killing someone by way of negligent operation of CMV
3-year loss of CDL for:
- Offenses listed above if offense occurs while transporting hazardous materials
Loss of CDL for life:
- 2nd offense re: offenses listed above
- Committing a felony involving controlled substances while operating CMV
Driving While OSO in Effect
- What is an out-of-service order (“OS0”)?
- An out-of-service order is a temporary order that prohibits a CDL holder from operating a CMV (for example, operating a CMV with any amount of alcohol in CDL holder’s system automatically results in a 24-hour OSO).
- 1st offense in 10-year period -> 90-day loss of CDL (180-day loss of CDL if transporting hazardous materials or 16+ passengers)
- 2nd offense in 10-year period -> 1-year loss of CDL (3-year loss of CDL if transporting hazardous materials or 16+ passengers)
- 3rd offense in 10-year period -> 3-year loss of CDL
Can I lose my CDL if I get ticket while operating a personal vehicle?
It depends. A CDL holder may have his/her CDL license revoked or terminated while operating a personal vehicle under limited circumstances:
- -If a CDL holder’s privilege to operate a personal vehicle is revoked, cancelled, or suspended due to traffic violations (excluding parking tickets), s/he will also lose CDL/CMV driving privileges during that time.
- -If a CDL holder’s privilege to operate a personal vehicle is revoked, cancelled, or suspended due to traffic violations involving alcohol, controlled substances, or felony violations, s/he will lose CDL/CMV driving privileges accordingly
- 1st offense -> 1-year loss of CDL
- 2nd offense -> loss of CDL for life
Further, it is important to note a CDL holder cannot obtain a “hardship license” to operate a CMV when his/her license to operate a personal vehicle is revoked.
Revocation or termination of your CDL can interfere with your employment and livelihood. Our attorneys at the Marin & Murphy Law Firm can help. Contact us today to learn more and schedule your FREE initial consultation!
