For most Utah drivers, a speeding ticket or other traffic citation may mean a fine and points on a driving record. For a professional truck driver or anyone holding a Commercial Driver’s License (CDL), the consequences can be much more serious.
A CDL is often the driver’s livelihood. A seemingly minor traffic conviction can affect the driver’s commercial driving privileges, employment, insurance, and ability to remain in the trucking industry. Even more importantly, some traffic offenses can affect a CDL when the driver was operating a personal vehicle rather than a commercial truck.
CDL traffic cases therefore require consideration of both Utah law and federal law, particularly the federal regulations contained in 49 C.F.R. Parts 383 and 384.
Federal Law Governing Commercial Driver’s Licenses
Congress established the federal commercial-driver licensing system through the Commercial Motor Vehicle Safety Act. The federal statutory provisions are principally found at 49 U.S.C. §§ 31301–31317.
For most CDL traffic cases, however, the regulations issued by the Federal Motor Carrier Safety Administration are particularly important:
- 49 C.F.R. Part 383 — Commercial Driver’s License Standards; Requirements and Penalties.
- 49 C.F.R. Part 384 — State Compliance with Commercial Driver’s License Program.
These federal regulations establish minimum standards that states, including Utah, must follow in administering their CDL programs.
49 C.F.R. § 383.51: CDL Disqualification
One of the most important federal regulations for a CDL holder charged with a traffic offense is 49 C.F.R. § 383.51.
Section 383.51 contains several tables identifying offenses that can result in CDL disqualification. They include:
- Table 1 — Major offenses
- Table 2 — Serious traffic violations
- Table 3 — Railroad-highway grade crossing violations
- Table 4 — Violations of out-of-service orders
The nature of the offense, whether the driver was operating a commercial motor vehicle (CMV), the driver’s prior record, and sometimes whether the driver’s ordinary driving privileges were suspended can all affect the CDL consequences.
Major Traffic Offenses
Federal law treats certain offenses particularly seriously. Depending upon the circumstances, major offenses can include:
- Driving under the influence of alcohol;
- Driving under the influence of a controlled substance;
- Operating a CMV with an alcohol concentration of .04 or greater;
- Refusing a required alcohol test;
- Leaving the scene of an accident;
- Using a motor vehicle in the commission of certain felonies;
- Driving a CMV while commercial driving privileges are revoked, suspended, or canceled; and
- Negligently causing a fatality through the operation of a CMV.
See 49 C.F.R. § 383.51, Table 1.
A first major offense can generally result in a one-year CDL disqualification. The period can increase to three years when certain offenses occur while transporting hazardous materials requiring placarding. Repeat major offenses can carry even more severe consequences.
Your CDL Can Be Affected While Driving Your Personal Vehicle
This is one of the most misunderstood aspects of CDL law.
A CDL holder should never assume:
“I wasn’t driving my truck, so this can’t affect my CDL.”
That is not necessarily true.
Federal CDL regulations expressly provide for commercial-driving consequences for certain offenses committed while operating a non-commercial motor vehicle. See 49 C.F.R. § 383.51.
A DUI, leaving-the-scene offense, or other qualifying conviction arising from driving a personal car, pickup, or SUV can therefore have consequences for a professional driver’s CDL.
The distinction between operating a CMV and a non-CMV remains extremely important, however, because federal law treats some offenses differently depending upon the type of vehicle involved.
Serious Traffic Violations
Another important category is the federal “serious traffic violation.”
Under 49 C.F.R. §§ 383.5 and 383.51, qualifying offenses include, depending upon the circumstances:
- Speeding 15 miles per hour or more above the posted speed limit;
- Reckless driving;
- Improper or erratic lane changes;
- Following another vehicle too closely;
- Certain traffic-control violations arising in connection with a fatal traffic accident;
- Driving a CMV without obtaining a CDL;
- Driving a CMV without possessing the CDL;
- Driving a CMV without the proper class or endorsement;
- Texting while driving a CMV; and
- Certain handheld mobile-phone violations while driving a CMV.
These definitions can make the precise charge and ultimate disposition extremely important.
Why 15 MPH Over Matters to a CDL Driver
Consider a CDL holder cited for driving:
82 MPH in a 65 MPH zone.
That is 17 MPH over the speed limit.
Under federal CDL regulations, speeding 15 MPH or more above the posted limit can constitute a serious traffic violation.
Suppose the prosecution instead agrees to amend the citation to:
79 MPH in a 65 MPH zone.
That is 14 MPH over.
The distinction between 14-over and 15-over can be significant because the federal definition specifically uses the 15-MPH threshold.
This is an example of why an attorney representing a CDL holder should consider more than the ordinary fine and Utah point assessment when negotiating a traffic citation.
Multiple Serious Traffic Violations Can Result in CDL Disqualification
Under 49 C.F.R. § 383.51, Table 2, multiple serious traffic violations arising from separate incidents within a three-year period can result in substantial CDL consequences.
Depending upon the circumstances:
- Two serious traffic violations can result in a 60-day CDL disqualification.
- Three serious traffic violations can result in a 120-day CDL disqualification.
The rules differ in important respects depending upon whether the offense occurred in a commercial or non-commercial vehicle.
This makes the driver’s complete driving history important. A traffic citation that appears relatively insignificant in isolation may become much more serious when combined with an earlier qualifying conviction.
Pleas in Abeyance and the Federal “No-Masking” Rule
Utah drivers are familiar with pleas in abeyance and other dispositions that can sometimes keep an ordinary traffic or criminal conviction from remaining on a person’s record.
CDL cases are different.
49 C.F.R. § 384.226 contains the federal prohibition against “masking” traffic convictions involving CDL holders.
Federal law prohibits states from masking qualifying convictions, including through diversionary programs or dispositions that prevent the conviction from appearing on the driver’s CDL record when federal law requires it to be reported.
Significantly, the federal rule can apply to traffic violations committed in any type of motor vehicle, not simply a semi-truck or other commercial vehicle.
Consequently, a Utah CDL holder should not assume that a plea in abeyance will protect the CDL. It will not protect them, it will shoot straight through to federal and state bodies who make decisions on CDL drivers.
Federal Law Broadly Defines a “Conviction”
Another potential trap is the federal definition of “conviction” contained in 49 C.F.R. § 383.5.
For CDL purposes, the term is broader than many drivers might expect. Depending upon the disposition, it can include:
- An adjudication of guilt;
- A plea of guilty;
- A plea of no contest;
- Forfeiture of bail or collateral;
- Payment of a fine or court costs; and
- Certain other dispositions even when the penalty is later suspended or otherwise modified.
Therefore, simply avoiding what might ordinarily be described as a Utah criminal conviction does not necessarily eliminate the federal CDL consequences.
Utah’s Commercial Driver License Act
Utah has its own CDL statutory scheme:
Utah Code Title 53, Chapter 3, Part 4 — Uniform Commercial Driver License Act.
Two provisions are particularly important in traffic cases.
Utah Code § 53-3-404
Utah Code § 53-3-404 governs the requirements for operating a commercial motor vehicle and generally requires the driver to possess the appropriate commercial driver license or commercial learner permit.
Utah Code § 53-3-414
Utah Code § 53-3-414 addresses CDL suspension and disqualification and implements many of the consequences required by federal law.
For a CDL holder facing a Utah traffic charge, § 53-3-414 should be reviewed together with 49 C.F.R. § 383.51.
Reckless Driving Can Be Particularly Serious for CDL Holders
Utah’s reckless-driving statute is found at Utah Code § 41-6a-528.
Utah generally defines reckless driving to include operating a vehicle in willful or wanton disregard for the safety of persons or property.
For an ordinary driver, reckless driving is already a significant traffic offense. For a CDL holder, there is an additional problem: reckless driving is specifically identified as a serious traffic violation under federal CDL regulations.
A professional driver charged with reckless driving should therefore consider the potential CDL consequences before entering a plea.
CDL Drivers May Have Reporting Obligations
Federal law can also require a CDL holder to report certain traffic convictions.
Under 49 C.F.R. § 383.31, a commercial driver convicted of certain state or local motor-vehicle traffic-control violations may be required to notify the driver’s employer within 30 days.
The reporting requirements can extend to qualifying offenses committed while operating a personal vehicle.
What Should a CDL Driver Do After Receiving a Utah Traffic Ticket?
A CDL holder should evaluate a traffic citation differently from an ordinary driver. Before resolving the ticket, the driver and attorney should determine:
- Was the driver operating a commercial motor vehicle or personal vehicle?
- Is the charged offense a federal major offense?
- Is it a federal serious traffic violation?
- If speeding is charged, is the alleged speed 15 MPH or more over the limit?
- Does the driver have previous serious traffic violations within the applicable three-year period?
- Could the conviction trigger CDL disqualification under 49 C.F.R. § 383.51?
- Does Utah Code § 53-3-414 impose an additional consequence?
- Would a proposed plea in abeyance or diversion actually protect the CDL, or does the federal no-masking rule apply?
- Does the disposition constitute a federal CDL “conviction” under 49 C.F.R. § 383.5?
- Does the driver have an obligation to report the conviction to an employer?
These questions should generally be answered before the plea is entered, not after the CDL holder discovers an unexpected licensing consequence.
Utah CDL Traffic-Ticket Attorneys
At Howard, Lewis & Petersen, P.C., we represent Utah drivers charged with traffic and criminal offenses, including professional drivers whose livelihood depends upon maintaining a commercial driver’s license.
CDL cases can involve an unusual intersection of Utah traffic law, Utah driver-license law, and federal Department of Transportation regulations. A resolution that may be acceptable for an ordinary Utah driver can have very different consequences for someone who drives commercially for a living.
If you hold a CDL and have received a Utah speeding ticket, reckless-driving citation, DUI charge, or other traffic citation, consider the potential CDL consequences before simply paying the ticket or entering a plea.
Key CDL Laws
For additional research, the principal provisions discussed above include:
- 49 U.S.C. §§ 31301–31317 — Federal commercial motor vehicle operator statutes.
- 49 C.F.R. § 383.5 — Federal CDL definitions.
- 49 C.F.R. § 383.31 — Notification of traffic convictions.
- 49 C.F.R. § 383.51 — CDL disqualification and serious traffic violations.
- 49 C.F.R. § 384.226 — Prohibition against masking CDL convictions.
- Utah Code Title 53, Chapter 3, Part 4 — Uniform Commercial Driver License Act.
- Utah Code § 53-3-404 — Requirements to operate a commercial motor vehicle.
- Utah Code § 53-3-414 — CDL disqualification and suspension.
- Utah Code § 41-6a-528 — Reckless driving.
This article provides general information about Utah and federal CDL law and is not legal advice regarding any particular traffic citation. CDL consequences depend upon the particular offense, the vehicle being operated, the driver’s history, and the ultimate disposition of the case.