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Kurtz & Peckham has extensive
experience representing Colorado
drivers who hold commercial
driver’s licenses (CDL’s).
Since 1988, Kurtz & Peckham has been the official provider of legal services to the
bus drivers, mechanics, and maintenance personnel who make Colorado’s public
transit run. Through an exclusive contract with the legal trust of the Regional
Transportation District (RTD), Kurtz & Peckham assists members of Local
1001 of the Amalgamated Transit Union (ATU, AFL-CIO) and their families on
traffic cases all over the metro Denver region -- from Boulder to Castle Rock,
Aurora to Golden.
As professional drivers, the members of ATU Local 1001 depend upon maintaining
a good driving record. Our office assists hundreds of bus operators with traffic-related
matters and auto accident cases each year. This extensive representation of
traffic cases enables Kurtz & Peckham to provide intelligent advise to
our clients, based upon up-to-date knowledge of local courts, prosecutors’
offices, driving education opportunities, and Colorado traffic offenses. We
also appear at hearings before the Department of Motor Vehicles in Lakewood,
Colorado.
Here is a sampling of the types of traffic cases we handle:
Speeding and other traffic violations may result in the suspension or revocation
or your driving privileges. Your insurance company could increase your auto
insurance premium when you plead guilty to speeding and other types of moving
violations. By reducing the charge on a ticket to a non-moving violation,
we may help you avoid insurance premium increases. By contesting a ticket,
you can limit fines and avoid possible license suspension. In many cases,
we can reduce the number of points or save you from any points being assessed
against your license.
Whether you are interested in keeping a clean driving record, saving money,
or maintaining your license to drive, you can count on the expert advise of
Kurtz & Peckham attorneys.
The
following information summarizes
current state and federal laws
on how CDLs may be disqualified.
Starting in July 2005,
Colorado began to follow
stringent federal rules
concerning CDL holders.
Commercial Motor Vehicle Safety
Act of 1986 (CMVSA)
Colorado’s CDL program currently
implements federal requirements
provided in the Commercial Motor
Vehicle Safety Act of 1986, 49
U.S.C. chapter 313, which
established the requirements for
the Commercial Drivers License.
The CMVSA requires all
individual states to comply with
certain standards in regards to
the licensing of commercial
motor vehicle (CMV) drivers.
It also requires states to
ensure that drivers convicted of
certain serious traffic
violations be prohibited from
operating a CMV.
Colorado driver licensing
standards currently comply with
the CMVSA.
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Motor Carrier Safety Improvement
Act of 1999 (MCSIA)
Effective July 1, 2005, Colorado
will also implement the
requirements of the federal
Motor Carrier Safety Improvement
Act of 1999.
The MCSIA mandated that the
Federal Motor Carrier Safety
Administration and DOT to
correct perceived weaknesses in
the CDL program. The CMVSA
originally required
disqualification of drivers only
for offenses committed while
operating a CMV (49 U.S.C.
31310).
The MCSIA makes more
offenses disqualifying, even if
they are committed while
operating a non-CMV.
The Section 201 of the MCSIA
adds reasons for disqualifying
drivers. These revisions include
imposing a disqualification on
CDL drivers who have been
convicted of traffic offenses
while operating a non-CMV
which result in their license
being cancelled, revoked, or
suspended or of committing drug
or alcohol related offenses
while driving a non-CMV.
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Disqualifying Offenses
There are 4 types of
disqualifying offenses that can
affect your CDL.
1. Serious Traffic Violations
2. Railroad Violations
3. Major Offenses
4. Violating an Out of Service
order
1. SERIOUS TRAFFIC
VIOLATION
Your CDL will be disqualified for:
Any TWO serious
violations in a THREE
YEAR period =
60 day CDL suspension
Any THREE
serious violations in a
THREE YEAR period =
120 day CDL suspension
Serious traffic violations are the following
·
Speeding 15 or more over the posted limit in a CMV
·
Unsafe or improper lane change in CMV
·
Following too closely in a CMV
·
Reckless driving in a CMV
·
Accident causing a fatality in a CMV
As of July 1, 2005, there will be three additional serious
violations (under MCSIA)
·
Driving a CMV without a CDL in possession
·
Driving a CMV without a CDL
·
Driving an improper class CMV or improper endorsement
2.
RAILROAD GRADE CROSSING OFFENSES
Any Railroad grade crossing offense committed in a commercial
vehicle will cause a
disqualifying action.
·
FIRST RR grade crossing offense = 60 day CDL
suspension
·
Any TWO RR grade crossing offenses in a
3 YEAR period =
120 day CDL suspension
·
Any THREE RR grade crossing offenses in
a 3 YEAR period
= 1 year CDL suspension
Effective July 1, 2005, a
violation of C.R.S. 42-4-706,
42-4-707, 42-4-708, or of a
substantially similar law of any
other state shall be deemed a
railroad crossing offense.
3.
MAJOR OFFENSES
A conviction for a Major
Offense will cause a
DISQUALIFICATION
of your CDL.
The length of the CDL disqualification for a
major offense is
·
FIRST OFFENSE = 1 YEAR CDL
disqualification / 3 years if
carrying HazMat
·
Any SECOND OFFENSE in a lifetime =
LIFETIME CDL
disqualification
The Major Offenses are:
·
Driving under the influence of alcohol or drugs in a CMV (See
C.R.S. 42-2-405(3)(b)(I)).
Effective July 1, 2005, “driving
under the influence" means any
violation of C.R.S. 42-4-1301
(1) or (2)(a), which includes
DUI, DUI per se, DWAI, DUID.
(See C.R.S. 42-2-405(3)).
·
Express consent BAC 0.04 or greater in a CMV. (See C.R.S.
42-2-405(3)(b)(II))
·
Refusal to take a breath or blood test in a CMV (C.R.S.
42-2-405(3)(b)(V))
·
Leaving the scene of an accident in a CMV. (See also C.R.S. §
42-2-405(3)(b)(III))
·
Commission of a felony in a CMV
Effective July 1,
2005 the following
ADDITIONAL
offenses will cause a CDL
disqualification even
when they occur in your PERSONAL
VEHICLE: (under
MCSIA and state law)
·
Causing a fatality due to wanton or willful driving in a CMV
·
Driving a CMV while under a CDL disqualification
·
DUI conviction with a BAC
of 0.08 or more in a non-CMV
·
Express Consent BAC 0.08
or more in a non-CMV
·
Refusal to take test in a
non-CMV
·
DUI controlled substance in a non-CMV
·
Leaving the scene of an accident in a non-CMV
·
Using a motor vehicle to commit a felony.
4. VIOLATING AN OUT OF SERVICE ORDER
An “Out-of-service order” means
a 24-hour prohibition against
driving a commercial motor
vehicle. C.R.S. § 42-2-402(8).
Title 49CFR § 382.505 provides
that drivers are prohibited from
driving for 24 hours, though not
placed out-of-service, when they
are discovered through testing
under part 382 to have an
alcohol concentration of 0.02 or
greater, but less than 0.04.
Results below 0.02 through testing are considered “negative.”
A person who drives, operates, or is in physical control of a CMV
while having any alcohol in his
or her system or refuses to
submit to a test to determine
alcohol content while driving a
CMV shall be placed out of
service.
Violating an Out of Service order will cause the following CDL
disqualifications:
·
First offense = 90 days suspension / 180 days if carrying HazMat
or passengers
·
Second offense in Ten Years = 1 year suspension / 3 yrs if
carrying HazMat or passengers
·
Third offense in Ten Years = 3 year disqualification
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Imminent Danger to Highway
Safety
Effective September 30, 2005,
the federal Motor Carrier Safety
Administration may disqualify a
CDL driver if they deem that
individual may be an imminent
danger to highway safety.
Colorado will cancel the CDL of
any person subject to a federal
disqualification order on the
basis of imminent hazard to
public safety pursuant to 49 CFR
383.52. C.R.S. §
42-2-404(1.5)(a)
MCSIA also prohibits the
following practices:
·
Masking, deferring imposition of judgment or allow an individual
to enter a diversion program
that would prevent a CDL
driver’s conviction from
appearing on the driver’s record
·
No CDL probationary or hardship license
·
A person who is subject to a federal disqualification is not
eligible for a restricted,
probationary, or hardship
license that would permit the
person
to
operate a CMV during the period
of disqualification. C.R.S. §
42-2-404(1.5)(b).
·
Out of State “Failure to Pay” or “Failure to Appear”
A state must accept an Out of State
conviction for FTA/FTP and treat
it like they would if it
happened in their own state. (49
CFR 383.5)
State records check and applicability (49 CFR
383.206(b))
A State must check and add to their history
any State that a driver has been
licensed for the last 10 years.
The State of Record must take the appropriate
action for any disqualifying
action that has never been taken
(No statute of limitations).
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HazMat Background Check
USA PATRIOT ACT/
Homeland Security
mandates that all individuals
carrying hazardous materials in
a CMV undergo and pass a FBI
background check every 5 years.
January 31, 2005 all new HazMat
drivers must undergo and pass
the background check
May 31, 2005 all HazMat renewals
and transfers must undergo and
pass the background
check
The cost for the background
check (incurred by the driver or
employers is expected to be
approximately $100). This does
not include the cost of the
license.
The background check in Colorado
will be good for 4 years.
The DMV is unsure yet where or
how Colorado will collect the
information to do the background
check.
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Questions & Answers
Can I drive a CMV while I
have a probationary license?
If your commercial or
non-commercial driver’s license
is under restraint, Colorado law
states that you shall not be
eligible for a restricted,
probationary, or hardship
license that would permit you to
operate a commercial vehicle
during the period of restraint.
C.R.S. § 42-2-404(1.5)(b).
Therefore, if you have a
probationary license, you cannot
drive a commercial vehicle.
Can I have more than one
driver's license?
Effective July 1, 2005, no
person who drives a commercial
motor vehicle may have more than
one
driver’s license under Colorado
law. C.R.S. 42-2-404(2). A CDL
license can only be issued in
the
driver’s state of legal
residence. If you have a CDL,
you can have no other driver’s
license in
ANY
other state.
Violation of this provision is a
misdemeanor subjecting violators
to a fine of $25-1000 and/or not
more
than one year in county jail.
C.R.S. 42-2-404(3).
Can I still drive my personal
vehicle if I lose my CDL?
A commercial driver whose
privilege to drive a CMV has
been cancelled or denied may,
following any applicable
revocation period, apply for
another type or class of
driver’s license as long as
there is not other statutory
reason to deny such person a
license.
What are the requirements to obtain a CDL in
Colorado?
·
You must be 21 years old.
·
You must be physically capable of obtaining a valid medical
examiner’s card
·
You must otherwise qualify for the license based on your driving
record.
Any of the following will disqualify
you from obtaining a Colorado
CDL:
·
If you possess a license from any state other than Colorado
·
If you are currently subject to any disqualification of your
commercial driving privilege
from Colorado or any other state
·
If you license is currently suspended, revoked, denied, or
cancelled.
·
If you have a conviction for operating a CMV while impaired in
the 24 months immediately
preceding application.
If my Colorado CDL is
revoked, can I apply for a CDL
in another state?
No.
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