The Texas Department of Transportation may not issue a commercial driver’s license or commercial driver learner’s permit to a person who is disqualified from driving a commercial motor vehicle or while the person’s driver’s license or driving privilege is suspended, revoked, or canceled in any state. Tex. Transp. Code Ann. § 522.025(a).
This is important for commercial vehicle injury cases because a company cannot permit someone to drive a commercial vehicle if the person has been denied the privilege of driving a commercial motor vehicle, or if the person is disqualified from driving a commercial motor vehicle. Tex. Transp. Code Ann § 522.072. In these types of cases, the driver’s qualifications, or disqualifications can be uncovered during discovery, both in litigation and informally through criminal and company background checks. If there is any evidence that a driver was operating a commercial vehicle while disqualified, an injured victim will be able to recover exemplary damages and a negligence per se finding.
TEMPORARY DISQUALIFICATION:
60 days:
A person who holds a commercial driver’s license is disqualified from driving a commercial motor vehicle for 60 days if convicted of two serious traffic violations that occur within a three-year period, or one violation of a law that regulates the operation of a motor vehicle at a railroad grade crossing. Tex. Transp. Code Ann. § 522.081(a)(1).
120 days:
A person is disqualified from driving a commercial motor vehicle for 120 days if convicted of three serious traffic violations arising from separate incidents occurring within a three-year period, or two violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occur within a three-year period. Tex. Transp. Code Ann. § 522.081(a)(2).
One Year:
A person who holds a commercial driver’s license is disqualified from driving a commercial motor vehicle for one year:
(1) if convicted of three violations of a law that regulates the operation of a motor vehicle at a railroad grade crossing that occur within a three-year period;
(2) The first conviction of violating criminal laws, including:
- driving a motor vehicle under the influence of alcohol or a controlled substance,
- leaving the scene of an accident involving a motor vehicle driven by the person,
- using a motor vehicle in the commission of a felony, other than a felony described by statute,
- causing the death of another person through the negligent or criminal operation of a motor vehicle,
- or driving a commercial motor vehicle while the person’s commercial driver’s license is revoked, suspended, or canceled, or while the person is disqualified from driving a commercial motor vehicle, for an action or conduct that occurred while operating a commercial motor vehicle;
(3) For refusing to submit to a test to determine the person’s alcohol concentration or the presence in the person’s body of a controlled substance or drug while operating a motor vehicle in a public place;
(4) A urinalysis that shows operating either a commercial motor vehicle or any vehicle under the following conditions:
- Operating a commercial motor vehicle under an alcohol concentration of .04 or more, or under a controlled substance or illegal drug;
- Operating any motor vehicle in a public place with an alcohol concentration of over .08.
Tex. Transp. Code Ann. § 522.081(b) (1-4)
Three Years:
A person who holds a commercial driver’s license is disqualified from driving a commercial motor vehicle for three years when they commit the one-year violations above, while driving a commercial vehicle with hazardous materials. See generally, Tex. Transp. Code Ann. § 522.081(c) (1-2)
LIFETIME DISQUALIFICATION:
A person is disqualified from driving a commercial motor vehicle for life:
(1) if the person is convicted two or more times of the “1 year offense” specified above and those offenses arise from two or more separate incidents;
(2) if the person uses a motor vehicle in the commission of a felony involving:
- the manufacture, distribution, or dispensing of a controlled substance; or
- possession with intent to manufacture, distribute, or dispense a controlled substance;
(3) for any combination of two or more of the following, arising from two or more separate incidents:
- 2 or more convictions of the criminal law violations described above
- 2 or more refusals to consent to urinalysis
- 2 or more urinalysis’ that show operating a commercial vehicle over a .04 or operating any motor vehicle over a .08.
(4) if the person uses a motor vehicle in the commission of an offense under Federal Law that involves the transportation, concealment, or harboring of an alien.
Below is a helpful resource from the Texas Department of Transportation that Summarizes these disqualifications.
https://www.dps.texas.gov/section/driver-license/commercial-driver-license-cdl-disqualifications
