Text Size:   A+ A- A   •   Text Only
Find     
Site Image

CDL Convictions and Suspensions

Overview

Image of a large commercial truck

This page describes the actions that DMV will take in certain circumstances relating to convictions you receive or incidents that occur while you are a CDL holder or driving a commercial motor vehicle (CMV). DMV is required to take these actions by Federal Motor Carrier Safety Administration (FMCSA) regulations and by Oregon statutes.

Use any of the links below to go directly to any section:

Definition of CDL Holder

Oregon statute defines a CDL holder as a person who was issued a CDL by DMV or the licensing agency of any other jurisdiction, as long as the CDL is:

  • Not expired, or if expired, expired less than one year; or
  • Suspended, but not cancelled or revoked.
Conviction Masking

No Diversion for CDL Holders
CDL holders are not eligible for any diversion for traffic offenses. This includes the ability to plead guilty to a first DUII and get a diversion.

All traffic convictions will be entered on your driving record if you hold a CDL.

Serious Violations

Serious traffic violations are defined in ORS 801.477. DMV will suspend your commercial driving privileges for 60 days if you are convicted of two of the offenses listed below and the offenses occurred within a three-year period. DMV will suspend your commercial driving privileges for 120 days if you are convicted of three or more of these offenses and the offenses occurred within a three-year period:

  • While operating any type of motor vehicle (commercial or non-commercial) while holding a CDL:
    • Reckless driving;
    • Exceeding the speed limit while driving 100 mph or more; or
    • Exceeding the speed limit by 30 mph or more when the court imposes a suspension.
  • While operating a Commercial Motor Vehicle (CMV):
    • Operating the vehicle 15 mph or more above the posted limit;
    • Operating the vehicle without driving privileges;
    • Failing to carry a driver license or to present the driver license to a police officer;
    • Driving on the left side of a curve, grade, intersection, or rail crossing;
    • Failing to drive within a lane;
    • Unsafe passing on the left or right;
    • Following too closely;
    • Violating any law related to traffic control if the violation is connected to a fatal accident; or 
    • Violating any law of another jurisdiction that corresponds to an Oregon law described above.

If a serious violation suspension is in effect when DMV imposes an additional serious violation suspension, the additional serious violation suspension will run consecutively to, not concurrently with, the existing serious violation suspension.

Note: In using the link above, you will need to scroll down to find the correct ORS reference.

Major Violations

DMV will suspend your commercial driving privileges for at least one year if you are convicted of any one of the offenses listed below while operating a CMV or while operating your personal vehicle and holding a CDL:

  • Being under the influence of alcohol as prescribed by State law;
  • Being under the influence of a controlled substance;
  • Having an alcohol concentration of 0.04 or greater while operating a CMV;
  • Refusing to take an alcohol test as required by a State or jurisdictions under Implied Consent laws;
  • Leaving the scene of an accident;
  • Using the vehicle to commit a felony (includes but not limited to assault, criminal mischief, fleeing or attempting to elude, murder, negligent homicide, manslaughter, unauthorized use);
  • Driving a CMV when, as a result of prior violations committed operating a CMV, the CDL is revoked, suspended or canceled, or you are disqualified from operating a CMV; or 
  • Causing a fatality through the negligent operation of a CMV, including but not limited to motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.

The CDL suspension will be for life if you are convicted of two or more of these offenses. You may be eligible for reinstatement after 10 years, if you qualify under OAR 735-070-2000, take all necessary tests, and pay reinstatement and CDL issuance fees.

If you are convicted of any of these offenses during the 10-year period, a new 10-year period starts on the effective date of the new CDL suspension.

If your CDL driving privileges are reinstated after the 10-year period, and you are subsequently convicted of any of these offenses, your CDL will be suspended for life with no possibility of reinstatement.

DMV will also suspend your commercial driving privileges for life if you are convicted of using a vehicle (commercial or non-commercial) in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance. There is no possibility of reinstatement.

Fail to Appear/Comply

DMV will suspend your commercial driving privileges if you fail to appear in court or fail to pay a traffic fine for a traffic violation or traffic crime in any state while holding a CDL or operating a CMV.

FMCSA Imminent Hazard

If FMCSA determines that you pose an imminent hazard, DMV will impose an emergency disqualification of your commercial driving privileges for up to one year. FMCSA defines imminent hazard as "the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment."

Railroad Crossing Violations

DMV will suspend your commercial driving privileges for 60 days if you are convicted of one of the railroad crossing violations listed below while operating a commercial motor vehicle:

  • Failure to stop for a railroad signal in violation of ORS 811.455;
  • Failure to follow rail crossing procedures for high risk vehicles in violation of ORS 811.460;
  • Obstructing a rail crossing in violation of ORS 811.475; or 
  • Failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train in violation of ORS 811.462.

If you get a second railroad crossing conviction, and the second offense occurred within three years of the first offense, your CDL will be suspended for 120 days. A third or subsequent railroad crossing conviction, if the offense occurred within three years of the first railroad crossing offense, will result in your CDL being suspended for one year.

Note: In using the link above, you will need to scroll down to find the correct ORS reference.

Out-of-Service Order Violations

DMV will suspend your commercial driving privileges if you are convicted of violating an out-of-service order.

The suspension periods are as follows:

  • 180 days if a first out-of-service violation and you are not transporting hazardous materials or operating a vehicle designed for 16 or more passengers, including the driver.
  • One year if a first out-of-service violation and you are transporting hazardous materials or operating a vehicle designed to transport 16 or more passengers, including the driver.
  • Three years if a second or subsequent out-of-service violation within 10 years and you are not transporting hazardous materials or operating a vehicle designed for 16 or more passengers, including the driver.
  • Five years if a second or subsequent out-of-service violation within 10 years and you are transporting hazardous materials or operating a vehicle designed for 16 or more passengers, including the driver.

The Oregon Department of Transportation will also impose a civil penalty of $2500 for the first violation of an out-of-service order or notice and $5000 for the second and subsequent violations.

Failure to Pay Child Support

As required by Oregon law, DMV will suspend your commercial driving privileges in accordance with the Professional License Act of 1993 for failure to pay child support. The suspension is imposed and cleared upon appropriate notification by a District Attorney or the Support Enforcement Division.

Related Information

Additional information that may be relevant includes: