Choose a
Different State

Go

Florida CDL Handbook: Driver Disqualifications

With the Florida CDL Driver Handbook, you can study up on the issues that specifically relate to earning your CDL endorsement.

Florida CDL Handbook: Driver Disqualifications

Table of Contents

1. Introduction

1.2.1 General

You may not drive a commercial motor vehicle (CMV) if you are disqualified for any reason. Disqualification results from certain offenses committed in a CMV and in some cases from offenses committed in your personal noncommercial vehicle if that non-CMV offense also causes withdrawal of your basic driving privilege. Circumstances causing disqualifications are listed in Chapter 322.61, Florida Statutes. They include but are not limited to:

1.2.2 Alcohol, Leaving the Scene of an Accident, and Commission of a Felony

It is illegal to operate a CMV if your blood alcohol concentration (BAC) is .04% or more. If you operate a CMV, you shall be deemed to have given your consent to alcohol testing.

You will lose your CDL for at least one year for a first offense for:

  • Driving a CMV if your blood alcohol concentration is .04% or higher.
  • Driving under the influence of alcohol.
  • Refusing to undergo blood alcohol testing.
  • Driving under the influence of a controlled substance.
  • Leaving the scene of an accident.
  • Committing a felony involving the use of a motor vehicle.

You will lose your CDL for at least three years if the offense occurs while you are operating a CMV that is placarded for hazardous materials.

You will lose your CDL for life for a second offense.

You will lose your CDL for life if you use a motor vehicle to commit a felony involving controlled substances.

You will be put out-of-service for 24 hours if you have any detectable amount of alcohol.

1.2.3 Serious Traffic Violations

Serious traffic violations are excessive speeding (15 mph or more above the posted limit), reckless driving, improper or erratic lane changes, following a vehicle too closely, and traffic offenses committed connection with traffic accidents causing fatalities or injuries.

You will lose your CDL:

  • For at least 60 days if you have committed two serious traffic violations within a three-year period.
  • For at least 120 days for three serious traffic violations within a three-year period.

1.2.4 Violation of Out-of-Service Orders

You will lose your CDL:

  • For at least 90 days if you have committed your first violation of an out-of-service violation order.
  • For at least one year if you have committed two out-of-service violation orders in a ten-year period.
  • For at least three years if you have committed three or more out-of-service violation orders in a ten-year period.

1.2.5 Railroad-highway Grade Crossing Violations

You will lose your CDL:

  • For at least 60 days for your first violation.
  • For at least 120 days for your second violation within any three-year period.
  • For at least one year for your third violation within any three-year period.

These violations include violation of a federal, state or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing:

  • For drivers who are not required to always stop, failing to stop before reaching the crossing if the tracks are not clear.
  • For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train.
  • For drivers who are always required to stop, failing to stop before driving onto the crossing.
  • For all drivers failing to have sufficient space to drive completely through the crossing without stopping.
  • For all drivers failing to obey a traffic control device or the directions of an enforcement official at the crossing.
  • For all drivers failing to negotiate a crossing because of insufficient undercarriage clearance.

1.2.6 Hazardous Materials Endorsement Background Check and Disqualifications

If you require a hazardous materials endorsement you will be required to submit your fingerprints and be subject to a background check.

You will be denied or you will lose your hazardous materials endorsement if you:

  • Are not a lawful permanent resident of the United States. Certain other individuals with unrestricted employment authorization may qualify for exception.
  • Renounce your United States citizenship.
  • Are wanted or under indictment for certain felonies.
  • Have a conviction in military or civilian court for certain felonies.
  • Have been adjudicated as a mental defective or committed to a mental institution.
  • Are considered to pose a security threat as determined by the Transportation Security Administration.
  • Florida CDL's with a hazardous materials endorsement are issued for a period of 4 years and may be renewed up to 1 year before they expire. Drivers holding a CDL with a hazardous materials endorsement are encouraged to renew early to avoid ineligibility for transporting hazardous materials while awaiting results of their security checks.
  • A background check fee of $91.00 is charged to customers for new or renewed hazardous materials endorsements, in addition to other fees for CDL issuance.
  • Information and on-line forms to begin the application process for Florida CDL hazardous materials endorsement can be found at http://www.flhsmv.gov/Hazmat/.