Commercial Drivers License (CDL) Laws

Persons holding a Commercial Drivers License (CDL) are held to higher standards than those who hold a Class D drivers license. Even when a CDL holder is driving their personal vehicle their driving habits reflect onto their CDL.

There is a great deal more knowledge required for driving a commercial vehicle due to size, environment, loads and, of course public safety. No one under the age of 18 can apply for a CDL and depending on the age of the licensee your renewal term could be one year or up to 5 years. CDL holders are required to take additional tests and qualify for driving trucks over a certain weight, more than one trailer, or if they are carrying hazardous material and additional testing is required if they are transporting passengers.

There are higher medical standards for commercial drivers than for other drivers because the work environment is more physically and mentally demanding and because of the increased risk to public safety. Driving conditions make it difficult for these drivers to adequately provide for any special medical, diet, exercise, or rest needs associated with a medical condition or physical impairment. Therefore, issuance of a commercial license is generally denied to drivers who do not meet the federal medical standards. All CDL holders must carry a Medical Examiner Certificate commonly known as a DOT Medical Card with them at all times and it has to be renewed by a physician upon expiration determined by medical fitness, but at least every two years.

Random “drug and alcohol” testing is done on all CDL drivers…and several companies also do additional “drug and alcohol” testing on their commercial drivers. Several companies within Richland County do additional required driver safety training for their commercial drivers. Bryan Gartner, Hi-Line Trucking, Sidney, provides additional internal safety programs for his CDL drivers. There are no requirements for class “D” drivers to be “drug and alcohol” tested or seek national driver safety training…unless required by law following a serious traffic violation.

According to Montana’s DOT the Department of Justice may not renew, upgrade or transfer a CDL with a hazardous materials endorsement until it receives notice from the Federal Transportation Security Administration (TSA) that the driver has passed a security background check. Commercial drivers, who renew a CDL with a hazardous materials endorsement, transfer their out-of-state CDL with a hazardous materials endorsement, or who want to add a hazardous materials endorsement to an existing CDL must:

Complete a separate TSA hazprint security application required under federal law

Have their fingerprints taken

Pass a hazardous materials knowledge test

The TSA security threat assessment (background check) must be completed prior to applying for the renewal of a Montana CDL, transferring an out-of-state CDL, or adding a hazardous materials endorsement.

According to the American Trucking Associations: As of Jan. 2, 2012, the Federal Motor Carrier Association and the Pipeline and Hazardous Materials Safety Administration published a joint final rule prohibiting the use of hand-held cell phones by CMV interstate truck drivers and intrastate hazmat truck drivers. CDL drivers are prohibited from holding, dialing, or reaching for a hand-held cell phone, this includes all “push-to-talk” functions.

Drivers who hold a CDL are also held at a higher standard when it comes to drinking and driving. The legal BAC limit for a person holding a CDL is .04% not the .08% BAC for non-commercial drivers. If a CDL driver is convicted of a DUI they will lose their license for one year with no probationary CDL allowed and two years if they hold a hazardous materials endorsement. Second or subsequent offense is a minimum of 10 years and possibly suspended for life.

A CDL can be suspended for serious traffic violations which can include but are not limited to: Speeding in excess of 15 mph over the limit, reckless driving, improper or erratic traffic lane changes or following too closely.

Those individuals holding a CDL are trained and licensed with “Public Safety” in mind…We as a community need to remember to respect the size of their vehicle and the reaction time of their vehicle. All drivers should renew their knowledge of traffic laws, safe driving habits and remember to drive defensively… Buckle up and drive un-distracted.