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The Impact of Traffic Violations on Commercial Drivers in New York

Posted by Terri B. Kalker | Nov 04, 2024 | 0 Comments

Commercial drivers in New York face stricter standards and more severe consequences for traffic violations than other motorists. Even a minor infraction can lead to significant impacts, including the loss of money, time, and even driving privileges. Here's a breakdown of how traffic offenses can affect a commercial driver's license (CDL) in New York and why it's crucial for drivers to stay informed.


Traffic Points and Your CDL

New York's Department of Motor Vehicles (DMV) uses a point system to monitor traffic violations. Each offense adds points to a driver's license, ranging from two to five points depending on the severity. Accumulating 11 points within an 18-month period results in a suspended license.

For commercial drivers, however, the stakes are even higher. Certain infractions that add points to a standard driver's license add even more to a CDL. For example:

  • Speeding in a Work Zone: Regular drivers incur four points for this violation, but CDL holders are penalized with eight points.
  • Tailgating and Cellphone Use: These offenses add three points to a regular driver's license but five points to a CDL.

This difference in point accumulation reflects the high standards and responsibility that commercial drivers hold when sharing the road. Excessive points can jeopardize a commercial driver's livelihood, impacting job stability and career prospects.


Serious Offenses That Lead to Automatic License Suspension

Beyond the point system, certain violations result in immediate suspensions or revocations for CDL holders. Some infractions carry mandatory penalties, regardless of accumulated points, including:

  • Speeding Over 55 mph or Tailgating: A first offense leads to a 60-day suspension of the CDL. A second offense within three years results in a 120-day suspension.
  • DUI/DWI (Driving Under the Influence/Driving While Intoxicated): A DUI or DWI conviction is among the most severe violations for any driver. For CDL holders, a first DUI offense results in a one-year CDL suspension, while a second offense within three years leads to a lifetime ban.
  • Leaving the Scene of an Accident and Refusal to Take a Chemical Test: These actions result in an automatic CDL suspension due to the high responsibility commercial drivers bear on the road.

These offenses have significant consequences because commercial drivers operate larger, more complex vehicles, often transporting goods or passengers. The elevated risks associated with CDL-related violations underline the importance of safety and accountability.


The Ripple Effect of Traffic Violations on a Commercial Driver's Career

A traffic violation doesn't just affect a CDL holder's license – it can disrupt their entire career. Suspended driving privileges mean lost work opportunities, reduced income, and potential termination from companies with strict compliance policies. Additionally, a tarnished driving record can hinder future employment prospects, as many companies rely on clean driving records for insurance and liability purposes.

Moreover, the fines and court costs associated with these violations can add financial strain, and CDL holders may face additional penalties if their employers have internal policies for compliance and safety.


Tips for CDL Holders to Avoid Traffic Violations

With so much at stake, commercial drivers must take proactive steps to avoid traffic violations. Here are some recommendations:

  1. Stay Informed: Keep up-to-date with traffic laws, especially those related to commercial driving.
  2. Practice Defensive Driving: Remain vigilant, follow speed limits, and avoid risky behaviors such as tailgating and using a cellphone while driving.
  3. Understand the Consequences: Recognize that the penalties for traffic violations are generally harsher for CDL holders. Simple infractions can escalate quickly, affecting your career and financial stability.
  4. Prioritize Safety Over Speed: While deadlines are crucial in commercial transport, prioritize safe driving practices to avoid costly mistakes.

About the Author

Terri B. Kalker

I have been successfully defending motorists accused of all types of moving violations. Regardless of the charge, we realize it is important to you and we treat it so. My staff are all professional and at your service as soon as you call. We maintain extended business hours for your convenience. ...

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