Under both Massachusetts and Federal Law, certain convictions or admissions to sufficient facts as well as cases which were continued without a finding (CWOF) will result in the defendant being disqualified from holding a Commercial Driver’s License (CDL). If the defendant is the holder of an active CDL or Commercial Driver’s Learner’s Permit (CLP), the Registry will automatically revoke it by operation of law when the disqualifying convictions are applied to the CDL holder’s Massachusetts driving record.
The Registry currently requires CDL drivers who have been suspended or revoked for 1 year or more to re-take the CDL exams, both written and road.
If the defendant does not currently hold an active CDL or CLP when the statutory disqualifiers are applied to his record, he or she will be blocked and prevented from being issued a CDL or CLP during the disqualification period.
Major offenses which generate automatic CDL disqualifications and revocations include DUI, Leaving the Scene of an Accident, and refusing to submit to a chemical test, after having been arrested for operating under the influence. Convictions, admissions, and/or CWOFs for any of these major offenses will result in the loss of CDL privileges for a period of 1 year, 2 years, or life. These major CDL disqualifications apply whether or not the driver was operating a passenger car or a Commercial Motor Vehicle. It is a misconception that only violations committed in a CDL vehicle count towards CDL suspensions and disqualifications.
Mandatory CDL-related penalties are governed by 49 CFR 383.51 as well as G.L. c. 90F § 9. Fortunately, US DOT CDL Regulations allow for the reinstatement of CDL driving privileges after 10 years from disqualification upon completion of an approved rehabilitation program. This means that a lifetime CDL Disqualification may not be permanent. If you have served a disqualification period of at least 10 years, the Board of Appeal can consider you for reinstatement of your CDL. The Registry will not grant any relief from a lifetime CDL disqualification without a finding and order from the Board of Appeal. This means that you must go to the Board and then to the Registry. I have been successful in obtaining relief from lifetime CDL disqualifications for the right clients. I invite you to contact me to discuss your particular situation and now I might be able to help you get your CDL back or remove the block so that you can apply for your CLP.