Checkbox icon Commercial Drivers License Disqualification

Explanation

Your Commercial Driver’s License (CDL) and/or operating privileges can be disqualified for certain convictions.

 

Major Disqualifying Offenses

Major Disqualifying Offenses for CDL holders Operating Any Motor Vehicle (Is Not Limited To Operation Of A Commercial Motor Vehicle):

  • Driving any motor vehicle under the influence of alcohol or a controlled substance.
  • Refusing to take an alcohol or drug test after operating any motor vehicle.
  • Leaving the scene of an accident driving any motor vehicle.
  • Committing a felony offense involving the use of any motor vehicle.

Major Disqualifying Offense Operating A Commercial Motor Vehicle (CMV) (Does Not Need To Be A CDL Holder But Must Be Operating A CMV):

  • Driving a CMV while the person’s alcohol level is 0.04% or more.
  • Driving a CMV while the driver’s CDL is revoked, suspended, cancelled, or the driver is disqualified from operating a CMV.
  • Causing a fatality through the negligent operation of a CMV, including motor vehicle homicide.

After the first major offense, the disqualification is for one year. If the vehicle is transporting hazardous materials required to be placarded, the disqualification is for three years. A second offense will result in your CDL being disqualified for life.

Any CDL Holder Using Any Motor Vehicle In The Commission Of A Felony Involving Manufacturing, Distributing Or Dispensing A Controlled Substance Will Be Disqualified For Life.

    Serious Disqualifying Offenses

    Serious Disqualifying Offenses apply to any driver operating a CMV or a CDL holder operating a non-CMV and the court conviction results in the license being revoked or impounded by the court, it will be considered a serious offense and count towards disqualification.

    Two convictions within 3 years results in a 60 day disqualification and a 3rd conviction within 3 years results in a 120 day disqualification.

    • Speeding excessively, involving any speed of 15 or more above the posted speed limit.
    • Willful reckless or reckless driving.
    • Making improper or erratic traffic lane changes.
    • Following the vehicle ahead too closely.
    • Any traffic control violation in connection with a fatal accident.
    • Driving a CMV without obtaining a CDL.
    • Driving a CMV without a current CDL in the driver’s possession.
    • Driving a CMV without the proper class or endorsement for the specific vehicle being operated.

    Serious Disqualifying Railroad Offenses

    If the driver operates a CMV in violation of federal, state or local law and:

    • Driver is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train.
    • Driver is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear.
    • Driver is always required to stop, but fails to stop before driving onto the crossing.
    • Driver fails to have sufficient space to drive completely through the crossing without stopping.
    • Driver fails to obey a traffic control device or the directions of an enforcement official at the crossing.
    • Driver fails to negotiate a crossing because of insufficient under-carriage clearance.

    For 1st conviction results in a 60-day disqualification. The 2nd conviction within 3 years results in a 120-day disqualification. The 3rd conviction within 3 years results in a 1 year disqualification.

      Disqualification For Violating Out-Of-Service Orders

      Conviction of violating an out of service order while driving a CMV.

      For 1st conviction results in a 90-day to 1 year disqualification. The 2nd conviction within 10 years results in a 1 – 5 year disqualification. The 3rd conviction within 10 years results in a 3 - 5 year disqualification.

      Conviction of violating an out of service order while driving a CMV transporting hazardous materials required to be placarded, and/or transporting 16 or more passengers, including the driver.

      For 1st conviction results in a 180-day to 2 year disqualification. The 2nd conviction within 10 years results in a 3-5 year disqualification. The 3rd conviction within 10 years results in a 3 - 5 year disqualification.

        Imminent Hazard Disqualification

        The imminent hazard rule in Federal Regulation §383.52 specifies the periods for which a driver may be disqualified.

        In an emergency, if a driver should pose an imminent hazard, they shall be immediately disqualified for a period of no more than 30 days unless the driver is provided with an opportunity for a hearing with Federal Motor Carrier Safety Administration.

          Reinstatement Requirements

          You must submit the following requirements to the Department of Motor Vehicles, 301 Centennial Mall South, P.O. Box 94877, Lincoln, NE 68509-4877 or fax to (402) 471-8288:

          NOTE:  Requirements cannot be submitted to your local Driver License Exam Station

          1. Surrender your Nebraska CDL to the DOWNTOWN LINCOLN DMV OFFICE ONLY at 301 Centennial Mall South, Lincoln, NE or sign an affidavit of lost license if you no longer have possession of the license - which can be faxed to the number above. This does not apply if the license has expired OR you surrendered the CDL to have a Class O or M license issued.
          2. Pay a $125.00 reinstatement fee. Payment must be in the form of a cashier’s check or money order made payable to the Department of Motor Vehicles or be paid online. When submitting payment by mail, include identifying information (i.e. name, date of birth, license or social security number and current mailing address). Payment submitted by personal or business checks or not for the required amount will be returned.

           

          Testing Requirements

          After reinstating your CDL operating privileges, you will need to reapply for a Nebraska Commercial Driver’s License (CDL).  You will be required to obtain a Commercial Learner’s Permit (CLP), which will require appropriate written tests, and hold that CLP for 14 days, before you will be eligible to apply for and test for the CDL.  Proof of U.S. Citizenship or Lawful Status required.