Commercial Drivers License Disqualification

Explanation

Your Commercial Driver’s License (CDL) and/or your privilege to operate a commercial motor vehicle may be disqualified if you are convicted of certain offenses. A CDL disqualification applies only to your commercial driving privileges.

Whether you may obtain or retain a Nebraska Class O (operator) or Class M (motorcycle) license during the disqualification period depends on:

Your state of residency, and
Whether your non-commercial driving privileges remain valid.

The offenses that may result in a CDL disqualification are outlined below.

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.
Human Trafficking - for citations issued 11/14/2020 or after.

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, Dispensing A Controlled Substance or Human Trafficking 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.
Texting while driving.
Using a handheld mobile telephone.

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 180-day to 1 year disqualification. The 2nd conviction within 10 years results in a 2 – 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.

Driving Privileges During CDL Disqualification

This section explains when an individual whose Commercial Driver’s License (CDL) or commercial operating privilege is disqualified may be eligible to obtain or retain a Nebraska Class “O” (operator) or Class “M” (motorcycle) license,
and outlines the conditions that apply during the disqualification period.

Nebraska Residents With a CDL

If your non-commercial driving privileges are valid, you may apply for a Class “O” or “M” license during your CDL disqualification. You must:

Present your CDL Disqualification Letter, proof of identity and date of birth, and two address documents to a driver's licensing location.
Upon completion of processing and payment of the fee, you will be issued a 30-day receipt, with driving privileges.

If your non-commercial driving privileges are suspended or revoked, after completing your suspension/revocation and reinstatement requirements, you may apply for a Class “O” or “M” license. You must:

Present your Reinstatement/Clearance Letter with identity, birth date, and address documents to a driver's licensing location.
Complete any required testing (written, vision, and drive).
Upon successful completion of testing and payment of the fee, you will be issued a 30-day receipt, with driving privileges.

Individuals Who Do NOT Hold a Nebraska CDL

If you are a Nebraska resident who does not hold a CDL or operator’s license, and your driving privileges are valid, you may apply for a Class “O” or “M” license. You must:

Present your Disqualification Letter, identity and birth-date documents, and two address documents to a driver's licensing location.
Complete all required testing (written, vision and drive).
Upon successful completion of testing and payment of the fee, you will be issued a 30-day receipt, with driving privileges.

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

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.
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.

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Explanation

Driving Privileges During CDL Disqualification

Reinstatement Requirements

Testing Requirements

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