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Posted on in Traffic Violations

Il defense lawyerCommercial Driver’s Licenses (CDL) are not easy to come by. Drivers must pass a federal background check, submit medical forms, and pass state sanctioned skill and knowledge tests prior to obtaining their CDL. Keeping a CDL for a long period of time can be even more challenging, due to the strict punishments handed down for a CDL violation. Every single year upwards of 70,000 commercial truck drivers are charged with speeding alone, even a violation such as speeding can result in a CDL disqualification. In some cases though, a CDL violation is the fault of the employer. If you have been charged with a CDL violation, seek out legal assistance.

Employer Oversight Resulting in a Violation

There are a number of CDL violations that are solely the fault of the vehicle operator. A driver’s CDL can be disqualified for reckless driving, operating a commercial motor vehicle with a blood alcohol content over 0.04, and aggravated speeding. In other instances, a driver can receive a CDL violation due to employer oversight.

The Federal Motor Carrier Safety Administration (FMCSA) enforces trucking rules and regulations written in Title 49 of Code of Federal Regulations. Many of these regulations have little to do with the driver’s operation of the vehicle, and rather the company’s procedure. For instance, commercial truck drivers are only allowed to operate a vehicle for 14 consecutive hours, and a maximum of 11 hours per day. In many cases, a driver that is sanctioned for violating their hours limit is only doing so due to pressures set by their employer. Similarly, a driver can be sanctioned for driving an overweight truck, but either was misinformed on the weight of the cargo or was pressured by their employer to load additional cargo onto the truck. If a truck’s cargo is improperly or unsafely loaded, the driver could face consequences. In many cases though, the truck driver may have not been present during the time of loading.

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IL traffic lawyerEvery single year, thousands of Americans suffer serious injuries in collisions involving commercial trucks. Given the sheer size of most commercial trucks, these collisions often times result in fatalities. Because of this, commercial truck drivers are held to strict regulatory standards. Violation of these standards can result in loss of your commercial driver’s license. In some instances though, the violation that the truck driver was cited for was not the fault of the driver. Below we will examine some of the most common instances in which commercial trucking companies violate these standards. If you are cited for a CDL violation, seek out legal representation immediately.

Common Company Caused Violations

While some CDL violations are directly related to driver error, such as a DUI or reckless driving charge, many other violations are the direct fault of the trucking company. If a driver is cited for violating a driver out-of-service order regarding the transportation of hazardous materials, it is possible that they were not educated on the order by their company. If a driver is cited for driving an overweight truck, it is likely that the company overloaded the vehicle to minimize delivery time, putting their bottom line ahead of the safety and wellbeing of the driver.

In other instances, a driver may be violating regulations regarding their electronic logbook, due to pressure from the company to work extended hours. In all of these cases, a driver could ultimately lose their CDL due to the negligence of their company.

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