Some Causes of New York Commercial Driver’s License (CDL) Suspension
by Seth Azria on 9/18/2018
A non - CDL driver will have their driving privilege suspended if they accumulate more than 11 points or have 3 speeding convictions in any 18 months period. New York has more strict suspension rules for drivers holding a Commercial Driver’s License (“CDL”).
The New York DMV will suspend a CDL for 60 days if the CDL holder is convicted of two “serious traffic violations” committed within a three year period arising from separate incidents regardless of whether the convictions occurred in New York State or outside of the state. The suspension period will be 120 days for three “serious traffic violations” in three years. (NY VTL §510-a)
Some common “serious traffic violations” are:
- use of a handheld mobile telephone or a portable electronic device while operating a commercial motor vehicle,
- speeding fifteen or more miles per hour over the established speed limit,
- reckless driving
- improper or erratic lane change
- following too closely
A CDL will be suspended:
- for 60 days for a failure to stop at a railroad gate crossing (NY VTL §1171)
- for 60 days for obstructing highway-railroad grade crossing (NY VTL §1176)
The suspension will increase to 120 for the second conviction of VTL §§ 1171 or 1176 within 3 years and a full year for the third conviction in the same three year period.
The Azria & Bruffett Law Firm defends commercial drivers in courts all over central and western New York. If you have been charged with a traffic violation, we invite you to contact us to discuss how we can minimize the impact of that ticket on your career and life.