NY Traffic Tickets With Commercial Driver License (CDL)

Truck drivers (CDL license holders) can lose their license by receiving more then 3 serious traffic violation in a 3 year period.

A Commercial Driver License (CDL) is required by New York State to drive a vehicle weighing over 26,000 pounds, vehicles accommodating 15 or more passengers, including buses, and any vehicle used to transport hazardous material.

A CDL is only necessary when the above types of vehicles are used for a commercial or business purpose, and not a personal purpose.  For example, that is why a CDL is not required in order to drive a big U-Haul truck loaded with your personal belongings.

CDL Suspensions Put Your Job at Risk

Persons employed as commercial drivers depend on keeping their CDL in order to earn a livelihood and keep their job.  Commercial drivers risk losing their license for 60 days if they are convicted of two “serious traffic violations” within 3 a year period, while operating a commercial vehicle.  It is important to note that the convictions must be the result of two separate incidents. If the two violations happen at the same time, the 60-day suspension will not be applied. If a commercial driver is convicted of 3 serious traffic violations during a 3-year period, the result is that the suspension will be increased to 120 days.

Commercial driving frequently involves crossing state lines, and it is imperative that CDL holders realize that the above license suspensions apply whether the violations occur out-of-state as well as within New York State.

Which Violations are considered a serious traffic violation?

CDL holders are held to a stricter standard than drivers with regular licenses. Offenses that are usually considered run of the mill traffic tickets for regular drivers are classified as “serious traffic violations” for commercial drivers.

The following offenses are examples of those considered serious traffic violations:

  • Tailgating
  • Speeding by 15 miles or above
  • Unsafe lane changes
  • Traffic violations involving a fatal traffic accident
  • driving a commercial vehicle without a CDL

Certain offense will result in losing your CDL for an entire year, or 3 years in when transporting hazardous materials. These offenses include:

  • Driving a commercial vehicle with a blood alcohol level of .04% or higher (half the usual legal limit)
  • refusal to undergo blood alcohol testing
  • leaving the scene of an accident
  • operating a commercial vehicle with a revoked, suspended, or canceled CDL.
  • committing a felony involving the use of a vehicle

Although the general rule is that traffic offenses committed while driving your personal vehicles do not affect your CDL, there are a few notable exceptions to that rule.  Convictions for leaving the scene of an accident, violations related to alcohol and drug and felonies involving a motor vehicle will result in a one year suspension of your CDL for a first offense and lifetime CDL ban for a second offense, not mention the applicable points on your personal drivers license.

Commercial drivers who have been ticketed are strongly advised not to risk suspension or revocation of your CDL by seeking the representation of a competent attorney to advocate for your rights.

Attorney Adam H. Rosenblum is an experienced and skilled traffic violations attorney and provides expert and aggressive representation to commercial driver facing points on their driver’s license and the associated fines and surcharges.

20 thoughts on “NY Traffic Tickets With Commercial Driver License (CDL)”

  1. I was driving last night the company’s commercial vehicle in Brooklyn and I held my phone in my hand as per habit. An officer saw this and gave me a ticket. I have never had a fine before in my 3 years in the country. Is there a way to prevent points in my license? Also, will the company be notified and get some backlash as well?
    Thank you

    1. Marius – you may plead not-guilty and contest this ticket at court. Please note, Brooklyn is under the jurisdiction of the traffic violations bureau – a court system that does not allow for plea bargaining.

  2. In NYS if you get convicted of a violation. Do points go on your license from day you get convicted? Or is it retro active back to the date you received the ticket?? Also if you have a cdl and you get tickets in your personal vehicle is it a CDL infraction? Or does it count as a regular driver infraction? As far as cdl points vs regular license points

    1. William, thank you for your inquiry. Points are effective from the date of violation for assessment / suspension purposes, and from the conviction date for insurance implications.

  3. Currently holding WA CDL and just received a notice of disqualification/ suspension for 60days due to 2 traffic offenses within 3 years!
    1 offense: Improper lane change
    2 offense: Text while driving
    Both offenses I have already paid the fine which appear I’m guilty.
    Now before my CDL becomes invalid I want to transfer it to NY CDL, will these offenses still be on my record which will still put me on suspension?

    1. David – I would advise you to address any outstanding violations immediately. Changing your drivers license state would not allow you to avoid a suspension – as this information is shared between the states.

  4. If driving your own car with a CDL license and you received a speeding ticket for 22 mph over the speeding limit, how many points is that on your driving license ? Do the points double because you have a CDL?

    1. Kristen – Travelling 22 mph over the limit is a 6 point speeding ticket. Furthermore, points are not doubled because you have a CDL.

  5. Hy guys ….. i am a nyc cdl class A holder …. i’ll dribe uber in nyc … i never got any ticket or fine in my life on 7 years cld class A license …. will a no standing / no parking ticket affect my cdl class A if it happens to ever get anything like that ? … i will drive a uber suv suburban vehicle …..thanks

  6. I’ve got an accident on my license that I wasn’t responsible for that I received 4 points for which happened it 2016 and I’m trying to get the points removed. Any suggestions on how to go about this?

    1. While points will not be assessed against your NY Driving record, there is a chance that your insurance company will learn of this violation.

  7. Back in the time almost 3 years ago i was charged for speeding 41 miles above from the speed limit that was 50, i didn’t speak English and i decided to pay a lawyer and the judge found me guilty,is there anyway to appeal the ticket or is too late

    1. Juan – while I would need more details to give you a definitive answer, the likely answer would be no. You are likely well past any appeal deadlines. Additionally, you were found guilty after retaining counsel – which is very different than pleading guilty before a trial.

  8. It was recommended that I resign my CDL, instead of DMV taking my CDL. Reasons being… All within one yrs. time…
    One -actual vehicle to vehicle collision. No ticket given.
    One-“dusting” of a fender, which other vehicle was parked in front of a No Parking sign. No ticket given.
    One-dented drivers door on other vehicle. 100% NOT RESPONSIBLE.(Owner said it made a HUGE sound. 15 students didn’t hear a thing AND windows were down.) No ticket given.
    One-Drivers mirror broke on another districts bus. No ticket given. My question is, What happens after yr. is up? Do I just go to DMV and have it reinstated OR do I have to take the written and road test all over again?

    1. Due to the complex nature of your issue, I suggest you contact us to discuss your case in further detail. You may reach us at 888-434-0406.

  9. I received a cell ticket in Brooklyn. Then a cell/speeding(73 in 50) in Staten Island. Total of 16 points. I will take a defensive driver course which I believe takes off 4 points. I am pursuing a career with the nyc dept. of sanitation. Already passed my medical/physical etc. I just have to get my CDL license. All of my offenses occurred in my car with my regular NY license. Should I get my CDL? Will the judge be more likely to suspend my license if I have a CDL?

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