Oregon DMV Has Expanded the Rules for CDL Drivers and Serious Traffic Violations
Serious traffic violations are serious business for CDL drivers. Under ORS 809.525:
DMV will suspend your CDL 60 days for if you get two serious traffic violations within three years.
DMV will suspend your CDL 120 days for if you get three serious traffic violations (or more) within three years.
If you get more than one suspension, they must be served consecutively (one after the other).
Here’s the current list of serious traffic violations:
The current list is available in OAR 735-063-0360
An offense under this section is a serious traffic offense if the conviction directly results in the revocation, cancellation, or suspension of the CLP or CDL-holder’s license or non-CMV driving privileges [Note: does not have to be in a CMV] by this state, another state or territory of the United States, or by another country.
While operating a non-CMV and holding commercial driving privileges, a serious traffic offense means an offense of:
(a) Speeding excessively, involving any speed of 15 miles per hour or more above a regulated, posted, or basic rule speed limit; ACD codes S15, S16, S21, S26, S31, S36, S41, S71, S81, S91, and S92.
(b) Reckless driving – ORS 811.140 (Reckless driving); ACD code M84.
(c) Failure to drive within a lane — ORS 811.370 (Failure to drive within lane); ACD code M42.
(d) Unsafe passing on the left — ORS 811.410 (Unsafe passing on left); ACD code M42.
(e) Unsafe passing on the right — ORS 811.415 (Unsafe passing on right); ACD code M42.
(f) Following too closely — ORS 811.485 (Following too closely); ACD code M34.
(g) Any violation of a motor vehicle traffic control law if the violation has the same offense date as a fatal accident, and the accident and violation occurred in the same incident – ACD code U31.
Violations under this subsection are those listed in OAR 735-064-0220 (Traffic Offenses Used in Habitual Offender, Driver Improvement, CMV Serious Offenses and Hardship Driver Permit Programs) and include city traffic offenses, offenses under federal law, the laws of another state or territory of the United States, or by another country. This subsection does not apply to violations of parking laws or laws regulating vehicle weight or equipment.
(2) An offense under this section is a serious traffic offense if a conviction resulted from an offense that occurred while operating a CMV:
(a) Speeding excessively, involving any speed of 15 miles per hour or more above a regulated, posted, or basic rule speed limit; ACD codes S15, S16, S21, S26, S31, S36, S41, S71, S81, S91, and S92.
(b) Reckless driving — ORS 811.140, ACD code M84.
(c) Failure to drive within a lane — ORS 811.370, ACD code M42.
(d) Unsafe passing on the left — ORS 811.410, ACD code M42.
(e) Unsafe passing on the right — ORS 811.415, ACD code M42.
(f) Following too closely — ORS 811.485, ACD code M34.
(g) Any violation of a motor vehicle traffic control law if the violation has the same offense date as a fatal accident, and the accident and violation occurred in the same incident – ACD code U31. Violations under this subsection are those listed in OAR 735-064-0220 and include city traffic offenses, offenses under federal law, the laws of another state or territory of the United States, or by another country. This subsection does not apply to violations of parking laws or laws regulating vehicle weight or equipment.
(h) Driving a motor vehicle while using a mobile electronic device — ORS 811.507, ACD codes M85, M86.
(i) Operating a CMV without proper classification or endorsement — ORS 807.010, ACD code B91.
(j) Operating a CMV without driving privileges — ORS 807.010(1); ACD code B56.
(k) Failure to carry or present to a police officer proof of commercial driving privileges — ORS 807.570; ACD code B57
Note: Washington CDL holders have slightly different rules and serious traffic violations in a non-CMV will count as a first serious traffic violation but the second serious traffic violation must occur in a CMV.
What to Do If You’re Charged with a Serious Traffic Violation
Remember, if you get one of these tickets, don’t discuss it with your citing officer and call Dore Law Firm to see if we can keep this ticket off your driving record!