Wednesday, August 25, 2010

CDL Rules and Regulations Applicable to OUI

This is a federal regulation adopted by the Federal Motor Carrier Safety Administration applicable to all commercial drivers’ licenses across the country. Our Massachusetts Registry of Motor Vehicles is mandated to follow these rules and regulations.

A first offender who holds a CDL will lose his privilege for one year and his employer must place the employee “out of service” until such time as his CDL has been reinstated. A second offense requires a lifetime suspension whether or not a commercial or non-commercial motor vehicle was being operated at the time of the offense. This penalty is a lifetime loss of license. The offender after ten (10) years may appeal the suspension, as long as he attends an alcohol rehabilitation program mandated by the state, but there is no guarantee that his CDL will be restored.

Unfortunately, our Board of Appeals which normally has authority in applicable cases to issue a hardship license has no authority to issue a hardship commercial driver’s license. For more complete information visit our website at www.iblawpc.com under important links, additional resources, Federal Motor Carrier Safety Administration - Rules and Regulations.