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Commercial Driver Convictions and Suspensions

 

A commercial driving privilege holder is someone whose most recently issued driver license or permit is, or was, for driving commercial vehicles, even if:

  • The commercial driver license/commercial learner permit has expired; or
  • The commercial driver license/commercial learner permit is suspended, canceled or revoked.

You are not a commercial driving privilege holder if:

  • You have voluntarily surrendered your commercial driver license or commercial learner permit; or
  • Your commercial learner permit has expired and your most recently issued license was not a commercial driver license.

Commercial driver license or commercial learner permit holders are not eligible for any diversions for traffic offenses.

DMV will suspend your commercial driver license or commercial learner permit when the department receives a record of diversion under ORS 813.230. (Effective January 1, 2023).​

DMV will suspend your commercial driver license or commercial learner permit for one year if you are convicted of:

  • While driving ANY vehicle:
    • Being under the influence of alcohol;
    • Being under the influence of a controlled substance;
    • Refusing to take an alcohol test;
    • Failing a breath or blood test, and having an alcohol concentration of 0.08% or greater;  (Effective January 1,  2023)
    • Leaving the scene of an accident;
    • Using the vehicle to commit a felony; or
  • While driving a commercial motor vehicle:
    • Causing a death due to negligence;
    • Having an alcohol concentration of 0.04 or greater; or
    • Driving while suspended due to a prior commercial driver license or commercial learner permit suspension.

Other information:

  • The commercial driver license or commercial learner permit suspension will be for life if you are convicted of two or more of the above offenses. You may be eligible for reinstatement after 10 years if you qualify under OAR 735-063-0380.
  • If you are convicted of any of the above offenses during the 10-year suspension period, a new 10-year period starts on the effective date of the new commercial driver license or commercial learner permit suspension.
  • If your commercial driver license or commercial learner permit is reinstated after the 10-year period, and you’re subsequently convicted of any of the above offenses, your commercial driver license will be suspended for life with no possibility of reinstatement.
  • DMV will also suspend your commercial driver license or commercial learner permit for life if you are convicted of using a vehicle (commercial or non-commercial) in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance or if you are convicted of a crime in which a commercial motor vehicle was used and that involved an act or practice of severe forms of trafficking in persons as defined in rule. This suspension will be based on offense dates that occur on September 23, 2022 or later. There is no possibility of reinstatement for either of these suspensions​.

Serious traffic offenses are defined in OAR 735-063-0360. DMV will suspend your commercial driver license or commercial learner permit for:

  • 60 days if you are convicted of two of the offenses listed below within a three-year period; or
  • 120 days if you are convicted of three or more of these offenses within a three-year period:
    • While driving any type of vehicle (commercial or non-commercial) while holding a commercial driver license or commercial learner permit:
      • Reckless driving;
      • Exceeding the speed limit while driving 100 mph or more; or
      • Exceeding the speed limit by 30 mph or more when the court imposes a suspension.
    • While driving a commercial motor vehicle:
      • Operating the vehicle 15 mph or more above the posted limit;
      • Operating the vehicle without driving privileges;
      • Failure to carry or present proof of commercial driving privileges to a police officer;
      • Driving on the left on a curve or grade or at an intersection or rail crossing;
      • Failing to drive within a lane;
      • Unsafe passing on the left or right;
      • Following too closely;
      • Driving a motor vehicle while using a mobile electronic device;
      • Violating any law related to traffic control if the violation is connected to a fatal accident; or
      • Violating any law of another jurisdiction that corresponds to an Oregon law described above.

DMV will suspend your commercial driver license or commercial learner permit if you fail to appear in court or fail to pay a traffic fine for a traffic offense in any state as a commercial driver license or commercial learner permit holder or while driving a commercial motor vehicle.

If the Federal Motor Carrier Safety Administration determines that you pose an imminent hazard, DMV will impose an emergency disqualification of your commercial driver license or commercial learner permit for up to one year. They define imminent hazard as "the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury or endangerment."

DMV will suspend your commercial driver license or commercial learner permit for 60 days if you are convicted of one of the violations listed below while operating a commercial motor vehicle:

  • Failure to stop for a railroad signal in violation of ORS 811.455;
  • Failure to follow rail crossing procedures for high risk vehicles in violation of ORS 811.460;
  • Obstructing a rail crossing in violation of ORS 811.475; or
  • Failure of the driver of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train in violation of ORS 811.462.

More information:

  • If you get a second railroad crossing conviction, and the second offense occurred within three years of the first offense, your commercial driver license or commercial learner permit will be suspended for 120 days.
  • A third or subsequent railroad crossing conviction, if the offense occurred within three years of the first railroad crossing offense, will result in your commercial driver license or commercial learner permit being suspended for one year.

DMV will suspend your commercial driver license or commercial learner permit if you are convicted of violating an out-of-service order.

The suspension periods are as follows:

  • 180 days if it is your first out-of-service violation and you were not transporting hazardous materials or operating a vehicle designed for 16 or more passengers, including the driver.
  • One year if it is your first out-of-service violation and you were transporting hazardous materials or operating a vehicle designed to transport 16 or more passengers, including the driver.
  • Three years if it is your second or subsequent out-of-service violation within 10 years and you were not transporting hazardous materials or operating a vehicle designed for 16 or more passengers, including the driver.
  • Five years if it is your second or subsequent out-of-service violation within 10 years and you were transporting hazardous materials or operating a vehicle designed for 16 or more passengers, including the driver.

The Oregon Department of Transportation will also impose a civil penalty of $2,500 for the first violation of an out-of-service order or notice and $5,000 for the second and subsequent violations.


Frequently Asked Questions