| CDL Convictions and Suspensions |
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| Conviction Masking |
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(No Diversion for CDL Holders)
Federal Motor Carrier Safety Administration (FMCSA) rules and Oregon statutes do not permit courts to offer any diversion for traffic offenses if you are a CDL holder. This includes the ability to plead guilty to a first DUII and get a diversion. The conviction for Driving Under the Influence of Intoxicants (DUII) and all other traffic convictions will be entered on your driving record if you hold a CDL. You are considered to hold a CDL if you have a valid CDL, you have a CDL that has been expired for less than one year or if your CDL has been suspended but has not been cancelled or revoked.
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| Serious Violation |
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DMV will suspend your commercial driving privileges for 60 days if you are convicted of two of the offenses listed below within a three year period. DMV will suspend your commercial driving privileges for 120 days if you are convicted of three or more of these offenses within a three year period.
While operating any type of motor vehicle (commercial or non-commercial) while holding a valid CDL:
- Reckless Driving – (ORS 811.140);
- Exceeding the speed limit while driving 100 mph or more (effective January 1, 2008); or
- Exceeding the speed limit by 30 mph or more when the court imposes a suspension (effective January 1, 2008).
While operating a Commercial Motor Vehicle (CMV):
- Operating the vehicle 15 miles per hour or more above the posted limit;
- Operating the vehicle without driving privileges;
- Failing to carry a driver license or presenting the driver license to a police officer;
- Driving on the left side of a curve, grade, intersection, or rail crossing;
- Failing to drive within a lane;
- Unsafe passing on the left or right;
- Following too closely;
- 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.
If you get multiple serious violation suspensions and one or more of these suspensions is still in effect, any additional serious violations suspensions imposed will run consecutively to any serious violation suspension already in effect.
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| Major Violation |
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DMV will suspend your commercial driving privileges for at least 1 year if you are convicted of any one of the offenses listed below while operating a commercial motor vehicle (CMV) or while operating your personal vehicle and holding a CDL:
- Being under the influence of alcohol as prescribed by State law;
- Being under the influence of a controlled substance;
- Having an alcohol concentration of 0.04 or greater while operating a CMV;
- Refusing to take an alcohol test as required by a State or jurisdictions under Implied Consent laws;
- Leaving the scene of an accident;
- Using the vehicle to commit a felony (includes but not limited to assault, criminal mischief, fleeing or attempting to elude, murder, negligent homicide, manslaughter, unauthorized use);
- Driving a CMV when, as a result of prior violations committed operating a CMV, the CDL is revoked, suspended or canceled, or you are disqualified from operating a CMV; or
- Causing a fatality through the negligent operation of a CMV, including but not limited to motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.
The CDL suspension will be for at least 10 years if you are convicted of two or more of these offenses. DMV may reinstate your license after 10 years only if you qualify under OAR 735-070-2000, retest, and pay both CDL issuance and reinstatement fees.
DMV will also suspend your commercial driving privileges 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. The suspended privileges may never be reinstated.
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| FMCSA Imminent Hazard |
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FMCSA may require DMV to impose an emergency disqualification for up to one year if they determine you pose an imminent hazard. FMCSA defines 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.”
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| Railroad Crossing Violation |
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DMV will suspend your commercial driving privileges for 60 days if you are convicted of one of the railroad crossing 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 operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train in violation of ORS 811.462.
If you get a second railroad crossing conviction within three years, the suspension period is 120 days. A third or subsequent conviction within three years will result in a suspension of CDL privileges for 1 year.
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| Out-of-Service Order Violation |
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DMV will suspend your commercial driving privileges if you are convicted of violating an out-of-service order.
The suspension periods are as follows:
- 90 days if a first out-of-service violation and you are not transporting hazardous materials or operating a vehicle designed for 16 or more passengers, including the driver.
- 1 year if a first out-of-service violation and you are transporting hazardous materials or operating a vehicle designed to transport 16 or more passengers, including the driver.
- 3 years if a second or subsequent out-of-service violation within 10 years and you are not transporting hazardous materials or operating a vehicle designed for 16 or more passengers, including the driver.
- 5 years if a second or subsequent out-of-service violation within 10 years and you are transporting hazardous materials or operating a vehicle designed for 16 or more passengers, including the driver.
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| Failure to Pay Child Support |
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Oregon law requires that DMV suspend your commercial driving privileges in accordance with the Professional License Act of 1993 for failure to pay child support. The suspension is imposed and cleared upon appropriate notification by a District Attorney or Support Enforcement Division.
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