New York Commercial Driver’s License Attorney
What Is the Definition of a Commercial Vehicle in NY?
A commercial vehicle is a type of vehicle used primarily for business purposes, often to transport goods, passengers, or to perform specific services. These vehicles are typically larger and more robust than personal vehicles and are designed to meet the demands of commercial activities. Examples of commercial vehicles include trucks, lorries, buses, vans, taxis, rid-sharing vehicles, and specialty vehicles.
Commercial vehicles are defined as:
- A vehicle with a gross vehicle weight rating of 26,001 pounds or more
- A vehicle designed to carry 16 or more people, such as a bus
- A vehicle which requires hazardous materials placards
You need a commercial driver's license (CDL) to drive a commercial motor vehicle in New York. If you drive such a vehicle without a commercial license in NY, you may go to jail or be fined up to $5,000.
Received a traffic ticket that may jeopardize your commercial driver's license? Call (877) 803-2603 to learn more about your legal options!
Common Types of CDL Violations
CDL holders are held to higher standards than regular drivers due to the size and nature of the vehicles they operate. As a result, there are several common types of CDL violations that can lead to penalties, fines, or even the suspension or revocation of the license.
Here are some of the most common CDL violations:
- Speeding: Speeding is a critical violation for CDL holders due to the increased stopping distance required for large vehicles. Multiple speeding infractions can lead to CDL suspension and significant fines.
- Reckless Driving: Reckless driving involves operating a vehicle with disregard for safety, a serious offense for commercial drivers. This violation can result in harsh penalties, including the potential suspension of the CDL.
- Driving Under the Influence (DUI): CDL holders face strict penalties for DUI, with a legal limit of 0.04% BAC. A DUI conviction can lead to a one-year disqualification or permanent loss of the CDL for repeat offenses.
- Logbook Violations (Hours of Service): Falsifying logbooks or exceeding the allowed driving hours under Hours of Service regulations is a serious violation. These infractions can result in fines, penalties, and CDL suspension.
- Following Too Closely: Maintaining a safe following distance is crucial for CDL drivers due to the longer stopping distances required. Violations for following too closely can lead to citations and increased accident risk.
- Improper Lane Changes: Unsafe or abrupt lane changes by commercial drivers can lead to accidents and citations. Such violations can result in fines and points on the driver’s record.
- Failure to Obey Traffic Control Devices: Ignoring traffic signals, such as running red lights or stop signs, is a serious offense for CDL holders. These violations can lead to significant penalties and contribute to CDL disqualification.
- Driving Without a Valid CDL: Operating a commercial vehicle without a valid CDL or proper endorsements is a major violation. This offense can result in hefty fines, vehicle impoundment, and legal consequences.
- Operating an Out-of-Service Vehicle: Driving a commercial vehicle that has been declared out of service is a severe infraction. Violating an out-of-service order can lead to substantial fines and CDL disqualification.
- Failure to Conduct a Pre-Trip Inspection: Commercial drivers are required to perform a pre-trip inspection to ensure vehicle safety. Failing to do so can result in violations and fines, especially if an accident occurs due to an overlooked issue.
- Overloading: Operating a vehicle that exceeds legal weight limits is a serious offense for CDL holders. Overloading can lead to fines and increased accident risks, with severe penalties for violations.
In the case of a driver with a commercial driver's license in NY, when your license is endangered, you will be unable to work and earn a living. If you have accumulated too many points on your driving record, your license can be suspended by the DMV, essentially putting you out of a job. Before that happens, we advise you to contact our firm to set up a free, initial consultation with a defense attorney to discuss the matter of your traffic offense and how it will affect your commercial driver's license. After a review of your situation, we can advise you on what to expect and how we can help.
Contact a New York Traffic Defense Lawyer Today!
Are you facing a traffic ticket which may put your NY commercial driver's license in jeopardy? Have you been cited with a traffic violation in the New York City area that will consequentially add points on your commercial driving record? If so, we recommend that you consult with a knowledgeable attorney at our firm as soon as possible. Our firm has extensive experience in defending drivers of all kinds against all types of traffic citations.
Why hire Gannes & Musico, LLP?
- More than 30+ years of experience
- Thousands of cases handled
- Glowing client testimonials
- Personalized legal strategies
With the skilled and experienced assistance of a traffic ticket defense lawyer from our firm, you stand a much better chance of avoiding an automatic conviction which will result in fines or points that could endanger your license and your ability to drive.
If you are in danger of losing your commercial driver's license in New York, contact our traffic lawyer for more information.
