Three Convictions in Twenty-Two Months
Luis holds a Class A CDL and drives interstate. His motor vehicle record shows three convictions: July 10, 2022, speeding 18 mph over the posted limit in a CMV; March 5, 2024, improper lane change in a CMV; and May 1, 2024, following too closely in a CMV. On May 20, 2024, his carrier runs an annual MVR review and discovers all three. Luis tells the safety director that the 2022 ticket is more than two years old and should not count, so he expects only the two 2024 convictions to be considered. He also says he reported each conviction to his employer within a few days, but he did not notify the State of domicile. The carrier's policy says any driver with a disqualification is removed from safety-sensitive duty immediately. Luis has a clean medical certificate and no other violations.
1. As of May 20, 2024, how many days of disqualification does Luis face? Show the three-year window and classify each conviction.
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He faces 120 days. The three-year window for the May 1, 2024 conviction reaches back to May 1, 2021. All three convictions fall inside it. Each is a serious traffic violation: speeding 18 mph over the limit is excessive speeding (15 mph or more), improper lane change is an improper or erratic lane change, and following too closely is listed as a serious violation. Two serious violations in three years trigger 60 days; three or more trigger 120 days. Luis has three within the window, so the 120-day period applies. His argument that the 2022 ticket is 'over two years old' confuses a two-year lookback with the three-year lookback in the CDL rule.
2. Does the fact that the first conviction is from 2022 mean it drops out before the May 2024 conviction? Explain.
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No. The rule uses a three-year period, not a two-year period. Measuring from the date of the third conviction, May 1, 2024, the window opens May 1, 2021. July 10, 2022 is about 22 months before the third conviction, so it is well inside the window. It would drop out only if the third conviction occurred after July 10, 2025. The carrier's MVR review on May 20, 2024, is also within the disqualification period that began with the May 1 conviction. Luis should not be assigned until the 120 days are served and the carrier confirms the disqualification has ended.
3. What notification obligations did Luis have after each conviction, and what are the consequences of not notifying the State?
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Under the CDL rules, a driver convicted of a traffic violation while operating a CMV must notify the employer within 30 days of the conviction and must notify the State of domicile within 30 days. The employer notification is how the carrier can track disqualifications; the State notification keeps the driving record and CDLIS current. Luis says he told his employer but not the State. Failing to notify the State can lead to additional state sanctions and can make his record inaccurate, but it does not erase the convictions or shorten the 120-day disqualification. The carrier should verify the State record directly and correct its own file, not rely only on the driver's reports.