The novice commercial driver must remember that driving without a CDL, commercial driver’s license, CPL, commercial learner’s permit, or the required endorsement for that class of vehicle is a “serious offense.”
The commercial driver must have a CDL if:
If the single vehicle’s gross vehicle weight rating (GVWR) is more than 26,000 pounds
If the combination vehicle’s weight is more than 26k and the towed vehicle’s weight is more than 10k
Any single passenger-carrying vehicle designed to transport ten or more people, including the driver
Any vehicle towing another vehicle of 10,001 pounds or more
If the vehicle of any size and weight is transporting Hazardous Materials (HM), Hazardous Wastes (HW), or Toxins or requires placarding - CFR 42, Part 73 & CA Health and Safety Code (CHSC) 25115 and 25117.
Qualifications to apply for a CDL include:
Eighteen years or older and possess a valid CA driver’s license to apply for a commercial learner’s permit (CLP).
Must be 21 years of age to participate in interstate commercial transportation in a commercial motor vehicle (CMV) of 26,001 pounds or more.
Must be 21 years of age to transport HM, HW, or Toxins for interstate or intrastate commerce. – CA Vehicle Code (VC) Section 12515.
However, there are three classes of CMV:
Class A: Combination vehicles with a GVWR of 26,001 pounds or more, and the towed vehicle weighs more than 10,000 pounds.
Class B: A single vehicle that has a GVWR of more than 26,001 pounds, or the combination vehicle is towing less than 10,000 pounds.
Class C: Single or combination vehicles not classified as either Class A or B but designed to transport placarded HM, HW, toxins, or commercial vehicles transporting 16 passengers or more, including the driver.
There might be other requirements. Check the CA DMV Truck Driver portal for specific requirements and instructions, and the CA DMV “Do I Need a CDL Flowchart.”
What Does CA VC Say About Driving Without a CDL, CPL, or Endorsement?
Often, but not always, if an employer needs you to drive a vehicle for business or commercial purposes, you will need to get a CDL.
That CDL provides you with driving privileges that regular drivers don’t need or have authority for. Before driving for pay, you must acquire a CPL, CDL, and the proper endorsements for that vehicle and transport class.
According to CA VC Section 12500, Driver’s Licenses:
Paragraph (d) “A person may not drive a motor vehicle or combination of vehicles that is not of a type for which the person is licensed.”
That language is straightforward and applies to all vehicles, private or CMV.
Therefore, you must fulfill all obligations for getting behind the wheel and driving or face a misdemeanor charge of driving without a CDL, CPL, endorsement, or otherwise.
This misdemeanor charge also applies to driving with a suspended license. If your CA driver’s license is suspended, you must consult with a CA traffic attorney about getting a restricted license to drive commercially.
What 49 CFR Part 383.51 Says About Driving Without a CDL
Driving without a CDL, CLP, or endorsement is one of the violations the DOT FMCSA considers a serious offense:
“Driving a CMV without obtaining a CLP or CDL or without a CLP or CDL in the driver’s possession.” — 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
A second conviction of driving without a CDL, CPL, or endorsement will result in a 60-day driver disqualification, and a third conviction will result in a 120-day disqualification.
“There are separate disqualification tables for the following types of offenses in 49 CFR 383.51: major offenses, serious offenses, railroad-highway grade crossing offenses, and violations of out-of-service orders. Major and serious offenses require driver disqualification even if the CDL holder is driving a non-CMV.”
Driving without a CDL is often charged as a misdemeanor crime.
What Are the Penalties for Driving a CMV Without a CDL?
The penalties for a conviction are very harsh:
Up to three negligent operator treatment system (NOTS) points on your CA motor vehicle driving record (MVR) (driving on a suspended license) .
Compliance, Safety, and Accountability (CSA) severity points that are filed on the driver’s Pre-employment Screening Program (PSP) record for three years.
Up to six months in county jail or probation.
A base fine of up to $1,000. However, the base fine is subject to county and state penalties, court costs, and surcharges, which make the total three to five times the base.
Possible civil penalties (up to $5,000 and jail time) from the DOT FMCSA.
A driver disqualification of 60 to 120 days.
When charged with driving without a CDL, CPL, or vehicle endorsement, you must consult a traffic attorney immediately.
NOTE: Before making a statement to law enforcement officers or court officials. You do not have to answer questions without an attorney present.
Contact Bigger & Harman Immediately After Driving Without a CDL
If you are charged with driving without a CDL, call us immediately to schedule a no-cost, no-obligation initial consultation.
Call us on (661) 349-9300. Se habla Español (661) 349-9755, or use the handy, contact form, or email,attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DMV Portal, Becoming a Commercial Driver.
The DMV Portal CA Commercial Driver Handbook.
CA VC Section 12500, Driver’s Licenses.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.