The Impact of a Commercial Traffic Violation on Your Employment: Legal Strategies for Truck Drivers
July 26, 2025
For truck drivers in New York, a commercial traffic violation can have far-reaching consequences, threatening not only their driving privileges but also their livelihoods. Commercial driver’s license (CDL) holders face stringent regulations due to the nature of their work, which involves operating large vehicles that pose significant safety risks.
A single violation can lead to license suspension, increased insurance costs, and even job loss, given the high standards employers and regulators impose.
Michael Kuzma, Attorney at Law, in Buffalo, New York, can explain the impact of commercial traffic violations on truck drivers’ employment in New York, the legal framework governing CDL violations, and actionable legal strategies to mitigate consequences and protect careers.
Understanding these elements is crucial for truck drivers traversing the intricate interplay of state and federal laws, employer policies, and industry standards.
A Breakdown of Commercial Traffic Violations in New York
Types of Violations
Commercial traffic violations encompass a range of offenses under New York’s Vehicle and Traffic Law (VTL) and federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). Common violations include:
Serious traffic violations: Speeding 15 mph or more over the limit, reckless driving, improper lane changes, following too closely, or driving a commercial motor vehicle (CMV) without a valid CDL.
Major violations: Driving under the influence (DUI) of alcohol or drugs, refusing a chemical test, leaving the scene of an accident, or committing a felony involving a CMV.
Out-of-service (OOS) violations: Operating a vehicle with safety defects, exceeding hours-of-service limits, or driving while fatigued.
Moving violations: Running red lights, failing to yield, or other infractions that add points to a driver’s record.
Logbook violations: Failing to maintain accurate records of duty status, as required by FMCSA’s hours-of-service rules.
Understanding and avoiding these various types of commercial traffic violations is essential for CDL holders to maintain compliance and protect their driving privileges.
New York’s Point System and CDL Consequences
New York uses a point system to track traffic violations, with points assigned based on the severity of the offense (e.g., speeding 11–20 mph over the limit is 4 points; reckless driving is 5 points).
For CDL holders, accumulating 11 points within 24 months can lead to license suspension. However, certain violations trigger immediate consequences under federal and state law:
Major violations: A DUI with a blood alcohol content (BAC) of 0.04% or higher (the CDL threshold, lower than the 0.08% for non-commercial drivers) results in a one-year CDL disqualification for a first offense and a lifetime disqualification for a second offense (VTL § 510-a).
Serious traffic violations: Two serious violations within three years lead to a 60-day CDL disqualification; three within three years result in a 120-day disqualification (49 CFR § 383.51).
Out-of-service violations: Driving during an OOS order (e.g., for hours-of-service violations) can lead to a 90-day to one-year disqualification for a first offense.
These penalties apply regardless of whether the violation occurred in a CMV or a personal vehicle, as New York and the FMCSA track all violations on a CDL holder’s record.
Impact on Employment
A commercial traffic violation can jeopardize a truck driver’s employment in several ways, as employers, insurers, and regulators prioritize safety and compliance.
Employer Policies
Trucking companies in New York, such as those operating under major carriers like JB Hunt or Schneider National, maintain strict driver qualification standards aligned with FMCSA regulations (49 CFR Part 391). A single violation can trigger:
Termination: Many employers have zero-tolerance policies for major violations like DUI or reckless driving. Even minor violations may lead to dismissal if they violate company safety protocols.
Suspension or reassignment: A driver with a suspended CDL may be temporarily reassigned to non-driving roles (e.g., warehouse work) or suspended without pay, depending on the employer’s policies.
Increased scrutiny: A violation may lead to additional training, closer monitoring, or a probationary period, affecting job security and advancement opportunities.
Adhering to employer policies is crucial for CDL holders to avoid termination, suspension, or increased scrutiny that can impact job security and career progression.
Insurance Implications
Trucking companies rely on commercial insurance, which is heavily influenced by drivers’ records. A violation can:
Raise premiums: Insurers may increase premiums for drivers with violations, making the driver less cost-effective for the employer.
Loss of insurability: Some insurers refuse to cover drivers with serious or major violations, forcing employers to terminate the driver or risk operating without coverage.
Maintaining a clean driving record is vital for CDL holders to avoid increased insurance premiums or loss of insurability, which can jeopardize their employment.
FMCSA Safety Ratings
The FMCSA’s Compliance, Safety, Accountability (CSA) program assigns carriers and drivers scores based on violations recorded during roadside inspections, crashes, and traffic citations. A driver’s violation can negatively impact the carrier’s CSA score, prompting employers to discipline or terminate the driver to maintain a favorable rating.
Loss of CDL and Job Prospects
A suspended or revoked CDL renders a driver unemployable in the trucking industry until reinstatement. Even after reinstatement, a violation remains on the driver’s Motor Vehicle Record (MVR) for years (e.g., DUI convictions are visible for 15 years in New York), making it harder to secure new employment.
Smaller carriers or owner-operators may face financial ruin if unable to drive due to lost contracts or business.
Industry-Wide Reporting
Violations are reported to the FMCSA’s Drug and Alcohol Clearinghouse (for drug/alcohol-related offenses) and the Commercial Driver’s License Information System (CDLIS). These databases are accessible to employers nationwide, limiting job opportunities even outside New York.
Laws Governing CDL Violations
Federal Regulations
The FMCSA sets national standards for CDL holders under 49 CFR Parts 383 and 391. Key regulations include:
Disqualification rules: Outlined in 49 CFR § 383.51, these specify mandatory disqualification periods for major and serious violations.
Hours-of-service rules: 49 CFR Part 395 limits driving hours to prevent fatigue-related violations, with electronic logging devices (ELDs) mandatory for most CMVs.
Drug and alcohol testing: 49 CFR Part 382 requires random testing and imposes strict penalties for positive tests or refusals.
Strict compliance with FMCSA regulations under 49 CFR Parts 383, 391, 395, and 382 is critical for CDL holders to avoid disqualifications and confirm safe, lawful operation of commercial vehicles.
New York State Laws
New York’s VTL complements federal regulations with state-specific rules:
VTL § 510-a: Governs CDL disqualifications for major and serious violations, aligning with FMCSA standards.
VTL § 509: Requires employers to verify CDL holders’ qualifications and monitor their driving records annually.
Point suspension: VTL § 510 authorizes license suspension for accumulating 11 points or specific offenses like reckless driving.
Understanding and complying with New York’s VTL provisions is essential for CDL holders to avoid disqualifications and maintain compliance with state and federal regulations.
Interaction with Courts
Traffic violations are adjudicated in New York’s local traffic courts, such as Justice Courts or the Traffic Violations Bureau (TVB) in New York City and certain counties. The TVB, operated by the Department of Motor Vehicles (DMV), handles most CDL violations and has stricter procedures than traditional courts, with limited plea bargaining options.
Legal Strategies for Truck Drivers
To mitigate the impact of a commercial traffic violation, truck drivers can employ several legal strategies. These focus on contesting the violation, minimizing penalties, and protecting employment.
Hire a Traffic Defense Attorney
Engaging an attorney experienced in New York traffic law and CDL regulations is critical. An attorney can:
Challenge the citation: Review the ticket for errors (e.g., incorrect vehicle details, improper officer conduct) and contest it in court to seek dismissal or reduction to a non-moving violation (e.g., a parking ticket), which doesn’t add points or affect CDL status.
Negotiate plea bargains: In non-TVB courts, attorneys may negotiate to reduce a serious violation (e.g., speeding 20 mph over) to a lesser charge (e.g., speeding 10 mph over) to avoid CDL disqualification.
Request an administrative hearing: For certain violations, such as OOS orders, request a DMV hearing to challenge the penalty before it impacts your record.
Hiring a skilled traffic defense attorney can significantly improve a truck driver’s chances of minimizing or dismissing a citation, protecting their CDL and livelihood.
Request a Stay of Suspension
If a violation triggers a CDL suspension, an attorney can request a stay from the DMV or court, allowing you to continue driving pending the outcome of a hearing. This is particularly useful for maintaining employment during the legal process.
Enroll in a Defensive Driving Course
Completing a New York DMV-approved Point and Insurance Reduction Program (PIRP) course can reduce up to four points from your driving record and lower insurance premiums. While not a direct defense against disqualification, it can help manage point accumulation and demonstrate a commitment to safe driving to employers.
Appeal a Conviction
If convicted of a violation, file an appeal within 30 days to the DMV Appeals Board (for TVB cases) or the appropriate appellate court (for non-TVB cases). An attorney can argue that the conviction was based on insufficient evidence, procedural errors, or incorrect application of law.
Successful appeals may overturn the conviction, preventing CDL disqualification and employment consequences.
Address Major Violations Promptly
For major violations like DUI:
Challenge testing procedures: An attorney can scrutinize the administration of breath, blood, or urine tests for procedural errors (e.g., improper calibration, unqualified personnel).
Seek alternative sentencing: In criminal courts, negotiate for alternatives like probation, treatment programs, or restricted licenses to minimize CDL disqualification periods.
Clearinghouse compliance: If a drug/alcohol violation is reported to the FMCSA Clearinghouse, complete a return-to-duty process, including evaluation and treatment, to restore eligibility for driving.
Addressing major violations like DUI with expert legal representation and strict compliance with regulatory processes is essential to mitigate penalties and restore a driver’s CDL eligibility.
Request a Restricted CDL
If your CDL is disqualified, apply for a restricted CDL (e.g., for intrastate driving or specific vehicles) through the New York DMV. This may allow you to continue working in limited capacities while addressing the underlying violation.
Communicate with Your Employer
Proactively inform your employer of the violation and your legal strategy. Provide documentation of your efforts to contest the ticket, complete training, or comply with FMCSA requirements. Transparency can preserve trust and demonstrate accountability, potentially avoiding termination.
Maintain Compliance with FMCSA Regulations
To prevent further violations:
Use ELDs correctly: Confirm accurate logging of hours to avoid OOS violations.
Conduct pre-trip inspections: Verify vehicle safety to prevent citations for equipment violations.
Stay current on testing: Comply with random drug and alcohol testing requirements to avoid Clearinghouse violations.
Strict adherence to FMCSA regulations through proper ELD use, thorough inspections, and compliance with testing protocols is crucial for avoiding violations and maintaining a clean driving record.
Seek Reinstatement After Disqualification
If your CDL is disqualified, work with an attorney to prepare for reinstatement:
Complete waiting periods: Serve the mandatory disqualification period (e.g., one year for a first DUI).
Submit documentation: Provide proof of compliance with court orders, treatment programs, or fines to the DMV.
Attend a hearing: For certain disqualifications, a DMV hearing may be required to demonstrate rehabilitation and eligibility for reinstatement.
Diligently completing all requirements and working with an attorney can streamline the CDL reinstatement process and help restore your driving privileges efficiently.
Explore Alternative Employment
If a violation severely impacts your CDL status, consider temporary non-driving roles within the trucking industry (e.g., dispatcher, safety coordinator) while working toward reinstatement. This preserves income and industry connections.
Contact a Traffic Law Attorney
A commercial traffic violation in New York can have profound consequences for truck drivers, from license disqualification to job loss and financial strain. By hiring an experienced attorney, challenging citations, pursuing appeals, and maintaining compliance, drivers can mitigate penalties and protect their livelihoods. Michael Kuzma, Attorney at Law, in Buffalo, New York, can help you. I serve Buffalo, New York, and individuals ticketed anywhere else in New York State. Reach out today!