Commercial Driver’s License Suspensions in Massachusetts
The Commercial Driver’s License (CDL) program in Massachusetts, established in 1990, aimed to address issues of unqualified truck drivers and enhance highway safety nationally. Governed by the Federal Commercial Motor Vehicle Safety Act of 1986, the Act mandates minimum national standards for CDL issuance while allowing states to retain licensing authority. Massachusetts adopted these federal standards, setting forth penalties for CDL violations and certain non-CDL offenses like DUI or breathalyzer refusal, regardless of the vehicle being operated.
A single DUI or breathalyzer refusal violation leads to a one-year CDL disqualification, while a second offense results in lifetime CDL revocation. The law includes a lifetime look-back period, and federal anti-masking provisions treat continuances without a finding (CWOF) as convictions concerning CDL suspensions and reinstatements.
However, hardship licenses to override CDL suspensions are prohibited by the Federal Motor Carrier Safety Administration. While CDL holders may obtain a Class D Hardship License for passenger cars, commercial motor vehicle operation is restricted. Notably, incidents of operating under the influence before June 14, 1994, raise questions regarding CDL suspension counting criteria.
Additionally, CDL holders with ignition interlock device (IID) restrictions are ineligible for CDLs due to federal regulations barring IIDs in commercial vehicles. The same restriction applies to Massachusetts motorcycle licenses.
Despite challenges, the Board of Appeal lacks discretion to modify disqualifications for valid offenses, emphasizing the importance of legal representation for CDL holders facing suspension. If you’re a CDL holder confronting suspension or revocation, consulting with an experienced attorney familiar with Massachusetts CDL laws is essential to understanding your rights and exploring potential defenses.
If you are facing a CDL suspension in Massachusetts, protect your livelihood and future. Call (508) 625-5776 or fill out an online form to seek knowledgeable legal counsel today.