When Do I Need A CDL?

How do you know if you need a commercial driver license (CDL)?

The laws surrounding whether or not you need a CDL are complex. Even the cops who issue tickets for driving without a CDL have trouble understanding the laws. That’s why they use the handy flow chart you see at the end of this post. This is the flow chart police use to decide whether or not you need a CDL, and whether or not they should write you a ticket.

As you will notice, there are three key factors. They are gross vehicle weight, the number of passengers a vehicle is designed to carry, and hazardous cargo. In summary:

• If the vehicle you are driving has a gross vehicle weight rating of 26,001 pounds or more, you need a CDL
• If the vehicle you are driving is designed to carry 16 or more people, including the driver, you need a CDL.
• If the vehicle you are driving carries placardable amounts of hazardous materials, you need a CDL (with a hazardous materials endorsement).

Penalties For Driving Without A CDL

In Arizona, it is a criminal violation to drive a vehicle that requires a commercial driver license when you do not have a commercial driver license. The statute that covers this is A.R.S. 28-3481(A). If you are caught, you will likely be charged with a class 3 criminal misdemeanor. A class 3 misdemeanor carries the potential for a $500 fine (plus surcharges which would about double the fine), 30 days in jail, and probation. In reality, jail and probation are extremely unlikely.

Fighting A Ticket For Driving Without A CDL

If you are ticketed for driving without a CDL, there are basically two approaches. The first approach is to argue that you didn’t need a CDL in the first place. This is a strictly legal argument that depends on the type of vehicle you were driving. See the flowchart.

The second approach is to try to work out an agreement with the prosecuting attorney. We’ve had good success with that. We always advise our clients to get their CDL, quickly! If we can come into court and show proof that our client has obtained his or her CDL, then often we can get the criminal charge reduced to a civil charge, or maybe even get the charge dismissed all together.