Transportation Code § 522.071 – Driving While Disqualified Prohibited (Commercial Driver’s License)

Table of Contents

• Code Details
• Exact Statute Text
• Transportation Code § 522.071 Summary
• Purpose of Transportation Code § 522.071
• Real-World Example of Transportation Code § 522.071
• Related Statutes
• Case Law Interpreting Transportation Code § 522.071
• Why Transportation Code § 522.071 Matters in Personal Injury Litigation

Code Details

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE B. DRIVER’S LICENSES AND PERSONAL IDENTIFICATION CARDS

CHAPTER 522. COMMERCIAL DRIVER’S LICENSES

Exact Statute Text

Click to view the complete statute text

DRIVING WHILE DISQUALIFIED PROHIBITED. (a) A person commits an offense if the person drives a commercial motor vehicle on a highway:

(1) after the person has been denied the issuance of a license or permit, unless the person has a driver’s license appropriate for the class of vehicle being driven that was subsequently issued;

(2) during a period that a disqualification of the person’s driver’s license, permit, or privilege is in effect;

(3) while the person’s driver’s license or permit is expired, if the license or permit expired during a period of disqualification;

(4) during a period that the person was subject to an order prohibiting the person from obtaining a driver’s license or permit; or

(5) during a period in which the person, the person’s employer, or the vehicle being operated is subject to an out-of-service order.

(b) It is not a defense to prosecution that the person had not received notice of a disqualification imposed as a result of a conviction that results in an automatic disqualification of the person’s driver’s license, permit, or privilege.

(c) Except as provided by Subsection (b), it is an affirmative defense to prosecution of an offense under this section that the person had not received notice of a denial, disqualification, prohibition order, or out-of-service order concerning the person’s driver’s license, permit, or privilege to operate a motor vehicle. For purposes of this subsection, notice is presumed if the notice was sent by first class mail to the last known address of the person as shown by the records of the department or licensing authority of another state.

(d) An offense under this section is a misdemeanor punishable as provided for an offense under Section 521.457.

(e) For the purposes of Subsection (a)(5), “commercial motor vehicle” has the meaning assigned by Section 644.001.

Transportation Code § 522.071 Summary

This Texas statute makes it an offense for an individual to operate a commercial motor vehicle on a public highway when they are not legally authorized to do so. Specifically, it prohibits driving a commercial vehicle under several circumstances indicating a lack of valid driving privilege. These include driving after being denied a license or permit (unless a proper license was later issued), during a period when a driver’s license or privilege has been disqualified, or if the license expired while it was disqualified. The law also covers situations where a person is subject to an order prohibiting them from obtaining a license, or if the driver, their employer, or the vehicle itself is under an “out-of-service” order.

An important aspect of this statute is its provisions regarding notice. For disqualifications resulting from an automatic consequence of a conviction, not receiving notice is generally not a valid defense. However, for other types of denials, disqualifications, or orders, a person may claim as an affirmative defense that they did not receive proper notice, though notice sent by mail to their last known address is presumed to be received. Violations of this section are considered a misdemeanor, with penalties referenced in another part of the Transportation Code. The statute also clarifies that the definition of “commercial motor vehicle” for out-of-service violations aligns with Section 644.001.

Purpose of Transportation Code § 522.071

The legislative intent behind this statute is primarily public safety, particularly given the inherent risks associated with commercial motor vehicles. Commercial drivers operate large, heavy vehicles that can cause catastrophic damage in an accident, necessitating a higher standard of care and strict adherence to licensing requirements. By prohibiting individuals from driving commercial vehicles while disqualified, denied, or under an out-of-service order, the law aims to keep potentially unsafe drivers and vehicles off Texas highways. This measure ensures that only qualified and authorized individuals operate commercial vehicles, thereby reducing the likelihood of collisions, injuries, and fatalities. The statute reinforces the integrity of the commercial driver’s license system and aligns with federal regulations designed to enhance highway safety across states. It addresses the critical problem of ensuring that individuals entrusted with operating these powerful vehicles possess the legal authority and fitness to do so responsibly.

Real-World Example of Transportation Code § 522.071

Imagine a truck driver named Mark, who holds a Commercial Driver’s License (CDL) in Texas. Due to a previous conviction for a serious traffic offense while operating a commercial vehicle, his CDL was disqualified for a period of one year. The Texas Department of Public Safety (DPS) sent Mark a notice of disqualification via first-class mail to his last known address. Despite this, Mark decides to accept a hauling job, believing he won’t get caught. One month into his disqualification period, while driving a large tractor-trailer on Interstate 45, he is pulled over for a routine inspection by a state trooper. During the inspection, the trooper checks Mark’s CDL status and discovers it is currently disqualified.

Under Transportation Code § 522.071, Mark would be committing an offense because he is driving a commercial motor vehicle on a highway during a period when his driver’s license disqualification is in effect, as specified in Subsection (a)(2). Even if Mark claimed he never received the mailed notice, it would be presumed he received it because it was sent to his last known address. If his disqualification was due to an “automatic disqualification” conviction, his claim of not receiving notice would not even be a valid defense under Subsection (b). Mark would face a misdemeanor charge, punishable as outlined in Section 521.457, for driving while disqualified.

Related Statutes

Understanding this statute often requires referring to other sections of the Texas Transportation Code that define terms, establish disqualification criteria, or specify penalties.

• Transportation Code § 522.003 (Definitions): This section provides the definitions for many terms used throughout Chapter 522, including what constitutes a “commercial driver’s license” and various related phrases, which are essential for properly applying § 522.071.
• Transportation Code § 522.081 (Disqualification): This crucial section outlines the specific offenses and conditions that lead to the disqualification of a commercial driver’s license. For example, convictions for serious traffic violations, operating a commercial vehicle under the influence, or leaving the scene of an accident can result in disqualification, directly triggering the prohibition in § 522.071 if the driver subsequently operates a commercial vehicle.
• Transportation Code § 521.457 (Driving While License Invalid): This section specifies the penalties for driving with an invalid license or while a license is suspended, revoked, or canceled. Transportation Code § 522.071 (d) explicitly states that an offense under it is punishable as provided in Section 521.457, which outlines the misdemeanor classifications (Class C, Class B, or Class A misdemeanor depending on prior convictions and circumstances).
• Transportation Code § 644.001 (Definitions): Referenced in Subsection (e) of § 522.071, this section provides the definition of “commercial motor vehicle” specifically for the purpose of an “out-of-service” order violation, ensuring consistent application of federal motor carrier safety regulations within Texas law.

Case Law Interpreting Transportation Code § 522.071

While direct interpretive case law specifically addressing the civil implications of Transportation Code § 522.071 in personal injury claims is not widely published, several criminal appellate cases discuss the elements of the offense and the affirmative defense of lack of notice. These cases primarily focus on the burden of proof for the state in establishing a violation and the defendant’s ability to assert an affirmative defense.

For example, *Sutton v. State, 477 S.W.3d 878 (Tex. App.—Houston [1st Dist.] 2015, pet. ref’d)*, provides an example of a court examining the elements of driving while disqualified and the application of the affirmative defense under subsection (c). The court in *Sutton* considered whether the evidence was sufficient to overcome the defendant’s claim of lack of notice. Such cases, while criminal in nature, offer insight into how the statute’s provisions, particularly concerning notice and proof of disqualification, are legally interpreted. You can find more information about this case by searching for “Sutton v. State 477 S.W.3d 878” on Google Scholar.

Why Transportation Code § 522.071 Matters in Personal Injury Litigation

Transportation Code § 522.071 plays a significant role in Texas personal injury litigation, especially in cases involving commercial motor vehicles, due to its implications for fault, damages, and liability.

When a commercial driver violates this statute and causes an accident, it can be a critical piece of evidence for a plaintiff. Driving a commercial vehicle while disqualified, expired during disqualification, or under an out-of-service order is a violation of a safety statute. This can establish negligence per se, meaning the driver is presumed negligent because they violated a law designed to protect the public from the very harm that occurred. The plaintiff would only need to prove that the violation was a proximate cause of their injuries, significantly simplifying the burden of proof for negligence.

Furthermore, a violation of this code section can open the door to claims for punitive damages. If a driver knowingly operated a commercial vehicle despite a disqualification or an out-of-service order, it demonstrates a reckless disregard for the safety of others on the road. This egregious conduct can justify asking a jury to award punitive damages, which are intended to punish the wrongdoer and deter similar behavior, rather than simply compensate for losses.

For the plaintiff’s legal strategy, discovery efforts will always include examining the commercial driver’s licensing history, including any disqualifications, suspensions, or out-of-service orders. A history of such violations, particularly a current disqualification, strengthens the case against the driver and potentially their employer.

Employer liability is another critical aspect. If a trucking company or commercial entity allowed a disqualified driver to operate their vehicle, they could face claims of negligent entrustment or negligent supervision. This means the employer either knew or should have known the driver was unfit or unqualified but still permitted them to drive, thereby contributing to the accident. This can significantly increase the pool of available insurance coverage for the injured plaintiff.

Finally, evidence of a driver violating this statute severely undermines their credibility in court. A jury is less likely to believe the testimony of a driver who was operating a commercial vehicle illegally, impacting all aspects of their defense. For victims of commercial truck accidents, understanding and leveraging this statute is crucial for holding negligent parties accountable and securing fair compensation for their injuries.