Mississippi’s Commercial Driver’s License Laws

To operate a commercial motor vehicle (CMV) in Mississippi, the operator must possess a commercial driver's license (CDL). There are several classes of CDLs and various endorsements that are required for certain cargo. Each license comes with specific entitlements and regulations. This article outlines the process of obtaining the different types of commercial licenses and how an operator can lose this privilege.

Commercial Driver's License (CDL) Requirements in Mississippi

A CDL is required to operate any combination of vehicle(s) weighing 26,001 or more pounds. Vehicles designed to carry hazardous materials or 16 or more passengers also require a CDL. (Miss. Code. Ann. § 63-1-203 (2024).)

A CDL is not required for the official operation of emergency vehicles, the private operation of motor homes, or the government operation of military vehicles. Farmers are also allowed to operate farm trucks within 150 miles of the farm to transport agriculture products without a CDL.

Mississippi's CDL License Classes

There are three classes of CDLs corresponding to the weight of the truck and/or trailer(s).

The driver's license limits must meet or exceed the CMV's weight. For example, a class A CDL can be used to operate any size or weight of CMV.

Mississippi's CDL Cargo Endorsements

While classes govern the weight of the vehicle, the type of vehicle and cargo can require special endorsements. Carrying passengers or hazardous materials requires a hazmat or passenger endorsement. Each endorsement carries special rules and testing requirements.

Mississippi's Health and Age CDL Restrictions

Drivers with certain health problems or limited experience may be subject to CDL restrictions. For example, drivers under 21 years old can't haul hazardous materials or operate out of state.

How To Get a CDL in Mississippi

Commercial learner's permits. The first step towards obtaining a CDL is the commercial learner's permit (CLP). A driver must be a Mississippi resident at least 17 years old, hold a Mississippi driver's license, and pass the vision and written tests to receive a CLP. The CLP can be used to operate a specific CMV under the direct supervision of a licensed commercial driver. (Miss. Code. Ann. § 63-1-208 (2024); Miss. Code. Ann. § 63-1-210 (2024).)

Commercial driver's licenses. A CLP holder must wait at least 14 days before taking the CDL driving test. Drivers with prior CMV experience (military or out-of-state) can be exempt from the driving examination requirement. The state will issue a full CDL to applicants who pass the driving test.

Restricted commercial driver's licenses. Mississippi also has a restricted agriculture CDL that doesn't require a knowledge or skills test. However, the license can be used only to transport agriculture products for custom harvest or feeding operations.

Medical exams. All interstate drivers must obtain a medical examination indicating they are physically able to safely operate a CMV. This certification must be updated annually.

Mississippi's Rules for CDL Revocation and Disqualification

An operator can face CDL revocation for certain rule violations and criminal convictions. All traffic violations and CDL suspensions must be disclosed to the state and the driver's employer. CDL holders can't use criminal diversions or deferred sentences to avoid these penalties. A CDL can even be suspended for failing to pay child support. (Miss. Code. Ann. § 63-1-216 (2024).)

Serious Traffic Violations

The commission of multiple "serious traffic violations" within three years will result in license revocation. Serious traffic violations include:

• speeding 15 miles per hour or more over the limit
• reckless driving
• improper lane change
• following too closely, and
• any traffic violation involving a fatality.

Driving a CMV without a CDL, without a CDL in possession, or without the proper endorsements will also count as a serious traffic violation.

Having two offenses will result in a 60-day revocation, and having three or more violations carries a 120-day revocation.

Major Violation Convictions

A CDL will be disqualified for one year upon the following convictions:

• chemical test refusal
• OUI (operating under the influence)
• operating a CMV with a blood alcohol content (BAC) of at least .04%
• failing to render aid in an accident
• driving a CMV while disqualified
• negligently causing a CMV-related fatality, and
• any crime involving a motor vehicle that is punishable by more than one year in jail.

The revocation will be for three years if the offender was hauling hazardous materials. Any subsequent conviction of the above-stated violations will result in lifetime CDL disqualification. The production or transportation of controlled substances or human trafficking using a motor vehicle will also result in lifetime CDL disqualification.

CDL Out-of-Service Orders

Certain rule violations (like driving after consuming alcohol) can result in an immediate out-of-service order (OSO). The OSO is often issued by law enforcement, and driving during an OSO will result in license disqualification and fines based on the number of prior offenses in the last 10 years.

• First offense. 90-day license disqualification (180 days if in hazmat CMV or vehicle designed for 16 or more passengers).
• Second offense. One-year license disqualification (three years if in hazmat CMV or vehicle designed for 16 or more passengers).
• Third offense. Three-year license disqualification.

The driver will also be fined $1,500 for violating an OSO. An employer that knowingly allows an OSO violation can be fined $4,000.

Railroad Crossing Rules for Commercial Vehicles

Special rules apply to CMVs when approaching or crossing railroad tracks. Failure to leave enough room in front of or below the CMV can result in a violation. A railroad crossing violation will result in a 60-day, 120-day, and one-year license revocation for a first, second, and third violation in three years. The driver's employer can also be fined up to $4,000 per violation.

Implied Consent Rules for Commercial Drivers

Alcohol. A CMV operator can be required to submit to a breath test if an officer has probable cause to believe the driver is under the influence of alcohol. Test refusal or failure will result in license disqualification and a 24-hour OSO.