Title 49
SECTION 383.51
383.51 Disqualification of drivers.
§ 383.51 Disqualification of drivers.(a) General. (1) A person required to have a CLP or CDL who is disqualified must not drive a CMV.
(2) An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a CMV.
(3) A holder of a CLP or CDL is subject to disqualification sanctions designated in paragraphs (b) and (c) of this section, if the holder drives a CMV or non-CMV and is convicted of the violations listed in those paragraphs.
(4) Determining first and subsequent violations. For purposes of determining first and subsequent violations of the offenses specified in this subpart, each conviction for any offense listed in Tables 1 through 4 to this section resulting from a separate incident, whether committed in a CMV or non-CMV, must be counted.
(5) The disqualification period must be in addition to any other previous periods of disqualification.
(6) Reinstatement after lifetime disqualification. A State may reinstate any driver disqualified for life for offenses described in paragraphs (b)(1) through (8) of this section (Table 1 to § 383.51) after 10 years, if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the State. Any person who has been reinstated in accordance with this provision and who is subsequently convicted of a disqualifying offense described in paragraphs (b)(1) through (8) of this section (Table 1 to § 383.51) must not be reinstated.
(7) A foreign commercial driver is subject to disqualification under this subpart.
(b) Disqualification for major offenses. Table 1 to § 383.51 contains a list of the offenses and periods for which a person who is required to have a CLP or CDL is disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:
Table 1 to § 383.51
| If a driver operates a motor vehicle and is convicted of: | For a first conviction or refusal to be tested while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a first conviction or refusal to be tested while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a first conviction or refusal to be tested while operating a CMV transporting hazardous materials as defined in § 383.5, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for * * * |
|---|---|---|---|---|---|
| (1) Being under the influence of alcohol as prescribed by State law * * * | 1 year | 1 year | 3 years | Life | Life. |
| (2) Being under the influence of a controlled substance * * * | 1 year | 1 year | 3 years | Life | Life. |
| (3) Having an alcohol concentration of 0.04 or greater while operating a CMV * * * | 1 year | Not applicable | 3 years | Life | Not applicable. |
| (4) Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in § 383.72 of this part * * * | 1 year | 1 year | 3 years | Life | Life. |
| (5) Leaving the scene of an accident * * * | 1 year | 1 year | 3 years | Life | Life. |
| (6) Using the vehicle to commit a felony, other than a felony described in paragraph (b)(9) of this table * * * | 1 year | 1 year | 3 years | Life | Life. |
| (7) Driving a CMV when, as a result of prior violations committed operating a CMV, the driver's CLP or CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV | 1 year | Not applicable | 3 years | Life | Not applicable. |
| (8) Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide | 1 year | Not applicable | 3 years | Life | Not applicable. |
| (9) Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance * * * | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement |
| (10) Using a CMV in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined and described in 22 U.S.C. 7102(11) | Life - not eligible for 10-year reinstatement | Not applicable | Life - not eligible for 10-year reinstatement | Life - not eligible for 10-year reinstatement | Not applicable. |
(c) Disqualification for serious traffic violations. Table 2 to § 383.51 contains a list of the offenses and the periods for which a person who is required to have a CLP or CDL is disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:
Table 2 to § 383.51
| If the driver operates a motor vehicle and is convicted of: | For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CLP or CDL holder's license or non-CMV driving privileges, for * * * | For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CLP or CDL holder's license or non-CMV driving privileges, for * * * |
|---|---|---|---|---|
| (1) Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the regulated or posted speed limit | 60 days | 60 days | 120 days | 120 days. |
| (2) Driving recklessly, as defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property | 60 days | 60 days | 120 days | 120 days. |
| (3) Making improper or erratic traffic lane changes | 60 days | 60 days | 120 days | 120 days. |
| (4) Following the vehicle ahead too closely | 60 days | 60 days | 120 days | 120 days. |
| (5) Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident | 60 days | 60 days | 120 days | 120 days. |
| (6) Driving a CMV without obtaining a CLP or CDL | 60 days | Not applicable | 120 days | Not applicable. |
| (7) Driving a CMV without a CLP or CDL in the driver's possession 1 | 60 days | Not applicable | 120 days | Not applicable. |
| (8) Driving a CMV without the proper class of CLP or CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported | 60 days | Not applicable | 120 days | Not applicable. |
| (9) Violating a State or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a CMV. 2 | 60 days | Not applicable | 120 days | Not applicable. |
| (10) Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV. 2 | 60 days | Not applicable | 120 days | Not applicable. |
1Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CLP or CDL on the date the citation was issued, shall not be guilty of this offense.
2 Driving, for the purpose of this disqualification, means operating a commercial motor vehicle on a highway, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
(d) Disqualification for railroad-highway grade crossing offenses. Table 3 to § 383.51 contains a list of the offenses and the periods for which a person who is required to have a CLP or CDL is disqualified, when the driver is operating a CMV at the time of the violation, as follows:
Table 3 to § 383.51
| If the driver is convicted of operating a CMV in violation of a Federal, State or local law because * * *. | For a first conviction a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * |
|---|---|---|---|
| (1) The driver is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train * * * | No less than 60 days | No less than 120 days | No less than 1 year. |
| (2) The driver is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear * * * | No less than 60 days | No less than 120 days | No less than 1 year. |
| (3) The driver is always required to stop, but fails to stop before driving onto the crossing * * * | No less than 60 days | No less than 120 days | No less than 1 year. |
| (4) The driver fails to have sufficient space to drive completely through the crossing without stopping * * * | No less than 60 days | No less than 120 days | No less than 1 year. |
| (5) The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing * * * | No less than 60 days | No less than 120 days | No less than 1 year. |
| (6) The driver fails to negotiate a crossing because of insufficient undercarriage clearance * * * | No less than 60 days | No less than 120 days | No less than 1 year. |
(e) Disqualification for violating out-of-service orders. Table 4 to § 383.51 contains a list of the offenses and periods for which a person who is required to have a CLP or CDL is disqualified when the driver is operating a CMV at the time of the violation, as follows:
TABLE 4 TO § 383.51
| If the driver operates a CMV and is convicted of * * * | For a first conviction while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a second conviction in a separate incident within a 10-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a third or subsequent conviction in a separate incident within a 10-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * |
|---|---|---|---|
| (1) Violating a driver or vehicle out-of-service order while transporting nonhazardous materials | No less than 180 days or more than 1 year | No less than 2 years or more than 5 years | No less than 3 years or more than 5 years. |
| (2) Violating a driver or vehicle out-of-service order while transporting hazardous materials as defined in § 383.5, or while operating a vehicle designed to transport 16 or more passengers, including the driver | No less than 180 days or more than 2 years | No less than 3 years or more than 5 years | No less than 3 years or more than 5 years. |