§ 383.51 Disqualification of drivers.

Text of section effective until 76 FR 26879.

(a) General.

(1) A driver or holder of a 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 driver is subject to disqualification sanctions designated in paragraphs (b) and (c) of this section, if the holder of a CDL drives a CMV or non-CMV and is convicted of the violations.

(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) Reinstatement after lifetime disqualification. A State may reinstate any driver disqualified for life for offenses described in paragraphs (b)(1) through (b)(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 (b)(8) of this section (Table 1 to § 383.51) must not be reinstated.

(b) Disqualification for major offenses. Table 1 to § 383.51 contains a list of the offenses and periods for which a driver must be 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 CDL
and a 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
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
required to be
placarded under the
Hazardous
Materials Regulations
(49 CFR part
172, subpart F),
a person required to
have a CDL and 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
CDL and a 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
combina- tion of
offenses in this
Table while
operating
a non-CMV, a
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 1 year Not 3 years Life Not applicable.
0.04 or greater while operating a
CMV * * *
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 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.
(c) Disqualification for serious traffic violations. Table 2 to § 383.51 contains a list of the offenses and the periods for which a
driver must be 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 CDL and a
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 CDL
holder must be
disqualified from
operating a CMV, if
the conviction
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 CDL
and a CDL holder
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 CDL
holder must be
disqualified from
operating a CMV, if
... results in the
revocation,
cancellation, or
suspension of the
CDL holder's
license or non-CMV
driving privileges,
for ...
must be
disqualified from
operating a CMV
for ...
the conviction
results in the
revocation,
cancellation, or
suspension of the
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 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 CDL
60 days Not applicable 120 days Not applicable.
(7) driving a CMV without a CDL in
the driver's possession [FN1]
60 days Not applicable 120 days Not applicable.
(8) driving a CMV without the
proper class of 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. [FN2]
60 days Not applicable 120 days Not applicable.
[FN1] Any 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 CDL on the date the citation was issued,
shall not be guilty of this offense.
[FN2] Driving, for the purpose of this disqualification, means operating a commercial motor vehicle, with the motor running,
including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Driving does
not include operating a commercial motor vehicle with or without the motor running when the driver has moved the vehicle
to the side of, or off, a highway, as defined in 49 CFR 390.5, 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 driver must be 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
CDL and a 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 CDL and a 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 CDL and a 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
driver must be 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 CDL and
a 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 CDL and
a 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 CDL and a 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
required to be placarded under part
172, subpart F of this title, 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.