Subpart D — Driver Disqualifications and Penalties
§383.51 Disqualification of drivers.
(a) General.
(1) A driver or holder of a CDL who is disqualified must not drive a CMV.
(a)(2) An employer must not knowingly
allow, require, permit, or authorize a driver who is disqualified to drive a
CMV.
(a)(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.
(a)(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.
(a)(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 combination 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 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 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 a 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 results in the revocation, cancellation, or suspension of the 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 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 while operating a non-CMV, a CDL holder must be disqualified from operating a CMV, if 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.1 |
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 |
1 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.
Table 3 to §383.51
|
If a 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
|
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. |
[52 FR 20587, June 1, 1987, as amended at 53 FR 39050, Oct. 4, 1988; 54 FR 40788, Oct. 3, 1989; 55 FR 6727, Feb. 26, 1990; 57 FR 53295, Nov. 9, 1992; 59 FR 26028, May 18, 1994; 62 FR 37151, July 11, 1997; 64 FR 48111, Sept 2, 1999; [67 FR 49756, Jul. 31, 2002; 68 FR 4397, Jan. 29, 2003; 72 FR 36787, July 5, 2007]