§383.52 Disqualification of drivers determined to constitute an imminent hazard.
(a) The Assistant Administrator
or his/her designee must disqualify from operating a CMV any driver whose
driving is determined to constitute an imminent hazard, as defined in §383.5.
(b) The period of the
disqualification may not exceed 30 days unless the FMCSA complies with the
provisions of paragraph (c) of this section.
(c) The Assistant Administrator or his/her
delegate may provide the driver an opportunity for a hearing after issuing a
disqualification for a period of 30 days or less. The Assistant Administrator
or his/her delegate must provide the driver notice of a proposed disqualification
period of more than 30 days and an opportunity for a hearing to present a
defense to the proposed disqualification. A disqualification imposed under this
paragraph may not exceed one year in duration. The driver, or a representative
on his/her behalf, may file an appeal of the disqualification issued by the
Assistant Administrator's delegate with the Assistant Administrator,
Adjudications Counsel (MC-CC), Federal Motor Carrier Safety Administration,
(d) Any disqualification
imposed in accordance with the provisions of this section must be transmitted
by the FMCSA to the jurisdiction where the driver is licensed and must become a
part of the driver's record maintained by that jurisdiction.
(e) A driver who is simultaneously disqualified under this section and under other provisions of this subpart, or under State law or regulation, shall serve those disqualification periods concurrently.
[67 FR 49759,