§391.15 Disqualification
of Drivers
Question 1: May a driver convicted of a
disqualifying offense be "disqualified" by
a motor carrier?
Guidance: No. Motor carriers have no authority to
disqualify drivers. However, a conviction for a disqualifying offense
automatically disqualifies a driver from driving for the period specified in
the regulations. Thus, so long as a motor carrier knows, or should have known,
of a driver's conviction for a disqualifying offense, it is prohibited from
using the driver during the disqualification period.
Question 2: Is a decision of
probation before judgment sufficient for disqualification?
Guidance: Yes, provided the State process includes
a finding of guilt.
Question 3: Is a driver holding a
valid driver's license from his or her home State but whose privilege to drive
in another State has been suspended or revoked, disqualified from driving by §391.15(b)?
Guidance: Yes, the driver would be disqualified
from interstate operations until his privileges are restored by the authority
that suspended or revoked them, provided the suspension resulted from a driving
violation. It is immaterial that he holds a valid license from another State.
All licensing actions should be accomplished through the CDLIS or the controlling interstate
compact.
Question 4: What are the differences
between the disqualification provisions listed in §383.51 and 383.5 and those listed in §391.15?
Guidance: Part 383 disqualifications
are applicable generally to drivers who drive CMVs
above 26,000 pounds GVWR,
regardless of where the CMV is driven in the U.S. Part 391 disqualifications
are applicable generally to drivers who drive CMVs above
10,000 pounds GVWR, only when the vehicle is used in interstate commerce in a
State, including the District of Columbia.
Question 5: Do the disqualification
provisions of §391.15
apply to offenses committed by a driver who is using a company vehicle for
personal reasons while off-duty?
Guidance: No. For example, an owner-operator using
his own vehicle in an off-duty status, or a driver using a company truck, or
tractor for transportation to a motel, restaurant or home, would be outside the
scope of this section if he returns to the same terminal from which he went
off-duty (see §383.51
for additional information).
Question 6: If a driver has his/her
privileges to drive a pleasure vehicle revoked or suspended by State
authorities, but his/her privileges to operate a CMV are left intact, would
the driver be disqualified under the terms set forth in §391.15?
Guidance: No. The driver would not be disqualified
from operating a CMV.
Question 7: If a driver is convicted
of one of the specified offenses in §391.15(c), but is
allowed to retain his driver's license, is he/she still disqualified?
Guidance: Yes. A driver who is convicted of one of
the specified offenses in §391.15(c), or has
forfeited bond in collateral on account of one of these offenses, and who is
allowed to retain his/her driver's license, is still disqualified. The loss of
a driver's license and convictions of certain offenses in §391.15(c) are
entirely separate grounds for disqualification.
Question 8: If a driver has his/her
license suspended for driving while under the influence of alcohol, and 2 months
later, as a result of this same incident, the driver is convicted of a DWI, must the periods of
disqualification be
combined since these are both disqualifying offenses?
Guidance: No. Disqualification during the
suspension of an operating license continues until the license is restored by
the jurisdiction that suspended it. Disqualification for conviction of DWI is for a fixed term. The fact that
the driver was already disqualified for driving under the influence of alcohol
because of the suspension action may mean that the total time under
disqualification for the DWI
conviction may exceed the stated term.
Question 9: If a driver commits a
felony while operating a CMV but not in the employ
of a motor carrier, is the offense disqualifying?
Guidance: No. There are 2 conditions required to be
present for a felony conviction to be a disqualifying offense
Question 10: Is
a driver who possesses a valid commercial driver’s license (CDL) issued by
their State of residence, but who is suspended by another State for reasons
unrelated to the violation of a motor vehicle traffic control law, disqualified
from operating a commercial motor vehicle (CMV) in accordance with provisions
of the Federal Motor Carrier Safety Regulations?
Guidance: Yes. Currently, both section 383.5, which defines the term disqualification as it applies to drivers required to have a CDL, and section 391.15, which applies to other CMV drivers subject to Federal Motor Carrier Safety Regulations, include the suspension of a person’s license or privilege to drive as an action requiring that person to be disqualified from operating a CMV. Neither of these regulatory provisions limit such suspensions to those imposed by the State where the driver is licensed, nor do these regulations specify the grounds upon which a suspension must be based.
Be advised, however, that the Federal Motor Carrier Safety
Administration has proposed in 66 FR 22499, Docket No. FMCSA-00-7382, published