Section § 384.231: Satisfaction of State disqualification requirement.Below are the available interpretations for the given section. To return to the list of parts, use the Parts link above. The menu to the left provides a full list of sections that have interpretations. To view interpretations for a different section, click on the menu item.
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View regulations for Part 384
Question 1: When accepting an applicant transferring from another State whose record reveals a disqualifying conviction for which the originating State did not take disqualifying action, is the transferee State required to take the disqualifying action?
Guidance: Yes. Sec. 384.206(a)(2) requires a State, including a transferee State, to check the applicant's driving record for the past 10 years in every State where he/she was licensed. If adverse information is discovered, §384.206(b) requires a State, including a transferee State, to “promptly implement the disqualifications...that are called for in any applicable section(s) of this subpart.” Sec. 384.231(a) makes the requirements of §384.206(b) applicable to the “State of licensure” – which includes a transferee State under §384.206(a)(2) – and §384.231(b) then requires disqualifying action against a CDL holder who has been convicted of a disqualifying offense, but has not yet served the disqualification.