Driver disqualification

Scope

The disqualification criteria in Part 383 apply to drivers who carry a CDL or a CLP. A CDL or CLP is required when operating commercial motor vehicles in intrastate, interstate, or foreign commerce.

Regulatory citations

• 49 CFR 383.5 — Definitions
• 49 CFR 383.51 — Disqualification of drivers
• 49 CFR 383.53 — Penalties
• 49 CFR 391.15 — Disqualification of drivers

Key definitions

• Commercial driver’s license (CDL): A license issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in Part 383, which authorizes the individual to operate a class of a CMV.
• Commercial learner’s permit (CLP): A permit issued to an individual by a state or other jurisdiction of domicile, in accordance with the standards contained in Part 383, which, when carried with a valid driver’s license issued by the same state or jurisdiction, authorizes the individual to operate a class of a commercial motor vehicle when accompanied by a holder of a valid CDL for purposes of behind-the-wheel training.
• Commercial motor vehicle (CMV): A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a:
  • Combination Vehicle (Group A) — Having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
  • Heavy Straight Vehicle (Group B) — Having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
  • Small Vehicle (Group C) — Does not meet Group A or B requirements but that either:
    • Is designed to transport 16 or more passengers, including the driver; or
    • Is of any size and is used in the transportation of placarded quantities of hazardous materials.
• Disqualification: Any of the following three actions:
  • The suspension, revocation, or cancellation of a CLP or CDL by the state or jurisdiction of issuance;
  • Any withdrawal of a person’s privileges to drive a CMV by a state or other jurisdiction as the result of a violation of state or local law relating to motor vehicle traffic control (other than parking, vehicle weight or vehicle defect violations); or
  • A determination by the FMCSA that a person is not qualified to operate a commercial motor vehicle under Part 391.

Summary of requirements

Major offenses. Drivers are disqualified from driving by 383.51 if they are convicted (including forfeiture of bond or collateral) of any of the following while operating any type of vehicle:

• Being under the influence of alcohol as prescribed by state law, or refusing to undergo testing;
• Being under the influence of a controlled substance;
• Leaving the scene of an accident;
• Using the vehicle to commit a felony; or
• Using the vehicle to commit a felony involving manufacturing, distributing, or dispensing a drug.

Drivers are disqualified if they are convicted of any of the following while operating a CMV:

• Having an alcohol concentration of 0.04 percent or more;
• Driving with a revoked, suspended, or canceled CDL or CLP, or after being disqualified;
• Causing a fatality through the negligent operation of a CMV; or
• Committing a felony involving certain types of human trafficking.

Except as noted below, the disqualification period for the first conviction is one year. If the offense was committed while transporting hazardous materials, the disqualification period is three years. The disqualification period for the second conviction is life, but may be reduced to 10 years under certain circumstances.

A single conviction for using any vehicle to commit a felony involving manufacturing, distributing, or dispensing a drug OR using a CMV to commit a felony involving certain types of human trafficking, disqualifies the driver for life.

Serious traffic violations. Disqualification periods have also been established for serious traffic violations committed in any type of vehicle. A serious traffic violation includes:

• Excessive speeding, which is 15 mph or more above the posted speed limit,
• Reckless driving,
• Improper or erratic lane changes,
• Following the vehicle ahead too closely,
• A traffic violation arising in connection with a fatal traffic accident,
• Driving a CMV without having obtained a CDL or CLP,
• Driving a CMV without having a CDL or CLP in the driver’s possession,
• Driving a CMV without the proper class of CDL or CLP and/or endorsement,
• Violating a state or local law or ordinance prohibiting texting while driving a CMV, and
• Violating a state or local law or ordinance prohibiting the use of a hand-held mobile phone while driving a CMV.

Two serious traffic violations within three years disqualifies the driver for 60 days. Three serious traffic violations within three years disqualifies the driver for 120 days.

Violations of out-of-service orders. During a trip, a driver or vehicle may be placed out of service by an enforcement officer for a certain period of time or until a given problem has been corrected. A driver convicted of violating such an out-of-service order will be subject to a fine and a disqualification period.

The regulations contain a graduated minimum penalty structure for drivers, allowing for judicial discretion. This includes:

• First conviction — disqualification for 180 days to one year.
• Second conviction during 10-year period — disqualification for two to five years.
• Third or subsequent conviction during 10-year period — disqualification for three to five years.

The penalties will be more severe for bus drivers and drivers of vehicles carrying hazardous materials. The penalty for a first conviction can be up to two years, while any subsequent violation will result in a three- to five-year disqualification.

Section 383.53(b) sets a range of fines for violating out-of-service orders.

Violations of railroad-highway grade crossing rules. Failing to stop at a railroad-highway grade crossing while operating a CMV, for drivers who are required to stop, is a disqualifying offense.

Drivers who are not required to always stop must slow down and check that the tracks are clear. Failing to slow down to check the tracks, and failing to stop before reaching the tracks if the tracks are not clear, are disqualifying offenses.

Also, the following are disqualifying offenses:

• Failing to have sufficient space to drive completely through the crossing, without stopping;
• Failing to obey a traffic control device or the directions of an enforcement official at the crossing; or
• Failing to clear a crossing because of insufficient undercarriage clearance.

The disqualification periods are as follows:

• First violation — not less than 60 days.
• Second violation, in a separate incident, within three years — not less than 120 days.
• Third or subsequent violation, in separate incident, within three years — not less than one year.

Section 383.53(c) states that employers convicted of knowingly allowing, requiring, permitting, or authorizing a driver to operate a CMV in violation of railroad-highway grade crossing regulations must be subject to a civil penalty.

Only the state or the FMCSA has the authority to take an official “disqualification” action against a driver. 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.

Note: Section 391.15 describes disqualification requirements for drivers subject to Part 391 (including both CDL and non-CDL drivers). Drivers disqualified under this set of rules cannot operate a CMV as defined in 390.5.