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Commercial motor vehicle (CMV) drivers may be “disqualified” by the state licensing agency or the Federal Motor Carrier Safety Administration (FMCSA) after committing certain offenses. A driver who is disqualified under the rules in 383.51 cannot operate a CMV requiring a commercial driver’s license (CDL) or a commercial learner’s permit (CLP).
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.
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:
Drivers are disqualified if they are convicted of any of the following while operating a CMV:
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:
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:
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:
The disqualification periods are as follows:
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.