Driver disqualification (Non-CDL)

Scope

The disqualification criteria in Part 391 applies to drivers of CMVs in interstate commerce.

Regulatory citations

• 49 CFR 391.15 — Disqualification of drivers

Key definitions

• Commercial motor vehicle (CMV): A self-propelled or towed motor vehicle used on a highway, in interstate commerce, that meets any one of the following criteria:
  • Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR), or gross vehicle weight (GVW) or gross combination weight (GCW), of 10,001 pounds or more, whichever is greater; or
  • Is designed or used to transport more than 8 passengers (including the driver) for compensation; or
  • Is designed or used to transport more than 15 passengers (including the driver), and not used to transport passengers for compensation; or
  • Is transporting hazardous materials of a type or quantity which requires placarding.

Summary of requirements

A driver is disqualified from driving a CMV if the driver is convicted (including forfeiture of bond or collateral) of any of the following while operating a CMV:

• Driving while with an alcohol concentration of 0.04 or more, or driving under the influence of alcohol as prescribed by state law, or refusing to undergo testing;
• Operating under the influence of a controlled substance;
• Leaving the scene of an accident involving a CMV;
• Committing a felony involving a CMV; or
• Transporting, possessing, or unlawfully using drugs.

The disqualification period is as follows:

Out-of-service order violations. During a trip, a driver 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 disqualification period. The disqualification period is as follows:

The penalties are more severe for bus drivers and drivers transporting hazardous materials. The disqualification period is as follows:

Texting violations and hand-held mobile telephone violations. A driver must not text or use a hand-held mobile telephone while driving a CMV and the motor carrier must not allow or require the driver to text or use a hand-held mobile telephone while driving a CMV. The disqualification period is as follows:

Exceptions. Vehicles designed or used to transport 9 to 15 passengers (including the driver), not for direct compensation, and school bus operations (as defined in 390.5) are exempted from the definition of a CMV with respect to the driver disqualification requirements. However, motor carriers operating these vehicles are required to comply with the disqualification requirements for violating the prohibition of texting while driving a CMV (391.15(e)) and violating the restriction on using a hand-held mobile telephone while driving a CMV (391.15(f)).