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A driver who is disqualified must not drive a commercial motor vehicle (CMV) and an employer shall not knowingly allow, permit, require, or authorize a driver who is disqualified to drive a CMV.
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:
| Part 391 disqualification | |
|---|---|
| First conviction (transporting, possessing, or unlawfully using drugs) | 6 months |
| First conviction (all other violations) | 1 year |
| Additional conviction(s) in a 3-year period | 3 years |
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:
| Disqualification period for violating an out-of-service order | |
|---|---|
| First violation | 90 days to 1 year |
| Second violation during a 10-year period | 1 year to 5 years |
| Third or additional violations during a 10-year period | 3 years to 5 years |
The penalties are more severe for bus drivers and drivers transporting hazardous materials. The disqualification period is as follows:
| Disqualification period for violating an out-of-service order (Passenger-carrying and Hazardous materials) | |
|---|---|
| First violation | 180 days to 2 years |
| All additional violations | 3 years to 5 years |
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:
| Disqualification period for texting and hand-held mobile telephone violations | |
|---|---|
| Second violation during a 3-year period | 60 days |
| Third or additional violations during a 3-year period | 120 days |
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)).