[Code of Federal Regulations] [Title 49, Volume 4] [Revised as of October 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 49CFR383.51] [Page 879-887] TITLE 49--TRANSPORTATION CHAPTER III--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES--Table of Contents Subpart D--Driver Disqualifications and Penalties Sec. 383.51 Disqualification of drivers. (a) General. (1) A driver or holder of a CDL who is disqualified must not drive a CMV. (2) An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a CMV. (3) A driver is subject to disqualification sanctions designated in paragraphs (b) and (c) of this section, if the holder of a CDL drives a CMV or non-CMV and is convicted of the violations. (4) Determining first and subsequent violations. For purposes of determining first and subsequent violations of the offenses specified in this subpart, each conviction for any offense listed in Tables 1 through 4 to this section resulting from a separate incident, whether committed in a CMV or non-CMV, must be counted. (5) Reinstatement after lifetime disqualification. A State may reinstate any driver disqualified for life for offenses described in paragraphs (b)(1) through (b)(8) of this section (Table 1 to Sec. 383.51) after 10 years if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the State. Any person who has been reinstated in accordance with this provision and who is subsequently convicted of a disqualifying offense described in paragraphs (b)(1) through (b)(8) of this section (Table 1 to Sec. 383.51) must not be reinstated. (b) Disqualification for major offenses. Table 1 to Sec. 383.51 contains a list of the offenses and periods for which a driver must be disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows: [[Page 880]] Table 1 to Sec. 383.51 -------------------------------------------------------------------------------------------------------------------------------------------------------- For a first conviction or refusal to be tested while operating For a second a CMV transporting conviction or refusal For a second For a first conviction hazardous materials to be tested in a conviction or refusal or refusal to be tested For a first conviction required to be separate incident of to be tested in a while operating a CMV, or refusal to be tested placarded under the any combination of separate incident of If a driver operates a motor a person required to while operating a non- Hazardous Materials offenses in this Table any combination of vehicle and is convicted of: have a CDL and a CDL CMV, a CDL holder must Regulations (49 CFR while operating a CMV, offenses in this Table holder must be be disqualified from part 172, subpart F), a person required to while operating a non- disqualified from operating a CMV for . . a person required to have a CDL and a CDL CMV, a CDL holder must operating a CMV for . . . have a CDL and CDL holder must be be disqualified from . holder must be disqualified from operating a CMV for . disqualified from operating a CMV for . . . operating a CMV for . . . . . -------------------------------------------------------------------------------------------------------------------------------------------------------- (1) Being under the influence 1 year................. 1 year................. 3 years............... Life.................. Life. of alcohol as prescribed by State law * * *. ------------------------------- (2) Being under the influence 1 year................. 1 year................. 3 years............... Life.................. Life. of a controlled substance * * *. ------------------------------- (3) Having an alcohol 1 year................. Not applicable......... 3 years............... Life.................. Not applicable. concentration of 0.04 or greater while operating a CMV * * *. ------------------------------- (4) Refusing to take an 1 year................. 1 year................. 3 years............... Life.................. Life. alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in Sec. 383.72 of this part * * *. ------------------------------- (5) Leaving the scene of an 1 year................. 1 year................. 3 years............... Life.................. Life. accident * * *. ------------------------------- (6) Using the vehicle to 1 year................. 1 year................. 3 years............... Life.................. Life. commit a felony, other than a felony described in paragraph (b)(9) of this table * * *. ------------------------------- (7) Driving a CMV when, as a 1 year................. Not applicable......... 3 years............... Life.................. Not applicable. result of prior violations committed operating a CMV, the driver's CDL is revoked, suspended, or canceled, or the driver is disqualified from operating a CMV. ------------------------------- (8) Causing a fatality through 1 year................. Not applicable......... 3 years............... Life.................. Not applicable. the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide. ------------------------------- (9) Using the vehicle in the Life-not eligible for Life-not eligible for Life-not eligible for Life-not eligible for Life-not eligible for commission of a felony 10-year reinstatement. 10-year reinstatement. 10-year reinstatement. 10-year reinstatement. 10-year reinstatement involving manufacturing, distributing, or dispensing a controlled substance * * *. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 881]] (c) Disqualification for serious traffic violations. Table 2 to Sec. 383.51 contains a list of the offenses and the periods for which a driver must be disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows: [[Page 882]] Table 2 to Sec. 383.51 -------------------------------------------------------------------------------------------------------------------------------------------------------- For a third or subsequent For a second conviction of For a second conviction of conviction of any For a third or subsequent any combination of offenses any combination of offenses combination of offenses in conviction of any in this Table in a separate in this Table in a separate this Table in a separate combination of offenses in If the driver operates a motor incident within a 3-year incident within a 3-year incident within a 3-year this Table in a separate and is convicted of: period while operating a CMV, period while operating a non- period while operating a incident within a 3-year a person required to have a CMV, a CDL holder must be CMV, a person required to period while operating a non- CDL and a CDL holder must be disqualified from operating have a CDL and a CDL holder CMV, a CDL holder must be disqualified from operating a a CMV for... must be disqualified from disqualified from operating CMV for... operating a CMV for... a CMV for... -------------------------------------------------------------------------------------------------------------------------------------------------------- (1) Speeding excessively, 60 days...................... 60 days..................... 120 days.................... 120 days. involving any speed of 24.1 kmph (15 mph) or more above the posted speed limit * * *. -------------------------------- (2) Driving recklessly, as 60 days...................... 60 days..................... 120 days.................... 120 days. defined by State or local law or regulation, including but, not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property * * *. -------------------------------- (3) Making improper or erratic 60 days...................... 60 days..................... 120 days.................... 120 days. traffic lane changes * * *. -------------------------------- (4) Following the vehicle ahead 60 days...................... 60 days..................... 120 days.................... 120 days. too closely * * *. -------------------------------- (5) Violating State or local 60 days...................... 60 days..................... 120 days.................... 120 days. law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident * * *. -------------------------------- (6) Driving a CMV without 60 days...................... Not applicable.............. 120 days.................... Not applicable. obtaining a CDL. -------------------------------- (7) Driving a CMV without a CDL 60 days...................... Not applicable.............. 120 days.................... Not applicable. in the driver's possession \1\. -------------------------------- (8) Driving a CMV without the 60 days...................... Not applicable.............. 120 days.................... Not applicable. proper class of CDL and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported. -------------------------------------------------------------------------------------------------------------------------------------------------------- \1\ Any individual who provides proof to the enforcement authority that issued the citation, by the date the individual must appear in court or pay any fine for such a violation, that the individual held a valid CDL on the date the citation was issued, shall not be guilty of this offense. [[Page 883]] (d) Disqualification for railroad-highway grade crossing offenses. Table 3 to Sec. 383.51 contains a list of the offenses and the periods for which a driver must be disqualified, when the driver is operating a CMV at the time of the violation, as follows: [[Page 884]] Table 3 to Sec. 383.51 -------------------------------------------------------------------------------------------------------------------------------------------------------- For a second conviction of any For a third or subsequent conviction combination of offenses in this Table of any combination of offenses in If the driver is convicted of For a first conviction a person in a separate incident within a 3- this Table in a separate incident operating a CMV in violation of a required to have a CDL and a CDL year period, a person required to within a 3-year period, a person Federal, State or local law because holder must be disqualified from have a CDL and a CDL holder must be required to have a CDL and a CDL . . . operating a CMV for . . . disqualified from operating a CMV for holder must be disqualified from . . . operating a CMV for . . . -------------------------------------------------------------------------------------------------------------------------------------------------------- (1) The driver is not required to No less than 60 days................. No less than 120 days................ No less than 1 year. always stop, but fails to slow down and check that tracks are clear of an approaching train * * *. ------------------------------------ (2) The driver is not required to No less than 60 days................. No less than 120 days................ No less than 1 year. always stop, but fails to stop before reaching the crossing, if the tracks are not clear * * *. ------------------------------------ (3) The driver is always required No less than 60 days................. No less than 120 days................ No less than 1 year. to stop, but fails to stop before driving onto the crossing * * *. ------------------------------------ (4) The driver fails to have No less than 60 days................. No less than 120 days................ No less than 1 year. sufficient space to drive completely through the crossing without stopping * * *. ------------------------------------ (5) The driver fails to obey a No less than 60 days................. No less than 120 days................ No less than 1 year. traffic control device or the directions of an enforcement official at the crossing * * *. ------------------------------------ (6) The driver fails to negotiate a No less than 60 days................. No less than 120 days................ No less than 1 year. crossing because of insufficient undercarriage clearance * * *. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 885]] (e) Disqualification for violating out-of-service orders. Table 4 to Sec. 383.51 contains a list of the offenses and periods for which a driver must be disqualified when the driver is operating a CMV at the time of the violation, as follows: [[Page 886]] Table 4 to Sec. 383.51 -------------------------------------------------------------------------------------------------------------------------------------------------------- For a second conviction in a separate For a third or subsequent conviction For a first conviction while incident within a 10-year period in a separate incident within a 10- If the driver operates a CMV and is operating a CMV, a person required to while operating a CMV, a person year period while operating a CMV, a convicted of . . . have a CDL and a CDL holder must be required to have a CDL and a CDL person required to have a CDL and a disqualified from operating a CMV for holder must be disqualified from CDL holder must be disqualified from . . . operating a CMV for . . . operating a CMV for . . . -------------------------------------------------------------------------------------------------------------------------------------------------------- (1) Violating a driver or vehicle No less than 90 days or more than 1 No less than 1 year or more than 5 No less than 3 years or more than 5 out-of-service order while year. years. years. transporting nonhazardous materials . .. ------------------------------------ (2) Violating a driver or vehicle No less than 180 days or more than 2 No less than 3 years or more than 5 No less than 3 years or more than 5 out-of-service order while years. years. years. transporting hazardous materials required to be placarded under part 172, subpart F of this title, or while operating a vehicle designed to transport 16 or more passengers, including the driver . .. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 887]] [67 FR 49756, July 31, 2002]