[Code of Federal Regulations]

[Title 49, Volume 5]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR383.52]



[Page 190]

 

                        TITLE 49--TRANSPORTATION

 

                      DEPARTMENT OF TRANSPORTATION

 

PART 383_COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND 

PENALTIES--Table of Contents

 

            Subpart D_Driver Disqualifications and Penalties

 

Sec. 383.52  Disqualification of drivers determined to constitute an 

imminent hazard.



    (a) The Assistant Administrator or his/her designee must disqualify 

from operating a CMV any driver whose driving is determined to 

constitute an imminent hazard, as defined in Sec. 383.5.

    (b) The period of the disqualification may not exceed 30 days unless 

the FMCSA complies with the provisions of paragraph (c) of this section.

    (c) The Assistant Administrator or his/her delegate may provide the 

driver an opportunity for a hearing after issuing a disqualification for 

a period of 30 days or less. The Assistant Administrator or his/her 

delegate must provide the driver notice of a proposed disqualification 

period of more than 30 days and an opportunity for a hearing to present 

a defense to the proposed disqualification. A disqualification imposed 

under this paragraph may not exceed one year in duration. The driver, or 

a representative on his/her behalf, may file an appeal of the 

disqualification issued by the Assistant Administrator's delegate with 

the Assistant Administrator, Adjudications Counsel, Federal Motor 

Carrier Safety Administration (Room 8217), 400 Seventh Street, SW., 

Washington, DC 20590.

    (d) Any disqualification imposed in accordance with the provisions 

of this section must be transmitted by the FMCSA to the jurisdiction 

where the driver is licensed and must become a part of the driver's 

record maintained by that jurisdiction.

    (e) A driver who is simultaneously disqualified under this section 

and under other provisions of this subpart, or under State law or 

regulation, shall serve those disqualification periods concurrently.



[67 FR 49759, July 31, 2002]