(a) General. (1) A person required to have a CLP or CDL who is disqualified must not drive a CMV.
(1) A person required to have a CLP or 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 holder of a CLP or CDL is subject to disqualification sanctions designated in paragraphs (b) and (c) of this section, if the holder drives a CMV or non-CMV and is convicted of the violations listed in those paragraphs.
(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) The disqualification period must be in addition to any other previous periods of disqualification.
(6) Reinstatement after lifetime disqualification. A State may reinstate any driver disqualified for life for offenses described in paragraphs (b)(1) through (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 (8) of this section (Table 1 to Sec. 383.51) must not be reinstated.
(7) A foreign commercial driver is subject to disqualification under this subpart.
(b) Disqualification for major offenses. Table 1 to Sec. 383.51 contains a list of the offenses and periods for which a person who is required to have a CLP or CDL is disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:
Table 1 to Sec. 383.51--------------------------------------------------------------------------------------------------------------------------------------------------------
For a first For a second
conviction or refusal conviction or refusal For a second
For a first conviction to be tested while to be tested in a conviction or refusal
or refusal to be For a first conviction operating a CMV separate incident of to be tested in a
tested while operating or refusal to be transporting any combination of separate incident of
a CMV, a person tested while operating hazardous materials offenses in this any combination of
If a driver operates a motor required to have a CLP a non-CMV, a CLP or as defined in Sec. Table while operating offenses in this
vehicle and is convicted of: or CDL and a CLP or CDL holder must be 383.5, a person a CMV, a person Table while operating
CDL holder must be disqualified from required to have a required to have a a non-CMV, a CLP or
disqualified from operating a CMV for * CLP or CDL and a CLP CLP or CDL and a CLP CDL holder must be
operating a CMV for * * * or CDL holder must be or CDL holder must be disqualified from
* * disqualified from disqualified from operating a CMV for *
operating a CMV for * operating a CMV for * * *
(1) Being under the influence of 1 year................ 1 year................ 3 years.............. Life................. Life.
alcohol as prescribed by State law
* * *.--------------------------------------------------------------------------------------------------------------------------------------------------------(2) Being under the influence of a 1 year................ 1 year................ 3 years.............. Life................. Life.
controlled substance * * *.--------------------------------------------------------------------------------------------------------------------------------------------------------(3) Having an alcohol concentration 1 year................ Not applicable........ 3 years.............. Life................. Not applicable.
of 0.04 or greater while operating
a CMV * * *.--------------------------------------------------------------------------------------------------------------------------------------------------------(4) Refusing to take an alcohol 1 year................ 1 year................ 3 years.............. Life................. Life.
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 commit a 1 year................ 1 year................ 3 years.............. Life................. Life.
felony, other than a felony
described in paragraph (b)(9) of
this table * * *.--------------------------------------------------------------------------------------------------------------------------------------------------------(7) Driving a CMV when, as a result 1 year................ Not applicable........ 3 years.............. Life................. Not applicable.
of prior violations committed
operating a CMV, the driver's CLP
or CDL is revoked, suspended, or
canceled, or the driver is
disqualified from operating a CMV.--------------------------------------------------------------------------------------------------------------------------------------------------------(8) Causing a fatality through the 1 year................ Not applicable........ 3 years.............. Life................. Not applicable.
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 involving 10-year reinstatement. 10-year reinstatement. 10-year 10-year 10-year
manufacturing, distributing, or reinstatement. reinstatement. reinstatement
dispensing a controlled substance
* * *.--------------------------------------------------------------------------------------------------------------------------------------------------------
(c) Disqualification for serious traffic violations. Table 2 to Sec. 383.51 contains a list of the offenses and the periods for which a person who is required to have a CLP or CDL is disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:
Table 2 to Sec. 383.51----------------------------------------------------------------------------------------------------------------
For a third or
For a second subsequent
conviction of any conviction of any
combination of combination of
For a second offenses in this For a third or offenses in this
conviction of any Table in a subsequent Table in a
combination of separate incident conviction of any separate incident
offenses in this within a 3-year combination of within a 3-year
Table in a period while offenses in this period while
separate incident operating a non- Table in a operating a non-
within a 3-year CMV, a CLP or CDL separate incident CMV, a CLP or CDL
If the driver operates a motor period while holder must be within a 3-year holder must be
vehicle and is convicted of: operating a CMV, a disqualified from period while disqualified from
person required to operating a CMV, operating a CMV, a operating a CMV,
have a CLP or CDL if the conviction person required to if the conviction
and a CLP or CDL results in the have a CLP or CDL results in the
holder must be revocation, and a CLP or CDL revocation,
disqualified from cancellation, or holder must be cancellation, or
operating a CMV suspension of the disqualified from suspension of the
for * * * CLP or CDL operating a CMV CLP or CDL
holder's license for * * * holder's license
or non-CMV driving or non-CMV driving
privileges, for * privileges, 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
regulated or 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 law 60 days........... 60 days........... 120 days.......... 120 days.
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 CLP or CDL.(7) Driving a CMV without a CLP 60 days........... Not applicable.... 120 days.......... Not applicable.
or CDL in the driver's
possession \1\.(8) Driving a CMV without the 60 days........... Not applicable.... 120 days.......... Not applicable.
proper class of CLP or CDL and/
or endorsements for the
specific vehicle group being
operated or for the passengers
or type of cargo being
transported.(9) Violating a State or local 60 days........... Not applicable.... 120 days.......... Not applicable.
law or ordinance on motor
vehicle traffic control
prohibiting texting while
driving a CMV.\2\.(10) Violating a State or local 60 days........... Not applicable.... 120 days.......... Not applicable.
law or ordinance on motor
vehicle traffic control
restricting or prohibiting the
use of a hand-held mobile
telephone while driving a
CMV.\2\.----------------------------------------------------------------------------------------------------------------\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 CLP or
CDL on the date the citation was issued, shall not be guilty of this offense.\2\ Driving, for the purpose of this disqualification, means operating a commercial motor vehicle on a highway,
including while temporarily stationary because of traffic, a traffic control device, or other momentary
delays. Driving does not include operating a commercial motor vehicle when the driver has moved the vehicle to
the side of, or off, a highway and has halted in a location where the vehicle can safely remain stationary.
(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 person who is required to have a CLP or CDL is disqualified, when the driver is operating a CMV at the time of the violation, as follows:
Table 3 to Sec. 383.51----------------------------------------------------------------------------------------------------------------
For a third or subsequent
For a second conviction of conviction of any
any combination of combination of offenses
For a first conviction a offenses in this Table in in this Table in aIf the driver is convicted of person required to have a a separate incident within separate incident within
operating a CMV in violation CLP or CDL and a CLP or a 3-year period, a person a 3-year period, a person
of a Federal, State or local CDL holder must be required to have a CLP or required to have a CLP or
law because * * *. disqualified from CDL and a CLP or CDL CDL and a CLP or CDL
operating a CMV for * * * holder must be holder must be
disqualified from disqualified from
(1) The driver is not No less than 60 days...... No less than 120 days..... No less than 1 year.
required to always stop, but
fails to slow down and check
that tracks are clear of an
approaching train * * *.----------------------------------------------------------------------------------------------------------------(2) The driver is not No less than 60 days...... No less than 120 days..... No less than 1 year.
required to always stop, but
fails to stop before
reaching the crossing, if
the tracks are not clear * *
*.----------------------------------------------------------------------------------------------------------------(3) The driver is always No less than 60 days...... No less than 120 days..... No less than 1 year.
required 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 No less than 60 days...... No less than 120 days..... No less than 1 year.
a traffic control device or
the directions of an
enforcement official at the
crossing * * *.----------------------------------------------------------------------------------------------------------------(6) The driver fails to No less than 60 days...... No less than 120 days..... No less than 1 year.
negotiate a crossing because
of insufficient
undercarriage clearance * *
*.----------------------------------------------------------------------------------------------------------------
(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 person who is required to have a CLP or CDL is disqualified when the driver is operating a CMV at the time of the violation, as follows:
TABLE 4 TO Sec. 383.51----------------------------------------------------------------------------------------------------------------
For a second conviction For a third or
in a separate incident subsequent conviction
For a first conviction within a 10-year period in a separate incident
while operating a CMV, while operating a CMV, within a 10-year period
a person required to a person required to while operating a CMV,
If the driver operates a CMV and is have a CLP or CDL and a have a CLP or CDL and a a person required to
convicted of * * * CLP or CDL holder must CLP or CDL holder must have a CLP or CDL and a
be disqualified from be disqualified from CLP or CDL holder must
operating a CMV for * * operating a CMV for * * be disqualified from
* * operating a CMV for * *
(1) Violating a driver or vehicle out- No less than 180 days No less than 2 years or No less than 3 years or
of-service order while transporting or more than 1 year. more than 5 years. more than 5 years.
nonhazardous materials.(2) Violating a driver or vehicle out- No less than 180 days No less than 3 years or No less than 3 years or
of-service order while transporting or more than 2 years. more than 5 years. more than 5 years.
hazardous materials as defined in
Sec. 383.5, or while operating a
vehicle designed to transport 16 or
more passengers, including the
driver.---------------------------------------------------------------------------------------------------------------- [67 FR 49756, July 31, 2002, as amended at 68 FR 4396, Jan. 29, 2003; 72 FR 36787, July 5, 2007; 75 FR 59134, Sept. 27, 2010; 76 FR 26879, May 9, 2011; 76 FR 75486, Dec. 2, 2011; 77 FR 59825, Oct. 1, 2012; 78 FR 58479, Sept. 24, 2013; 78 FR 60231, Oct. 1, 2013]