49 C.F.R. Subpart D—Driver Disqualifications and Penalties
Title 49 - Transportation
Title 49: Transportation
PART 383—COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
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Subpart D—Driver Disqualifications and Penalties
§ 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 §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 §383.51) must not be reinstated.
(b) Disqualification for major offenses. Table 1 to §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:
Table 1 to § 383.51-------------------------------------------------------------------------------------------------------------------------------------------------------- For a first conviction or refusal to be tested while For a second operating a CMV conviction or refusal For a second For a first conviction transporting to be tested in a conviction or refusal or refusal to be For a first conviction hazardous materials separate incident of to be tested in a tested while operating or refusal to be required to be any combination of separate incident of a CMV, a person tested while operating placarded under the offenses in this any combination of If a driver operates a motor required to have a CDL a non-CMV, a CDL Hazardous Materials Table while operating offenses in this vehicle and is convicted of: and a CDL holder must holder must be Regulations (49 CFR a CMV, a person Table while operating be disqualified from disqualified from part 172, subpart F), required to have a a non-CMV, a CDL operating a CMV for . operating a CMV for . a person required to CDL and a CDL holder holder must be . . . . have a CDL and CDL must be disqualified disqualified from holder must be from operating a CMV operating a CMV for . disqualified from 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 § 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 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 * * *.--------------------------------------------------------------------------------------------------------------------------------------------------------
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(c) Disqualification for serious traffic violations. Table 2 to §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:
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Table 2 to § 383.51---------------------------------------------------------------------------------------------------------------- For a third or For a second subsequent conviction of any conviction of any combination of combination of offenses in this For a third or offenses in this For a second Table in a subsequent Table in a conviction of any separate incident conviction of any separate incident combination of within a 3-year combination of within a 3-year offenses in this period while offenses in this period while Table in a operating a non- Table in a operating a non- separate incident CMV, a CDL holder separate incident CMV, a CDL holder If the driver operates a motor within a 3-year must be within a 3-year must be vehicle and is convicted of: period while disqualified from period while disqualified from operating a CMV, a operating a CMV, operating a CMV, a operating a CMV, person required to if the conviction person required to if the conviction have a CDL and a results in the have a CDL and a results in the CDL holder must be revocation, CDL holder must be revocation, disqualified from cancellation, or disqualified from cancellation, or operating a CMV suspension of the operating a CMV suspension of the for . . . CDL holder's for . . . CDL holder's license or non-CMV license or non-CMV driving 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 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 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.
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(d) Disqualification for railroad-highway grade crossing offenses. Table 3 to §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:
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Table 3 to § 383.51---------------------------------------------------------------------------------------------------------------- For a third or subsequent For a second conviction of conviction of any any combination of combination of offensesIf the driver is convicted of For a first conviction a offenses in this Table in in this Table in a operating a CMV in violation person required to have a a separate incident within separate incident within of a Federal, State or local CDL and a CDL holder must a 3-year period, a person a 3-year period, a person law because . . . be disqualified from required to have a CDL and required to have a CDL operating a CMV for . . . a CDL holder must be and a CDL holder must be disqualified from disqualified from operating a CMV for . . . operating a CMV for . . .----------------------------------------------------------------------------------------------------------------(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 * * *.----------------------------------------------------------------------------------------------------------------
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(e) Disqualification for violating out-of-service orders. Table 4 to §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:
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Table 4 to § 383.51---------------------------------------------------------------------------------------------------------------- For a third or subsequent For a second conviction in conviction in a separate For a first conviction a separate incident within incident within a 10-year while operating a CMV, a a 10-year period while period while operating a If the driver operates a CMV person required to have a operating a CMV, a person CMV, a person required to and is convicted of . . . CDL and a CDL holder must required to have a CDL and have a CDL and a CDL be disqualified from a CDL holder must be holder must be operating a CMV for . . . disqualified from disqualified from operating a CMV for . . . operating a CMV for . . .----------------------------------------------------------------------------------------------------------------(1) Violating a driver or No less than 90 days or No less than 1 year or No less than 3 years or vehicle out-of-service order more than 1 year. more than 5 years. more than 5 years. while transporting nonhazardous materials . ..----------------------------------------------------------------------------------------------------------------(2) Violating a driver or No less than 180 days or No less than 3 years or No less than 3 years or vehicle out-of-service order more than 2 years. more than 5 years. more than 5 years. while 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 . ..----------------------------------------------------------------------------------------------------------------
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[67 FR 49756, July 31, 2002, as amended at 68 FR 4396, Jan. 29, 2003] § 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 §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] § 383.53 Penalties.
(a) General rule. Any person who violates the rules set forth in subparts B and C of this part may be subject to civil or criminal penalties as provided for in 49 U.S.C. 521(b).
(b) Special penalties pertaining to violation of out-of-service orders—(1) Driver violations. A driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $1,100 nor more than $2,750, in addition to disqualification under §383.51(e).
(2) Employer violations. An employer who is convicted of a violation of §383.37(c) shall be subject to a civil penalty of not less than $2,750 nor more than $11,000.
(c) Special penalties pertaining to railroad-highway grade crossing violations. An employer who is convicted of a violation of §383.37(d) must be subject to a civil penalty of not more than $10,000.
[59 FR 26028, May 18, 1994, as amended at 64 FR 48111, Sept. 2, 1999; 67 FR 49759, July 31, 2002]
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