IT PAYS TO BE SAFE
No. 18, May, 2010
Driver Disqualification and Penalties
A driver or holder of a commercial driver's license who is disqualified may not drive a commercial motor vehicle. Likewise, an employer cannot knowingly allow, require, permit or authorize a disqualified driver to drive a commercial vehicle. 49 CFR §383.51 provides the offenses and length of disqualification for lesser events, such as serious traffic violations, and violations occurring at railroad-highway grade crossings and for violating out-of-service orders. In addition, §383.51(b) contains the list of offenses and periods of disqualification if a driver commits and is convicted of a "major offense."
Major offenses include being under the influence of alcohol as defined by state law, being under the influence of a controlled substance, having an alcohol concentration of .04 or greater while operating a CMV, refusing to take an alcohol test as required under a state's implied consent laws, leaving the scene of an accident, using the vehicle to commit a felony (other than a felony involving the manufacture, distribution or dispensing of a controlled substance), driving a CMV while the driver's CDL is revoked, suspended, canceled, or the driver is disqualified, and causing a fatality through the negligent operation of a CMV.
The first time the driver is convicted of a major offense, they are automatically disqualified for a period of one year. If the conviction occurred while the driver is driving a CMV transporting hazardous materials, the period of disqualification is three years.
If a driver commits a second major offense for which they are convicted, this results in a lifetime disqualification. Under §383.51(a)(5), the driver can be reinstated after receiving a lifetime disqualification if: (1) 10 years has passed since the second offense has occurred; (2) the driver has voluntarily entered and successfully completed an appropriate rehabilitation program approved by their state of residence. If a driver is reinstated pursuant to that provision and is subsequently convicted of a third major offense, that results in a second lifetime ban, with absolutely no possibility of reinstatement.
The Federal Motor Carrier Safety Administration understands that drivers are human, and sometimes make errors in judgment. However, it also understands that in order to have its intended effect, which is the safety of the public, some penalties need to be not only severe, but also definite and final.
