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Note:
This is an excerpt from FMCSA's Motor Carrier Safety Planner specific to your interests. As you navigate through the pages, pay close attention to any notes and highlights. Click here to read the entire Safety Planner and find more resources to help you comply with safety regulations.

6.2.5 Disqualification of Drivers (383.51)

If an employer knows, or reasonably should know, that a driver is disqualified, it must not allow the disqualified driver to operate a CMV. See 49 CFR 383.37. The disqualification period of a driver is determined by the offense and the driver’s record of prior convictions. There are separate disqualification tables for the following types of offenses in 49 CFR 383.51: major offenses, serious offenses, railroad-highway grade crossing offenses, and violations of out-of-service orders. Major and serious offenses require driver disqualification even if the CDL holder is driving a non-CMV.

Disqualifying Offenses

Major offenses require a minimum disqualification of one year and include the following:

  • Driving under the influence of alcohol as prescribed by State law.
  • Driving 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 by implied consent laws or regulations.
  • Leaving the scene of an accident.
  • Using the vehicle to commit a felony.
  • Driving a CMV while revoked, suspended, canceled or disqualified as a result of prior violations committed while operating a CMV.
  • Causing a fatality through the negligent operation of a CMV.
  • Using the vehicle in the commission of a felony involving the manufacturing, distributing, or dispensing of a controlled substance (mandatory lifetime disqualification).

Serious offenses require a minimum disqualification of 60 days and include the following:

  • Speeding excessively (15 mph or more over the speed limit).
  • Driving recklessly.
  • Making improper or erratic traffic lane changes.
  • Following the vehicle ahead too closely.
  • Violating State or local law relating to motor vehicle traffic control arising in connection with a fatal accident.
  • Driving a CMV without obtaining a CLP or CDL or without a CLP or CDL in the driver’s possession.
  • Driving a CMV without the proper class license and/or endorsements.
  • Violating laws relating to prohibiting texting or using a handheld mobile telephone while driving a CMV.

See 49 CFR 383.51 for a list of all offenses and disqualifying periods for drivers convicted of an offense.

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