49 C.F.R. § 383.51
Current through September 30, 2024
Table 1 to § 383.51
| If a driver operates a motor vehicle and is convicted of: | For a first conviction or refusal to be tested while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a first conviction or refusal to be tested while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a first conviction or refusal to be tested while operating a CMV transporting hazardous materials as defined in § 383.5 , a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV for * * * |
| (1) Being under the influence of alcohol as prescribed by State law * * * | 1 year | 1 year | 3 years | Life | Life. |
| (2) Being under the influence of a controlled substance * * * | 1 year | 1 year | 3 years | Life | Life. |
| (3) Having an alcohol concentration of 0.04 or greater while operating a CMV * * * | 1 year | Not applicable | 3 years | Life | Not applicable. |
| (4) Refusing to take an alcohol test as required by a State or jurisdiction under its implied consent laws or regulations as defined in § 383.72 of this part * * * | 1 year | 1 year | 3 years | Life | Life. |
| (5) Leaving the scene of an accident * * * | 1 year | 1 year | 3 years | Life | Life. |
| (6) Using the vehicle to commit a felony, other than a felony described in paragraph (b)(9) or (10) of this table * * * | 1 year | 1 year | 3 years | Life | Life. |
| (7) Driving a CMV when, as a result 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 | 1 year | Not applicable | 3 years | Life | Not applicable. |
| (8) Causing a fatality through the negligent operation of a CMV, including but not limited to the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide | 1 year | Not applicable | 3 years | Life | Not applicable. |
| (9) Using the vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance * * * | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement |
| (10) Using a CMV in the commission of a felony involving an act or practice of severe forms of trafficking in persons, as defined and described in 22 U.S.C. 7102(11) | Life-not eligible for 10-year reinstatement | Not applicable | Life-not eligible for 10-year reinstatement | Life-not eligible for 10-year reinstatement | Not applicable. |
Table 2 to § 383.51
| If the driver operates a motor vehicle and is convicted of: | For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CLP or CDL holder's license or non-CMV driving privileges, for * * * | For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CLP or CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CLP or CDL holder's license or non-CMV driving privileges, for * * * |
| (1) Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the regulated or posted speed limit | 60 days | 60 days | 120 days | 120 days. |
| (2) Driving recklessly, as 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 | 60 days | 60 days | 120 days | 120 days. |
| (3) Making improper or erratic traffic lane changes | 60 days | 60 days | 120 days | 120 days. |
| (4) Following the vehicle ahead too closely | 60 days | 60 days | 120 days | 120 days. |
| (5) Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident | 60 days | 60 days | 120 days | 120 days. |
| (6) Driving a CMV without obtaining a CLP or CDL | 60 days | Not applicable | 120 days | Not applicable. |
| (7) Driving a CMV without a CLP or CDL in the driver's possession1 | 60 days | Not applicable | 120 days | Not applicable. |
| (8) Driving a CMV without the 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 | 60 days | Not applicable | 120 days | Not applicable. |
| (9) Violating a State or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a CMV.2 | 60 days | Not applicable | 120 days | Not applicable. |
| (10) Violating a State or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a CMV.2 | 60 days | Not applicable | 120 days | Not applicable. |
1Any 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.
2Driving, 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.
Table 3 to § 383.51
| If the driver is convicted of operating a CMV in violation of a Federal, State or local law because * * *. | For a first conviction a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a second conviction of any combination of offenses in this Table in a separate incident within a 3-year period, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a third or subsequent conviction of any combination of offenses in this Table in a separate incident within a 3-year period, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * |
| (1) The driver is not required to always stop, but fails to slow down and check that tracks are clear of an approaching train * * * | No less than 60 days | No less than 120 days | No less than 1 year. |
| (2) The driver is not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear * * * | No less than 60 days | No less than 120 days | No less than 1 year. |
| (3) The driver is always required to stop, but fails to stop before driving onto the crossing * * * | No less than 60 days | No less than 120 days | No less than 1 year. |
| (4) The driver fails to have sufficient space to drive completely through the crossing without stopping * * * | No less than 60 days | No less than 120 days | No less than 1 year. |
| (5) The driver fails to obey a traffic control device or the directions of an enforcement official at the crossing * * * | No less than 60 days | No less than 120 days | No less than 1 year. |
| (6) The driver fails to negotiate a crossing because of insufficient undercarriage clearance * * * | No less than 60 days | No less than 120 days | No less than 1 year. |
TABLE 4 TO § 383.51
| If the driver operates a CMV and is convicted of * * * | For a first conviction while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a second conviction in a separate incident within a 10-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * | For a third or subsequent conviction in a separate incident within a 10-year period while operating a CMV, a person required to have a CLP or CDL and a CLP or CDL holder must be disqualified from operating a CMV for * * * |
| (1) Violating a driver or vehicle out-of-service order while transporting nonhazardous materials | No less than 180 days or more than 1 year | No less than 2 years or more than 5 years | No less than 3 years or more than 5 years. |
| (2) Violating a driver or vehicle out-of-service order while transporting hazardous materials as defined in § 383.5 , or while operating a vehicle designed to transport 16 or more passengers, including the driver | No less than 180 days or more than 2 years | No less than 3 years or more than 5 years | No less than 3 years or more than 5 years. |
49 C.F.R. §383.51