Disqualifying Offenses (Part 383.51)
No employer shall knowingly allow, require, permit, or authorize a disqualified driver to drive a CMV. Disqualifying offenses include:
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Graphical Representation of Part 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 CDL and a 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 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 required to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F), a person required to have a CDL and 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 CDL and a 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 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) 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 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 |
Interim Disqualifying Offenses
These crimes are only disqualifying if they are considered felonies in the appropriate jurisdiction, civilian or military. A driver will be disqualified from holding a hazardous materials endorsement if he or she was convicted* or found not guilty by reason of insanity within the last seven years or was released from prison within the last five years for any of the following crimes:
- Assault with intent to murder
- Kidnapping or hostage taking
- Rape or aggravated sexual abuse
- Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export, or dealing in a firearm or other weapon
- Extortion
- Dishonesty, fraud, or misrepresentation, including identity fraud
- Bribery
- Smuggling
- Immigration violations
- Violations of RICO (Racketeer Influenced and Corrupt Organizations) Act or a comparable state law of an Interim Disqualifying crime
- Robbery
- Distributions of, possession with intent to distribute, or importation of a controlled substance (State laws vary on the quantity of marijuana required for the offense to be considered a felony. Typically, however, to be convicted of felony marijuana possession, a person must possess a quantity of marijuana greater than an amount considered for "personal use").
- Arson
- Conspiracy or attempt to commit any of these crimes
Permanently Disqualifying Criminal Offenses
A driver will be permanently disqualified from holding a hazardous materials endorsement on a CDL if he or she was ever convicted or found not guilty by reason of insanity of any of the following crimes:
- Espionage
- Sedition
- Treason
- Any crime listed in 18 U.S.C. Chapter 113B Ð Terrorism or a comparable state law
- A crime involving a severe transportation security incident (i.e, security incident involving a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area)
- Improper transportation of a hazardous material under 49 U.S.C. 5124 or a comparable state law (minor infractions involving transportation of hazardous materials will not disqualify a driver. For instance, no driver will be disqualified for minor roadside infractions or placarding violations.)
- Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device
- Murder as defined in 18 U.S.C. 1111
- Conspiracy or attempt to commit any of these crimes
- Violations of RICO (Racketeer Influence and Corrupt Organizations) Act or a comparable state law of one of these Permanently Disqualifying crimes
