July 2008, Work Truck - Feature
Have Traffic Violations Disqualified Your CDL Driver(s)?
By Mike Butsch
On July 31, 2002, the Federal Motor Carrier Safety Administration (FMCSA) issued a final rule that included changes to the disqualification regulations (FMCSR 383.51) for drivers who possess a commercial driver’s license (CDL). This rule went into effect Sept. 30, 2002, and all states needed to be in "substantial compliance" no later than Sept. 30, 2005.
As fleet or safety professionals, it is important to understand that a number of requirements must be met for drivers to remain qualified to operate equipment that requires a CDL. Certain traffic violations that occur in or out of a commercial motor vehicle (CMV) and the driver’s personal vehicle may have an effect on the eligibility to drive a CMV.
Employers must not allow disqualified drivers operate vehicles at any time. To help employers comply with this rule, there are two regulatory safety nets in place. The first is FMCSR 383.31, Notification of Conviction for Drivers. This regulation requires the driver to notify both the state and employer of any conviction(s). The second is FMCSR 391.25, Annual Inquiry and Review Driving Record. This regulation requires the employer to review driver MVRs to ensure the driver is not disqualified and the employee is required to complete a certification of violations.
The driver, as well as the person responsible for reviewing MVRs, must understand the types of violations.
Major Offenses
- Being under the influence of alcohol as prescribed by state law, or refusing to undergo testing.
- Being under the influence of a controlled substance.
- Leaving the scene of an accident involving a commercial motor vehicle.
- Using a vehicle to commit a felony.
- Using a vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance.
CMV-Only Violations
- Having an alcohol concentration of 0.04 percent or more.
- Driving with a revoked, suspended, or canceled CDL, or after being disqualified.
- Causing a fatality through the negligent operation of a CMV.
The disqualification period for the first conviction is one year, three years if hauling HAZMAT. A second conviction results in disqualification for life.
If convicted of using a vehicle in the commission of a felony involving the manufacture, distribution, or dispensing of a controlled substance, a driver is disqualied for life with no eligibility for reinstatement.