§ 31310. — Disqualifications.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC31310]
TITLE 49--TRANSPORTATION
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
PART B--COMMERCIAL
CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
Sec. 31310. Disqualifications
(a) Blood Alcohol Concentration Level.--In this section, the blood
alcohol concentration level at or above which an individual when
operating a commercial motor vehicle is deemed to be driving under the
influence of alcohol is .04 percent.
(b) First Violation or Committing Felony.--(1) Except as provided in
paragraph (2) of this subsection and subsection (c) of this section, the
Secretary of Transportation shall disqualify from operating a commercial
motor vehicle for at least one year an individual--
(A) committing a first violation of driving a commercial motor
vehicle under the influence of alcohol or a controlled substance;
(B) committing a first violation of leaving the scene of an
accident involving a commercial motor vehicle operated by the
individual;
(C) using a commercial motor vehicle in committing a felony
(except a felony described in subsection (d) of this section);
(D) committing a first violation of driving a commercial motor
vehicle when the individual's commercial driver's license is
revoked, suspended, or canceled based on the individual's operation
of a commercial motor vehicle or when the individual is disqualified
from operating a commercial motor vehicle based on the individual's
operation of a commercial motor vehicle; or
(E) convicted of causing a fatality through negligent or
criminal operation of a commercial motor vehicle.
(2) If the vehicle involved in a violation referred to in paragraph
(1) of this subsection is transporting hazardous material required to be
placarded under section 5103 of this title, the Secretary shall
disqualify the individual for at least 3 years.
(c) Second and Multiple Violations.--(1) Subject to paragraph (2) of
this subsection, the Secretary shall disqualify from operating a
commercial motor vehicle for life an individual--
(A) committing more than one violation of driving a commercial
motor vehicle under the influence of alcohol or a controlled
substance;
(B) committing more than one violation of leaving the scene of
an accident involving a commercial motor vehicle operated by the
individual;
(C) using a commercial motor vehicle in committing more than one
felony arising out of different criminal episodes;
(D) committing more than one violation of driving a commercial
motor vehicle when the individual's commercial driver's license is
revoked, suspended, or canceled based on the individual's operation
of a commercial motor vehicle or when the individual is disqualified
from operating a commercial motor vehicle based on the individual's
operation of a commercial motor vehicle;
(E) convicted of more than one offense of causing a fatality
through negligent or criminal operation of a commercial motor
vehicle; or
(F) committing any combination of single violations or use
described in subparagraphs (A) through (E).
(2) The Secretary may prescribe regulations establishing guidelines
(including conditions) under which a disqualification for life under
paragraph (1) of this subsection may be reduced to a period of not less
than 10 years.
(d) Controlled Substance Violations.--The Secretary shall disqualify
from operating a commercial motor vehicle for life an individual who
uses a commercial motor vehicle in committing a felony involving
manufacturing, distributing, or dispensing a controlled substance, or
possession with intent to manufacture, distribute, or dispense a
controlled substance.
(e) Serious Traffic Violations.--(1) The Secretary shall disqualify
from operating a commercial motor vehicle for at least 60 days an
individual who, in a 3-year period, commits 2 serious traffic violations
involving a commercial motor vehicle operated by the individual.
(2) The Secretary shall disqualify from operating a commercial motor
vehicle for at least 120 days an individual who, in a 3-year period,
commits 3 serious traffic violations involving a commercial motor
vehicle operated by the individual.
(f) Emergency Disqualification.--
(1) Limited duration.--The Secretary shall disqualify an
individual from operating a commercial motor vehicle for not to
exceed 30 days if the Secretary determines that allowing the
individual to continue to operate a commercial motor vehicle would
create an imminent hazard (as such term is defined in section 5102).
(2) After notice and hearing.--The Secretary shall disqualify an
individual from operating a commercial motor vehicle for more than
30 days if the Secretary determines, after notice and an opportunity
for a hearing, that allowing the individual to continue to operate a
commercial motor vehicle would create an imminent hazard (as such
term is defined in section 5102).
(g) Noncommercial Motor Vehicle Convictions.--
(1) Issuance of regulations.--Not later than 1 year after the
date of the enactment of this Act, the Secretary shall issue
regulations providing for the disqualification by the Secretary from
operating a commercial motor vehicle of an individual who holds a
commercial driver's license and who has been convicted of--
(A) a serious offense involving a motor vehicle (other than
a commercial motor vehicle) that has resulted in the revocation,
cancellation, or suspension of the individual's license; or
(B) a drug or alcohol related offense involving a motor
vehicle (other than a commercial motor vehicle).
(2) Requirements for regulations.--Regulations issued under
paragraph (1) shall establish the minimum periods for which the
disqualifications shall be in effect, but in no case shall the time
periods for disqualification for noncommercial motor vehicle
violations be more stringent than those for offenses or violations
involving a commercial motor vehicle. The Secretary shall determine
such periods based on the seriousness of the offenses on which the
convictions are based.
(h) State Disqualification.--Notwithstanding subsections (b) through
(g) of this section, the Secretary does not have to disqualify an
individual from operating a commercial motor vehicle if the State that
issued the individual a license authorizing the operation has
disqualified the individual from operating a commercial motor vehicle
under subsections (b) through (g). Revocation, suspension, or
cancellation of the license is deemed to be disqualification under this
subsection.
(i) Out-of-Service Orders.--(1)(A) To enforce section 392.5 of title
49, Code of Federal Regulations, the Secretary shall prescribe
regulations establishing and enforcing an out-of-service period of 24
hours for an individual who violates section 392.5. An individual may
not violate an out-of-service order issued under those regulations.
(B) The Secretary shall prescribe regulations establishing and
enforcing requirements for reporting out-of-service orders issued under
regulations prescribed under subparagraph (A) of this paragraph.
Regulations prescribed under this subparagraph shall require at least
that an operator of a commercial motor vehicle who is issued an out-of-
service order to report the issuance to the individual's employer and to
the State that issued the operator a driver's license.
(2) Not later than December 18, 1992, the Secretary shall prescribe
regulations establishing sanctions and penalties related to violations
of out-of-service orders by individuals operating commercial motor
vehicles. The regulations shall require at least that--
(A) an operator of a commercial motor vehicle found to have
committed a first violation of an out-of-service order shall be
disqualified from operating such a vehicle for at least 90 days and
liable for a civil penalty of at least $1,000;
(B) an operator of a commercial motor vehicle found to have
committed a 2d violation of an out-of-service order shall be
disqualified from operating such a vehicle for at least one year and
not more than 5 years and liable for a civil penalty of at least
$1,000; and
(C) an employer that knowingly allows or requires an employee to
operate a commercial motor vehicle in violation of an out-of-service
order shall be liable for a civil penalty of not more than $10,000.
(j) Grade-Crossing Violations.--
(1) Sanctions.--The Secretary shall issue regulations
establishing sanctions and penalties relating to violations, by
persons operating commercial motor vehicles, of laws and regulations
pertaining to railroad-highway grade crossings.
(2) Minimum requirements.--The regulations issued under
paragraph (1) shall, at a minimum, require that--
(A) the penalty for a single violation is not less than a
60-day disqualification of the driver's commercial driver's
license; and
(B) any employer that knowingly allows, permits, authorizes,
or requires an employee to operate a commercial motor vehicle in
violation of such a law or regulation shall be subject to a
civil penalty of not more than $10,000.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1022; Pub. L. 104-
88, title IV, Sec. 403(a), Dec. 29, 1995, 109 Stat. 956; Pub. L. 106-
159, title II, Sec. 201(a)(1), (2), (b), Dec. 9, 1999, 113 Stat. 1758,
1759.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
31310(a).............................. 49 App.:2707(f). Oct. 27, 1986, Pub. L. 99-570, Sec.
12008, 100 Stat. 3207-177.
31310(b).............................. 49 App.:2707(a)(1).
31310(c).............................. 49 App.:2707(a)(2).
31310(d).............................. 49 App.:2707(b).
31310(e).............................. 49 App.:2707(c).
31310(f).............................. 49 App.:2707(e).
31310(g)(1)........................... 49 App.:2707(d).
31310(g)(2)........................... 49 App.:2718. Oct. 27, 1986, Pub. L. 99-570, 100
Stat. 3207-170, Sec. 12020; added
Dec. 18, 1991, Pub. L. 102-240, Sec.
4009(a), 105 Stat. 2156.
----------------------------------------------------------------------------------------------------------------
In subsection (a), the text of 49 App.:2707(f)(1)-(4) (words before
2d comma) is omitted as executed and obsolete. The words ``and section
2708 of the Appendix'' are omitted as surplus.
In subsection (b)(2), the words ``involved in a violation'' are
substituted for ``operated or used in connection with the violation or
the commission of the felony'' to eliminate unnecessary words. The words
``by the Secretary'' are omitted as surplus.
Subsection (c)(1)(D) is substituted for 49 App.:2707(a)(2)(A)(iv)
for clarity and to eliminate unnecessary words.
In subsection (g)(1)(A), the words ``Not later than 1 year after
October 27, 1986'' are omitted as obsolete.
In subsection (g)(2), before clause (A), the words ``Not later than
December 18, 1992, the Secretary shall prescribe regulations'' are
substituted for ``The Secretary shall issue regulations'' and 49
App.:2718(c) to eliminate executed words. The word ``individuals'' is
substituted for ``persons'' for clarity and consistency in the revised
title and with other titles of the United States Code. In clause (C),
the words ``permits, authorizes'' are omitted as being included in
``allows''.
References in Text
The date of the enactment of this Act, referred to in subsec.
(g)(1), is the date of enactment of Pub. L. 106-159, which was approved
Dec. 9, 1999.
Amendments
1999--Subsec. (b)(1)(D), (E). Pub. L. 106-159, Sec. 201(a)(1), added
subpars. (D) and (E).
Subsec. (c)(1)(D), (E). Pub. L. 106-159, Sec. 201(a)(2)(A), (C),
added subpars. (D) and (E). Former subpar. (D) redesignated (F).
Subsec. (c)(1)(F). Pub. L. 106-159, Sec. 201(a)(2)(B), (D),
redesignated subpar. (D) as (F) and substituted ``subparagraphs (A)
through (E)'' for ``clauses (A)-(C) of this paragraph''.
Subsecs. (f), (g). Pub. L. 106-159, Sec. 201(b)(2), added subsecs.
(f) and (g). Former subsecs. (f) and (g) redesignated (h) and (i),
respectively.
Subsec. (h). Pub. L. 106-159, Sec. 201(b)(1), (3), redesignated
subsec. (f) as (h) and substituted ``(b) through (g)'' for ``(b)-(e)''
in two places. Former subsec. (h) redesignated (j).
Subsecs. (i), (j). Pub. L. 106-159, Sec. 201(b)(1), redesignated
subsecs. (g) and (h) as (i) and (j), respectively.
1995--Subsec. (h). Pub. L. 104-88 added subsec. (h).
Effective Date of 1995 Amendment
Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of
Pub. L. 104-88, set out as an Effective Date note under section 701 of
this title.
Regulations
Section 403(b) of Pub. L. 104-88 provided that: ``The initial
regulations required under section 31310(h) of title 49, United States
Code, shall be issued not later than 1 year after the date of the
enactment of this Act [Dec. 29, 1995].''
Section Referred to in Other Sections
This section is referred to in sections 521, 31301, 31311 of this
title.