§31310 — Title 49 Transportation | U.S. Code

Summary

A driver of a commercial motor vehicle is considered to be driving under the influence when their blood alcohol level is .04 percent or higher. The Secretary of Transportation must take away a person’s commercial driving privileges for at least 1 year for a first offense like driving a commercial vehicle under the influence of alcohol or drugs, leaving the scene of a crash, using the vehicle in a felony, driving while the commercial license is revoked/suspended/cancelled for a CMV reason, or causing a death by careless or criminal driving. If the vehicle was carrying hazardous materials that must be placarded under section 5103, the minimum ban for those first offenses is 3 years. A person can lose their commercial driving rights for life for repeat offenses (two or more of the offenses above), for certain drug- or human-trafficking felonies involving a commercial vehicle, or for other combinations of serious violations. The Secretary can make rules to reduce a life disqualification to no less than 10 years in some cases. Two serious traffic violations in 3 years means at least 60 days off the road; three in 3 years means at least 120 days. The Secretary may order up to 30 days off immediately for an imminent hazard, and longer after notice and a hearing. States’ own disqualifications count, so the Secretary does not always have to act if a State already did. The Secretary must also set rules for 24-hour out-of-service orders for certain violations, require drivers to report those orders to their employer and licensing State, and impose penalties: first out-of-service violation is at least 180 days off and at least $2,500 fine; a second is at least 2 years and up to 5 years off and at least $5,000 fine. Employers face civil fines up to $25,000 for knowingly allowing violations, and a willful violation can bring up to one year in jail or a criminal fine. Rules also require at least a 60-day disqualification for certain railroad-highway crossing violations and allow employer fines up to $10,000. Foreign commercial drivers are subject to these disqualifications too.

Title 49, §31310

Transportation — Source: USLM XML via OLRC

(a)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)(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)(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)(1)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.

(2)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 an act or practice described in paragraph (9) 11 See References in Text note below. of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)).

(e)(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)(1)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 521 or section 5102).

(2)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 521 or section 5102).

(g)(1)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)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)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)(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)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 180 days and liable for a civil penalty of at least $2,500;

(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 2 years and not more than 5 years and liable for a civil penalty of at least $5,000;

(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 $25,000; and

(D)an employer that knowingly and willfully allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall, upon conviction, be subject for each offense to imprisonment for a term not to exceed one year or a fine under title 18, or both.

(j)(1)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)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.

(k)A foreign commercial driver shall be subject to disqualification under this section.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 31310(a)49 App.:2707(f).Oct. 27, 1986, Pub. L. 99–570, § 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, § 12020; added Dec. 18, 1991, Pub. L. 102–240, § 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”.

Editorial Notes

References in Text

Paragraph (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)), referred to in subsec. (d)(2), was redesignated par. (11) of section 103 of that Act by Pub. L. 115–427, § 2(1), Jan. 9, 2019, 132 Stat. 5503, and is classified to section 7102(11) of Title 22, Foreign Relations and Intercourse.

Amendments

2018—Subsec. (d). Pub. L. 115–106 substituted “Lifetime Disqualification Without Reinstatement” for “Controlled Substance Violations” in heading, inserted par. (1) designation and heading, and added par. (2). 2012—Subsec. (f). Pub. L. 112–141, § 32507, inserted “section 521 or” before “section 5102” in pars. (1) and (2). Subsec. (g)(1). Pub. L. 112–141, § 32931(d), which directed substitution of “The” for “Not later than 1 year after the date of enactment of this Act, the”, was executed by making the substitution for “Not later than 1 year after the date of the enactment of this Act, the”, to reflect the probable intent of Congress. Subsec. (k). Pub. L. 112–141, § 32204, added subsec. (k). 2005—Subsec. (i)(2). Pub. L. 109–59, § 4102(b)(1), substituted “The Secretary” for “Not later than December 18, 1992, the Secretary” in introductory provisions. Subsec. (i)(2)(A). Pub. L. 109–59, § 4102(b)(2), substituted “180 days” for “90 days” and “$2,500” for “$1,000”. Subsec. (i)(2)(B). Pub. L. 109–59, § 4102(b)(3), substituted “2 years” for “one year” and “$5,000;” for “$1,000; and”. Subsec. (i)(2)(C). Pub. L. 109–59, § 4102(b)(4), substituted “$25,000; and” for “$10,000.” Subsec. (i)(2)(D). Pub. L. 109–59, § 4102(b)(5), added subpar. (D). 1999—Subsec. (b)(1)(D), (E). Pub. L. 106–159, § 201(a)(1), added subpars. (D) and (E). Subsec. (c)(1)(D), (E). Pub. L. 106–159, § 201(a)(2)(A), (C), added subpars. (D) and (E). Former subpar. (D) redesignated (F). Subsec. (c)(1)(F). Pub. L. 106–159, § 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, § 201(b)(2), added subsecs. (f) and (g). Former subsecs. (f) and (g) redesignated (h) and (i), respectively. Subsec. (h). Pub. L. 106–159, § 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, § 201(b)(1), redesignated subsecs. (g) and (h) as (i) and (j), respectively. 1995—Subsec. (h). Pub. L. 104–88 added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date

of 1995 AmendmentAmendment 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 1301 of this title.

Regulations

Pub. L. 104–88, title IV, § 403(b), Dec. 29, 1995, 109 Stat. 956, 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].”

§31310 Disqualifications

Summary

Title 49, §31310

Notes & Related Subsidiaries

Historical and Revision Notes

Regulations

Regulations

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Regulations

Regulations

Citations & Metadata