The other routes
Serious violations, out-of-service orders, and the two other ways to be disqualified
The serious-violation table at § 383.51(c) works on a different principle from the major-offense table, and the difference is the whole of its practical meaning. A single serious traffic violation does not disqualify. It is the SECOND conviction, of any combination of offenses in that table, in a separate incident within a 3-year period, that carries 60 days — and a third or subsequent within that period carries 120. The offenses are the ordinary catalogue of bad driving rather than the catastrophes of the major-offense table: excessive speeding at 15 mph or more above the limit, reckless driving as State or local law defines it, improper or erratic lane changes, following too closely, and a traffic-control violation arising in connection with a fatal accident. Four more are about the license itself — driving without a permit or license, without one in your possession, or without the proper class or endorsements for the vehicle, passengers or cargo — and the last two are texting and hand-held phone use while driving a commercial motor vehicle, using the same definition of driving § 10.5 set out. The possession offense carries its own escape: a driver who proves to the issuing authority, by the date they must appear or pay, that they held a valid permit or license on the date of the citation is not guilty of it.
One boundary has to be marked before going further. § 383.51(a)(3)’s reach into convictions in a non-CMV runs to paragraphs (b) and (c) only — the two tables above. The two that follow state on their face that they apply when the driver is operating a commercial motor vehicle at the time of the violation, so nothing in your own car reaches them. The grade-crossing table at § 383.51(d) covers the crossings § 10.4 taught, and its periods run in a familiar shape with an unfamiliar floor: not less than 60 days for a first conviction, not less than 120 for a second within a 3-year period, and not less than 1 year for a third or subsequent. “Not less than” is the phrase to notice — these are minimums rather than fixed periods. The out-of-service table at § 383.51(e) covers violating such an order and counts over a longer window, a 10-year period rather than three, which is the rule taking a deliberately long view of a driver who moved a vehicle somebody had ordered stopped. § 383.53(b)(1) adds a civil penalty on top of that disqualification, as § 12.1 noted.
Two further routes sit outside § 383.51 altogether, and a reader who has been counting convictions will not have seen them coming. § 383.52 allows the FMCSA Administrator to disqualify a driver whose driving is determined to constitute an IMMINENT HAZARD — no conviction required, and no table of periods. And § 391.15 runs a parallel disqualification on the carrier side, which § 1.4 and § 6.1 both named as one of the seven conditions of being qualified without ever saying what it contained. Here it is. A disqualified driver shall not drive and a carrier shall not require or permit them to. A driver is disqualified for the whole duration of any loss of the privilege to operate — revocation, suspension, withdrawal or denial — until the authority that took it restores it. And a driver who receives notice that their license, permit or privilege has been revoked, suspended or withdrawn must notify their employing carrier of the contents of that notice BEFORE THE END OF THE BUSINESS DAY FOLLOWING the day they received it, which is the same tight clock § 3.5 taught for the other notification duties.
§ 391.15(c) then adds its own list of disqualifying criminal and other offenses, disqualifying a driver convicted of one — or who forfeits bond or collateral upon a charge of one — where the offense was committed during on-duty time as § 395.2 defines it and the driver was employed by a carrier or engaged in activities in furtherance of a commercial enterprise. Between them, § 383.51 governs what a State does to the license and § 391.15 governs whether a carrier may lawfully use the driver at all, which is why the two lists are not the same list and why clearing one is not clearing the other.
Key terms
Serious traffic violation3-year periodOut-of-service orderImminent hazardLoss of driving privileges