CDL disqualifications and the Drug and Alcohol Clearinghouse: what 49 CFR 383 and 382 say

This page reports what the official source says. It is not legal advice: ask the office named here. It restates tables and rules from the Electronic Code of Federal Regulations, Title 49, and from the Clearinghouse home page, and it says nothing about any named person. Licence groups by weight are on the guide to GVWR and GCWR.

The general rules in 383.51

Section 383.51(a) sets these points:

A person required to hold a commercial learner's permit (CLP) or CDL who is disqualified must not drive a commercial motor vehicle (CMV), and an employer must not knowingly allow, require, permit or authorize a disqualified driver to drive one.
A CLP or CDL holder is subject to the disqualification sanctions if convicted of the listed violations while driving a CMV or a non-CMV. Each conviction from a separate incident, in a CMV or not, is counted when working out first and later violations.
Disqualification periods are added to any earlier periods.
A state may reinstate a driver disqualified for life for the offences in paragraphs (b)(1) to (8) after 10 years, if the person has voluntarily entered and successfully completed an appropriate state-approved rehabilitation program. A person reinstated this way who is convicted again of one of those offences must not be reinstated.

Section 383.5 defines disqualification as the suspension, revocation or cancellation of a CLP or CDL by the issuing state, or a withdrawal of a person's privilege to drive a CMV as the result of a violation of state or local traffic control law, other than parking, vehicle weight or vehicle defect violations. See eCFR 383.51 on disqualification of drivers.

Major offences (Table 1)

Offence	First conviction	Second
Under the influence of alcohol as prescribed by state law	1 year in a CMV; 1 year in a non-CMV; 3 years in a CMV carrying hazardous materials	Life
Under the influence of a controlled substance	1 year in a CMV; 1 year in a non-CMV; 3 years in a CMV carrying hazardous materials	Life
Alcohol concentration of 0.04 or greater while operating a CMV	1 year; not applicable to a non-CMV; 3 years in a CMV carrying hazardous materials	Life
Refusing an alcohol test required under a state's implied consent laws	1 year in a CMV; 1 year in a non-CMV; 3 years in a CMV carrying hazardous materials	Life
Leaving the scene of an accident	1 year in a CMV; 1 year in a non-CMV; 3 years in a CMV carrying hazardous materials	Life
Using the vehicle to commit a felony, other than those in the last two rows	1 year in a CMV; 1 year in a non-CMV; 3 years in a CMV carrying hazardous materials	Life
Driving a CMV while the CLP or CDL is revoked, suspended or cancelled, or while disqualified	1 year; not applicable to a non-CMV; 3 years in a CMV carrying hazardous materials	Life
Causing a fatality through negligent operation of a CMV	1 year; not applicable to a non-CMV; 3 years in a CMV carrying hazardous materials	Life
Using the vehicle in a felony involving manufacturing, distributing or dispensing a controlled substance	Life, not eligible for 10-year reinstatement	Life
Using a CMV in a felony involving severe forms of trafficking in persons	Life, not eligible for 10-year reinstatement; not applicable to a non-CMV	Life

For the second conviction column, the table words it as a second conviction or refusal in a separate incident of any combination of offences in the table, while operating a CMV or a non-CMV.

Serious traffic violations (Table 2)

Table 2 lists ten offences. Counting is by convictions from separate incidents within a 3-year period, in any combination. A second conviction carries 60 days and a third or later conviction carries 120 days. The first five apply in a CMV or a non-CMV; for a non-CMV the table adds a condition that the conviction results in revocation, cancellation or suspension of the licence or non-CMV driving privileges. The last five apply only in a CMV.

Offence	Applies
Speeding excessively, 15 mph (24.1 km/h) or more above the limit	CMV and non-CMV
Driving recklessly, as state or local law defines it	CMV and non-CMV
Improper or erratic lane changes	CMV and non-CMV
Following the vehicle ahead too closely	CMV and non-CMV
Violating a traffic control law, other than parking, in connection with a fatal accident	CMV and non-CMV
Driving a CMV without a CLP or CDL	CMV only
Driving a CMV without the licence in possession	CMV only
Driving a CMV without the proper class or endorsements	CMV only
Violating a state or local texting ban while driving a CMV	CMV only
Violating a state or local hand-held phone restriction while driving a CMV	CMV only

Rail crossings and out-of-service orders (Tables 3 and 4)

Table 3 lists six rail-highway grade crossing offences, such as failing to stop when required, failing to have room to clear the crossing, or failing to obey a signal or an enforcement official. The disqualification is no less than 60 days for a first conviction, no less than 120 days for a second within 3 years, and no less than 1 year for a third or later within 3 years. Table 4 covers violating a driver or vehicle out-of-service order. For non-hazardous loads it is no less than 180 days and no more than 1 year for a first conviction, 2 to 5 years for a second within 10 years, and 3 to 5 years for a third or later. For hazardous materials or a vehicle for 16 or more passengers, it is 180 days to 2 years, then 3 to 5 years for later convictions.

Removal from driving and the Clearinghouse

Section 382.501 says that, except as subpart F provides, no driver shall perform safety-sensitive functions, including driving a CMV, if the driver has engaged in conduct prohibited by subpart B of part 382 or by another DOT agency's alcohol or controlled substances rule, and no employer shall permit a driver to do so once the employer has determined a violation. See eCFR 382.501 on removal from safety-sensitive function.

Section 382.701 requires employers to query the Drug and Alcohol Clearinghouse before employing a driver subject to testing in a safety-sensitive function, and at least once a year for all such employees. A limited query tells the employer only whether information exists; if it does, a full query is due within 24 hours. The section bars an employer from allowing a driver to perform safety-sensitive functions when a query shows a controlled substances test result that is positive, adulterated or substituted as the section words it, an alcohol confirmation test of 0.04 or higher, a refusal, or employer-reported actual knowledge of certain alcohol or drug use, unless the driver has completed the return-to-duty process under part 40 subpart O and the follow-up plan, or the employer takes on the follow-up testing. Employers must keep a record of each query for 3 years. See eCFR 382.701 on the Clearinghouse.

The FMCSA home page for the Clearinghouse calls it an online database that gives employers and government agencies access to information about drug and alcohol program violations of CDL and CLP holders. It says a holder with a "prohibited" status loses commercial driving privileges until the return-to-duty process is completed. See the Drug and Alcohol Clearinghouse home page.