What does 49 CFR 383.51 (Disqualification of drivers) require?
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Short answer
49 CFR 383.51 requires that a person who is disqualified must not drive a commercial motor vehicle (CMV), and an employer must not knowingly allow a disqualified driver to drive a CMV. The regulation outlines the disqualification periods for various offenses, including major offenses, serious traffic violations, and out-of-service violations.
The rule says
"A person required to have a CLP or CDL who is disqualified must not drive a CMV." (49 CFR 383.51(a)(1))
"An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a CMV." (49 CFR 383.51(a)(2))
1. "Being under the influence of alcohol as prescribed by State law" results in a 1-year disqualification. (49 CFR 383.51(b)(1))
2. "Being under the influence of a controlled substance" results in a 1-year disqualification. (49 CFR 383.51(b)(2))
In plain English
Employers must be vigilant in checking the status of their drivers and not allow disqualified drivers to drive. The regulation also outlines the specific offenses that can lead to disqualification, such as driving under the influence of alcohol or a controlled substance. In practice, this means that employers must conduct regular checks on their drivers' records and maintain up-to-date information on their drivers' qualification status.
What to do
- Verify the status of all drivers before allowing them to operate a CMV.
- Regularly check drivers' records for disqualifying offenses.
- Maintain accurate and up-to-date information on drivers' qualification status.
- Ensure that all drivers understand the consequences of disqualification and the importance of complying with the regulation.
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