What does 49 CFR 383.52 (Disqualification of drivers determined to constitute an imminent hazard) require?

Short answer

49 CFR 383.52 requires the Assistant Administrator to disqualify a driver from operating a commercial motor vehicle (CMV) if their driving is determined to constitute an imminent hazard. The disqualification period may not exceed 30 days unless the FMCSA complies with specific provisions, and the driver may be given an opportunity for a hearing.

The rule says

"The Assistant Administrator or his/her designee must disqualify from operating a CMV any driver whose driving is determined to constitute an imminent hazard, as defined in 383.5." (49 CFR 383.52(a))

"The period of the disqualification may not exceed 30 days unless the FMCSA complies with the provisions of paragraph (c) of this section." (49 CFR 383.52(b))

"A disqualification imposed under this paragraph may not exceed one year in duration." (49 CFR 383.52(c))

In plain English

This rule is about taking a driver off the road if they pose an imminent hazard to safety. The FMCSA has to follow specific procedures, including giving the driver a chance to defend themselves in a hearing. The disqualification can last up to a year, but it's typically shorter. The goal is to protect the public from a driver who's likely to cause a serious accident. In practice, this means that the FMCSA will review the driver's record and the circumstances of the incident to determine whether they should be disqualified.

What to do

• Review the driver's record to determine if they pose an imminent hazard
• Follow the procedures outlined in 49 CFR 383.52 for disqualifying the driver
• Provide the driver with an opportunity for a hearing, if required
• Notify the driver's licensing jurisdiction of the disqualification and update their record accordingly