ERMUSR Misc Issues 05-16-2006 - Laserfiche WebLink

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:;83.51 Disqualification of drivers. (a; General (aj(1) A dhver or holder of a CDL who is disqualified must not drove a CMV_ ~ "') An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a CMV. t. ,,.~) A driver is subject fo disqualification sanctions designated in paragraphs (b) and (c) of this section, if the holder of a COL drives a CMV or n CP~1V and is convicted of the violations. (a)(4) Determining first and subsequent violations. For purposes of determining first and subsequent violations of the offenses specified in this subpart, each conviction for any offense listed in Tables 1 through 4 to this section resulting from a separate incident, whether committed in a CM or non-CMV, must be counted. (a)(5) Reinstatement after lifetime disqualification. A. State may reinstate arn,~ driver disquaGfled for life for offenses descrbed in paragraphs (b)(1 ) through (b)(8) of this section (Table 1 to 383.51) after 10 years if that person has voluntanly entered and successfully completed an appropriate rehabilitation program approved by the State. Any person who has been reinstated in accordance with this provision and who is subsequently ccnvicted of a disqualifying offense described in paragraphs (b)(1) through (b)(8) of this section (Table 1 to 383.51) must not be reinstated. (b) Disqualification for major offenses . Table 1 to 383.51 contarns a list of the offenses and periods for which a driver must be disqualified, depending upon the type of vehicle the driver operating at the time of the violation, as follows: Table 1 to Sec. 383.51 If a driver operates a motor For a first For a first ; For a first conviction or ! For a second For a second vehicle and is convicted o f: conviction or conviction or refusal to be tested ~ conviction or refusal conviction or refusal to be refusal to be ,while operating a CMV to be tested in a refusal to be test tested while tested while I transporting hazardous separate incident of in a separate operating a CMV,a operating anon- I materials required to be any combination of incident of any person required to CMV, a CDL placarded under the offenses in this Table combination of have a CDL and a holder must be Hazardous Materials while operating a offenses in this CDL holder must disqualified from Regulations (49 CFR CMV, a person Table while be disqualified operating a CMV part 172, subpart F), a required to have a operating a non from operating a for !person required to haver CDL and a CDL CMV, a CDL hold CMV for a CDL and CDL holder holder must be must be disqualifi must be disqualified disqualified from from operating . from operating a CMV operating a CMV for CMV for m for (1) Being under the influence 1 year. _. 1 year. _ _ _ 3 years. :Life. Life. of alcohol as prescribed by State law. (2) Being under the influence 1 year. 1 year. __ 3 years. Life. .Life. of a controlled substance. (3) Having an alcohol 1 year. Not applicable. 3 years. Life. 'Not applicable. concentration of 0.04 or greater while operating a CMV. _ _ __ (4) Refusing to fake an alcohol 1 year. 1 year. 3 years. Life. Life. test as required by a State or jurisdiction under its implied consent laws or regulations as UCIII ICU III 30J. / L V I tI IIJ pall 1. ;5) Leaving the scene of an 1 year. 1 year. 3 years. Life. .Life. accident ;6) ' ng the vehicle to 1 year. 1 year. 3 years. Life. Life. nor, . a felony, other than a felony described in paragraph "b)(9) of this table.