
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC31310]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
             CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS
 
Sec. 31310. Disqualifications

    (a) Blood Alcohol Concentration Level.--In this section, the blood 
alcohol concentration level at or above which an individual when 
operating a commercial motor vehicle is deemed to be driving under the 
influence of alcohol is .04 percent.
    (b) First Violation or Committing Felony.--(1) Except as provided in 
paragraph (2) of this subsection and subsection (c) of this section, the 
Secretary of Transportation shall disqualify from operating a commercial 
motor vehicle for at least one year an individual--
        (A) committing a first violation of driving a commercial motor 
    vehicle under the influence of alcohol or a controlled substance;
        (B) committing a first violation of leaving the scene of an 
    accident involving a commercial motor vehicle operated by the 
    individual;
        (C) using a commercial motor vehicle in committing a felony 
    (except a felony described in subsection (d) of this section);
        (D) committing a first violation of driving a commercial motor 
    vehicle when the individual's commercial driver's license is 
    revoked, suspended, or canceled based on the individual's operation 
    of a commercial motor vehicle or when the individual is disqualified 
    from operating a commercial motor vehicle based on the individual's 
    operation of a commercial motor vehicle; or
        (E) convicted of causing a fatality through negligent or 
    criminal operation of a commercial motor vehicle.

    (2) If the vehicle involved in a violation referred to in paragraph 
(1) of this subsection is transporting hazardous material required to be 
placarded under section 5103 of this title, the Secretary shall 
disqualify the individual for at least 3 years.
    (c) Second and Multiple Violations.--(1) Subject to paragraph (2) of 
this subsection, the Secretary shall disqualify from operating a 
commercial motor vehicle for life an individual--
        (A) committing more than one violation of driving a commercial 
    motor vehicle under the influence of alcohol or a controlled 
    substance;
        (B) committing more than one violation of leaving the scene of 
    an accident involving a commercial motor vehicle operated by the 
    individual;
        (C) using a commercial motor vehicle in committing more than one 
    felony arising out of different criminal episodes;
        (D) committing more than one violation of driving a commercial 
    motor vehicle when the individual's commercial driver's license is 
    revoked, suspended, or canceled based on the individual's operation 
    of a commercial motor vehicle or when the individual is disqualified 
    from operating a commercial motor vehicle based on the individual's 
    operation of a commercial motor vehicle;
        (E) convicted of more than one offense of causing a fatality 
    through negligent or criminal operation of a commercial motor 
    vehicle; or
        (F) committing any combination of single violations or use 
    described in subparagraphs (A) through (E).

    (2) The Secretary may prescribe regulations establishing guidelines 
(including conditions) under which a disqualification for life under 
paragraph (1) of this subsection may be reduced to a period of not less 
than 10 years.
    (d) Controlled Substance Violations.--The Secretary shall disqualify 
from operating a commercial motor vehicle for life an individual who 
uses a commercial motor vehicle in committing a felony involving 
manufacturing, distributing, or dispensing a controlled substance, or 
possession with intent to manufacture, distribute, or dispense a 
controlled substance.
    (e) Serious Traffic Violations.--(1) The Secretary shall disqualify 
from operating a commercial motor vehicle for at least 60 days an 
individual who, in a 3-year period, commits 2 serious traffic violations 
involving a commercial motor vehicle operated by the individual.
    (2) The Secretary shall disqualify from operating a commercial motor 
vehicle for at least 120 days an individual who, in a 3-year period, 
commits 3 serious traffic violations involving a commercial motor 
vehicle operated by the individual.
    (f) Emergency Disqualification.--
        (1) Limited duration.--The Secretary shall disqualify an 
    individual from operating a commercial motor vehicle for not to 
    exceed 30 days if the Secretary determines that allowing the 
    individual to continue to operate a commercial motor vehicle would 
    create an imminent hazard (as such term is defined in section 5102).
        (2) After notice and hearing.--The Secretary shall disqualify an 
    individual from operating a commercial motor vehicle for more than 
    30 days if the Secretary determines, after notice and an opportunity 
    for a hearing, that allowing the individual to continue to operate a 
    commercial motor vehicle would create an imminent hazard (as such 
    term is defined in section 5102).

    (g) Noncommercial Motor Vehicle Convictions.--
        (1) Issuance of regulations.--Not later than 1 year after the 
    date of the enactment of this Act, the Secretary shall issue 
    regulations providing for the disqualification by the Secretary from 
    operating a commercial motor vehicle of an individual who holds a 
    commercial driver's license and who has been convicted of--
            (A) a serious offense involving a motor vehicle (other than 
        a commercial motor vehicle) that has resulted in the revocation, 
        cancellation, or suspension of the individual's license; or
            (B) a drug or alcohol related offense involving a motor 
        vehicle (other than a commercial motor vehicle).

        (2) Requirements for regulations.--Regulations issued under 
    paragraph (1) shall establish the minimum periods for which the 
    disqualifications shall be in effect, but in no case shall the time 
    periods for disqualification for noncommercial motor vehicle 
    violations be more stringent than those for offenses or violations 
    involving a commercial motor vehicle. The Secretary shall determine 
    such periods based on the seriousness of the offenses on which the 
    convictions are based.

    (h) State Disqualification.--Notwithstanding subsections (b) through 
(g) of this section, the Secretary does not have to disqualify an 
individual from operating a commercial motor vehicle if the State that 
issued the individual a license authorizing the operation has 
disqualified the individual from operating a commercial motor vehicle 
under subsections (b) through (g). Revocation, suspension, or 
cancellation of the license is deemed to be disqualification under this 
subsection.
    (i) Out-of-Service Orders.--(1)(A) To enforce section 392.5 of title 
49, Code of Federal Regulations, the Secretary shall prescribe 
regulations establishing and enforcing an out-of-service period of 24 
hours for an individual who violates section 392.5. An individual may 
not violate an out-of-service order issued under those regulations.
    (B) The Secretary shall prescribe regulations establishing and 
enforcing requirements for reporting out-of-service orders issued under 
regulations prescribed under subparagraph (A) of this paragraph. 
Regulations prescribed under this subparagraph shall require at least 
that an operator of a commercial motor vehicle who is issued an out-of-
service order to report the issuance to the individual's employer and to 
the State that issued the operator a driver's license.
    (2) Not later than December 18, 1992, the Secretary shall prescribe 
regulations establishing sanctions and penalties related to violations 
of out-of-service orders by individuals operating commercial motor 
vehicles. The regulations shall require at least that--
        (A) an operator of a commercial motor vehicle found to have 
    committed a first violation of an out-of-service order shall be 
    disqualified from operating such a vehicle for at least 90 days and 
    liable for a civil penalty of at least $1,000;
        (B) an operator of a commercial motor vehicle found to have 
    committed a 2d violation of an out-of-service order shall be 
    disqualified from operating such a vehicle for at least one year and 
    not more than 5 years and liable for a civil penalty of at least 
    $1,000; and
        (C) an employer that knowingly allows or requires an employee to 
    operate a commercial motor vehicle in violation of an out-of-service 
    order shall be liable for a civil penalty of not more than $10,000.

    (j) Grade-Crossing Violations.--
        (1) Sanctions.--The Secretary shall issue regulations 
    establishing sanctions and penalties relating to violations, by 
    persons operating commercial motor vehicles, of laws and regulations 
    pertaining to railroad-highway grade crossings.
        (2) Minimum requirements.--The regulations issued under 
    paragraph (1) shall, at a minimum, require that--
            (A) the penalty for a single violation is not less than a 
        60-day disqualification of the driver's commercial driver's 
        license; and
            (B) any employer that knowingly allows, permits, authorizes, 
        or requires an employee to operate a commercial motor vehicle in 
        violation of such a law or regulation shall be subject to a 
        civil penalty of not more than $10,000.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1022; Pub. L. 104-
88, title IV, Sec. 403(a), Dec. 29, 1995, 109 Stat. 956; Pub. L. 106-
159, title II, Sec. 201(a)(1), (2), (b), Dec. 9, 1999, 113 Stat. 1758, 
1759.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
31310(a)..............................  49 App.:2707(f).                 Oct. 2
7, 1986, Pub. L. 99-570, Sec.
                                                                          12008
, 100 Stat. 3207-177.
31310(b)..............................  49 App.:2707(a)(1).
31310(c)..............................  49 App.:2707(a)(2).
31310(d)..............................  49 App.:2707(b).
31310(e)..............................  49 App.:2707(c).
31310(f)..............................  49 App.:2707(e).
31310(g)(1)...........................  49 App.:2707(d).
31310(g)(2)...........................  49 App.:2718.                    Oct. 2
7, 1986, Pub. L. 99-570, 100
                                                                          Stat.
 3207-170, Sec.  12020; added
                                                                          Dec. 
18, 1991, Pub. L. 102-240, Sec.
                                                                          4009(
a), 105 Stat. 2156.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the text of 49 App.:2707(f)(1)-(4) (words before 
2d comma) is omitted as executed and obsolete. The words ``and section 
2708 of the Appendix'' are omitted as surplus.
    In subsection (b)(2), the words ``involved in a violation'' are 
substituted for ``operated or used in connection with the violation or 
the commission of the felony'' to eliminate unnecessary words. The words 
``by the Secretary'' are omitted as surplus.
    Subsection (c)(1)(D) is substituted for 49 App.:2707(a)(2)(A)(iv) 
for clarity and to eliminate unnecessary words.
    In subsection (g)(1)(A), the words ``Not later than 1 year after 
October 27, 1986'' are omitted as obsolete.
    In subsection (g)(2), before clause (A), the words ``Not later than 
December 18, 1992, the Secretary shall prescribe regulations'' are 
substituted for ``The Secretary shall issue regulations'' and 49 
App.:2718(c) to eliminate executed words. The word ``individuals'' is 
substituted for ``persons'' for clarity and consistency in the revised 
title and with other titles of the United States Code. In clause (C), 
the words ``permits, authorizes'' are omitted as being included in 
``allows''.

                       References in Text

    The date of the enactment of this Act, referred to in subsec. 
(g)(1), is the date of enactment of Pub. L. 106-159, which was approved 
Dec. 9, 1999.


                               Amendments

    1999--Subsec. (b)(1)(D), (E). Pub. L. 106-159, Sec. 201(a)(1), added 
subpars. (D) and (E).
    Subsec. (c)(1)(D), (E). Pub. L. 106-159, Sec. 201(a)(2)(A), (C), 
added subpars. (D) and (E). Former subpar. (D) redesignated (F).
    Subsec. (c)(1)(F). Pub. L. 106-159, Sec. 201(a)(2)(B), (D), 
redesignated subpar. (D) as (F) and substituted ``subparagraphs (A) 
through (E)'' for ``clauses (A)-(C) of this paragraph''.
    Subsecs. (f), (g). Pub. L. 106-159, Sec. 201(b)(2), added subsecs. 
(f) and (g). Former subsecs. (f) and (g) redesignated (h) and (i), 
respectively.
    Subsec. (h). Pub. L. 106-159, Sec. 201(b)(1), (3), redesignated 
subsec. (f) as (h) and substituted ``(b) through (g)'' for ``(b)-(e)'' 
in two places. Former subsec. (h) redesignated (j).
    Subsecs. (i), (j). Pub. L. 106-159, Sec. 201(b)(1), redesignated 
subsecs. (g) and (h) as (i) and (j), respectively.
    1995--Subsec. (h). Pub. L. 104-88 added subsec. (h).


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of 
Pub. L. 104-88, set out as an Effective Date note under section 701 of 
this title.


                               Regulations

    Section 403(b) of Pub. L. 104-88 provided that: ``The initial 
regulations required under section 31310(h) of title 49, United States 
Code, shall be issued not later than 1 year after the date of the 
enactment of this Act [Dec. 29, 1995].''

                  Section Referred to in Other Sections

    This section is referred to in sections 521, 31301, 31311 of this 
title.
