(a)
(b)
(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)
(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)
(e)
(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)
(1)
(2)
(g)
(1)
(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)
(h)
(i)
(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) 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 180 days and liable for a civil penalty of at least $2,500;
(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 2 years and not more than 5 years and liable for a civil penalty of at least $5,000;
(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 $25,000; and
(D) an employer that knowingly and willfully allows or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall, upon conviction, be subject for each offense to imprisonment for a term not to exceed one year or a fine under title 18, or both.
(j)
(1)
(2)
(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.
(k)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1022; Pub. L. 104–88, title IV, §403(a), Dec. 29, 1995, 109 Stat. 956; Pub. L. 106–159, title II, §201(a)(1), (2), (b), Dec. 9, 1999, 113 Stat. 1758, 1759; Pub. L. 109–59, title IV, §4102(b), Aug. 10, 2005, 119 Stat. 1715; Pub. L. 112–141, div. C, title II, §§32204, 32507, 32931(d), July 6, 2012, 126 Stat. 785, 804, 829.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31310(a) | 49 App.:2707(f). | Oct. 27, 1986, Pub. L. 99–570, §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. 27, 1986, Pub. L. 99–570, 100 Stat. 3207–170, §12020; added Dec. 18, 1991, Pub. L. 102–240, §4009(a), 105 Stat. 2156. |
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