Key points
- Federal rules in 49 CFR §383.51 set the minimum disqualification periods. Texas enforces them through its CDL laws.
- A first major offense such as DWI or leaving the scene of a crash means at least 1 year without a CDL (3 years if hauling placarded hazmat). A second means a lifetime disqualification.
- Two serious traffic violations within 3 years mean 60 days; three mean 120 days.
Major offenses
These lead to disqualification whether the driver was in a commercial vehicle or, for most offenses, a personal vehicle:
- Driving under the influence of alcohol or a controlled substance (in a CMV, the alcohol limit is 0.04)
- Refusing an alcohol or drug test required by state implied-consent law
- Leaving the scene of a crash
- Using a vehicle to commit a felony
- Driving a CMV while the CDL is revoked, suspended or cancelled, or while disqualified
- Causing a fatality through negligent operation of a CMV
- Using a vehicle in a felony involving manufacturing or distributing controlled substances, which carries a lifetime ban with no reinstatement
| Major offense | Disqualification |
|---|---|
| First offense | At least 1 year (3 years if transporting placarded hazardous materials) |
| Second offense | Life (states may allow reinstatement after 10 years in some cases) |
Serious traffic violations
These count when committed in a CMV and, in some cases, in a personal vehicle if they lead to a license suspension:
- Speeding 15 mph or more over the limit
- Reckless driving
- Improper or erratic lane changes
- Following too closely
- A traffic-control violation connected with a fatal crash
- Driving a CMV without a CDL, without the CDL in possession, or without the right class or endorsement
- Texting while driving a CMV
- Using a hand-held mobile phone while driving a CMV
| Serious violations within 3 years | Disqualification |
|---|---|
| Second | 60 days |
| Third | 120 days |
Railroad crossing and out-of-service violations
- Railroad-highway grade crossings (for example, failing to stop when required or to have enough clearance): 60 days for a first violation, 120 days for a second within 3 years and 1 year for a third.
- Violating an out-of-service order: at least 180 days for a first violation, with longer periods for repeat violations and for hazmat or passenger vehicles.
Why carriers and crash claims care
Carriers must check every driver's driving record when hiring and at least once a year, and keep the results in the driver qualification file. A carrier that lets a disqualified driver operate breaks federal rules. After a crash, that can support claims of negligent hiring or retention. See who can be liable in a Texas truck accident.