Regulatory Text of 49 CFR Part 391.15:
**§ 391.15 - Disqualification of drivers.**
(a) General rule. A driver who is disqualified under the rules in this subpart is prohibited from operating a commercial motor vehicle.
(b) Disqualification for violation of out-of-service orders.
(1) A driver is disqualified for the duration of the out-of-service order if the driver—
(i) Is placed out of service pursuant to §§ 386.72, 392.5(a), 395.13, or 396.9, or an equivalent State provision; or
(ii) Is placed out of service for 24 hours or more pursuant to § 395.13.
(2) A driver is disqualified for 180 days if the driver—
(i) Is placed out of service pursuant to § 392.5(a) of this subchapter or an equivalent State provision for a second serious violation involving a motor vehicle; or
(ii) Is placed out of service pursuant to § 395.13 of this subchapter or an equivalent State provision for a second time within a 10-year period.
(3) A driver is disqualified for one year if the driver is placed out of service pursuant to § 392.5(a) of this subchapter or an equivalent State provision for a third serious violation involving a motor vehicle within a 10-year period.
(4) A driver is disqualified for a period of not less than 180 days if the driver violates an out-of-service order, as described in paragraph (b)(1) of this section, while operating a vehicle that—
(i) Is placarded for hazardous materials; or
(ii) Is designed to transport more than 15 passengers, including the driver.
(5) A driver is disqualified for one year if the driver violates an out-of-service order, as described in paragraph (b)(1) of this section, while operating a vehicle transporting hazardous materials.
(6) A driver is disqualified for one year if the driver—
(i) Is placed out of service pursuant to § 395.13 of this subchapter or an equivalent State provision; and
(ii) Violates the order while operating a vehicle transporting hazardous materials.
(7) A driver is disqualified for a period of not less than 180 days if the driver violates an out-of-service order, as described in paragraph (b)(1) of this section, while operating a vehicle designed to transport more than 15 passengers, including the driver.
(8) A driver is disqualified for one year if the driver—
(i) Is placed out of service pursuant to § 395.13 of this subchapter or an equivalent State provision; and
(ii) Violates the order while operating a vehicle designed to transport more than 15 passengers, including the driver.
(c) Disqualification for railroad-highway grade crossing violation.
(1) A driver is disqualified for the period of time specified in paragraph (c)(2) of this section if the driver is convicted of a violation described in paragraph (c)(3) of this section, while operating a commercial motor vehicle.
(2) A driver is disqualified for:
(i) Not less than 60 days if convicted of a first violation; or
(ii) Not less than 120 days if convicted of a second violation within a 3-year period; or
(iii) Not less than one year if convicted of a third or subsequent violation within a 3-year period.
(3) A driver is disqualified under this paragraph (c) for any of the following violations:
(i) For drivers required to always stop, failing to stop before reaching the crossing, if the tracks are not clear.
(ii) For drivers not always required to stop, failing to slow down and check that the tracks are clear of an approaching train.
(iii) For all drivers, failing to stop before driving onto the crossing, if the tracks are not clear.
(iv) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping.
(v) For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing.
(vi) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.
(vii) For all drivers, failing to negotiate a crossing because the crossing is temporarily or permanently closed due to construction, repair, maintenance, or some other reason.
(4) A driver is disqualified under this paragraph (c) if the driver is convicted of a violation under a State or local law or ordinance that has the same elements as any violation listed in paragraph (c)(3) of this section, unless the violation was committed in a non-CMV.
(5) A driver may be disqualified for up to 120 days if the driver is convicted of a violation or receives a suspension, revocation, or cancellation for railroad-highway grade crossing offenses from a State or local jurisdiction.
Plain English Summary of 49 CFR Part 391.15:
Title: Disqualification of Drivers
Summary:
49 CFR Part 391.15 outlines the rules and conditions under which a commercial motor vehicle (CMV) driver can be disqualified from operating a CMV. Below is a simplified explanation of what this regulation means and who it applies to:
General Disqualification Rule:
- A driver who is disqualified under the rules in this subpart is prohibited from operating a commercial motor vehicle (CMV).
Disqualification for Violation of Out-of-Service Orders:
- Drivers can be disqualified for specific durations if they violate out-of-service orders, such as being placed out of service for safety reasons.
- Disqualification periods range from 24 hours to one year, depending on the nature and repetition of the violation.
- Disqualification periods are longer if the violation occurs while operating vehicles carrying hazardous materials or designed to transport more than 15 passengers, including the driver.
Disqualification for Railroad-Highway Grade Crossing Violation:
- Drivers can be disqualified for a specified duration if convicted of violations related to railroad-highway grade crossings while operating a CMV.
- The disqualification duration depends on the number of violations within a 3-year period, with periods ranging from 60 days to one year.
- Violations include failing to stop at crossings, not having sufficient space to clear the crossing, failing to obey traffic control devices, and more.
- Drivers may also be disqualified for receiving suspensions or revocations related to these offenses from state or local jurisdictions.
In essence, Part 391.15 establishes the conditions under which CMV drivers can be disqualified from driving, emphasizing the importance of compliance with safety regulations to ensure the safety of both the drivers and the general public on the roads.
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