Row 11: Knowingly using a disqualified driver (49 CFR 391.15(a))
Row 11 fails a new carrier that knowingly uses a disqualified driver. Unlike rows 7 and 8, this rule is in Part 391, so it applies to drivers of CMVs that don't need a CDL too.
What the rule says
49 CFR 391.15 (a): a driver who is disqualified shall not drive a commercial motor vehicle, and a motor carrier shall not require or permit a disqualified driver to drive one. Part 391 uses the general CMV definition, which starts at 10,001 lbs (49 CFR 390.5), so a box truck driver without a CDL is covered.
Grounds for disqualification under 391.15
- Loss of driving privileges: for as long as a license, permit or privilege to operate a CMV is revoked, suspended, withdrawn or denied, until restored.
- Criminal and other offenses committed on duty: driving a CMV under the influence of alcohol (including 0.04 or more) or of certain controlled substances, transporting or possessing them on duty, leaving the scene of an accident, or a felony involving a CMV. First offense: 1 year (6 months for some possession cases); a repeat within 3 years: 3 years.
- Out-of-service order violations: at least 90 days to 1 year for a first conviction, longer for repeats, with stricter periods for placarded hazmat and vehicles designed for more than 15 passengers.
- Texting or hand-held phone while driving a CMV: 60 days after a second conviction within 3 years, 120 days after a third.
The driver must tell you
A driver who receives notice that a license, permit or privilege to operate a CMV has been revoked, suspended or withdrawn must notify the employing carrier before the end of the business day after receiving it (49 CFR 391.15). Put that requirement in writing in your driver policy so nobody can say they didn't know.
Records that catch it
- The pre-hire MVR from each State where the driver held a license in the past 3 years, within 30 days of hire, and the investigation of the driver's safety performance with DOT-regulated employers over the past 3 years (49 CFR 391.23).
- The annual MVR and the documented review, with the reviewer's name and date (49 CFR 391.25).
- The driver qualification file holding them, kept for the period of employment plus 3 years (49 CFR 391.51).
An auditor compares those records with logs and dispatch history. A driver who drove during a suspension shown on the MVR in your own file is the clearest form of this violation.
How to fix it
- Pull current MVRs for all drivers, including non-CDL drivers of 10,001 lbs or more.
- Do and document the annual review for each one.
- Remove any disqualified driver from CMV driving and record the date.
- Add next-business-day reporting to your written driver policy.
If an auditor finds this violation, the audit fails. FMCSA then has up to 45 days to send written notice, and you get 60 days from the notice date to fix the problem and prove it (45 days for certain passenger and hazmat carriers) before your new entrant registration is revoked (49 CFR 385.319, 49 CFR 385.325). The overview explains the timeline.