CDL Disqualification Periods:
- 1st conviction = no less than 60 days
- 2nd conviction w/in 3 yrs = no less than 120 days
- 3rd conviction w/in 3 yrs = no less than 1 yr
NOTES:
Disqualification period must be in addition to any other previous period of disqualification (run consecutively)[49 CFR §383.51(a)(5)]
Only applicable when offense occurred in a CMV
For 1st conviction – ACD Code of withdrawal is same as ACD Code of conviction;
Retention Period: 4 years from the conviction date or for as long as any resulting withdrawal is retained, whichever is longer.
These violations include violation of a federal, state or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing:
383.51(d)(1) Not required to always stop, but fails to slow down and check that tracks are clear of an approaching train M20 For drivers who are not required to always stop, failure to slow down at a railroad-highway grade crossing and check that tracks are clear of approaching train
383.51(d)(2) Not required to always stop, but fails to stop before reaching the crossing, if the tracks are not clear M21 For all drivers who are not required to always stop, failure to slow down at a railroad-highway grade crossing when the tracks are not clear
383.51(d)(3) Always required to stop, but fails to stop before driving onto the crossing M22 For drivers who are always required to stop, failure to stop as required before driving onto railroad-highway grade crossing
383.51(d)(4) Fails to have sufficient space to drive completely through the crossing without Stopping M23 For all drivers, failing to have sufficient space to drive completely through the railroad-highway grade crossing without stopping
383.51(d)(5) Fails to obey a traffic control device or the directions of an enforcement official at the Crossing M10 For all drivers, failure to obey a traffic control device or the directions of an enforcement official at a railroad-highway grade crossing
383.51(d)(6) Fails to negotiate a crossing because of insufficient undercarriage clearance M24 For all drivers, failing to negotiate a railroad-highway grade crossing because of insufficient undercarriage clearance