---
title: Driver disqualification basics
description: When 49 CFR 391.15 requires a driver to stop operating a CMV and how long disqualifications last for listed offenses.
date: 2026-10-20
lastReviewed: 2026-10-23
canonical: /resources/guides/driver-disqualification-basics
---
A **disqualified** driver must not drive a CMV, and the motor carrier must not require or permit disqualified driving ([49 CFR 391.15(a)](https://www.ecfr.gov/current/title-49/section-391.15)).

## Short answer



Disqualification applies while driving privileges are revoked or suspended, after certain criminal convictions during on-duty or commercial activity, after out-of-service order violations, and after repeated texting or hand-held phone convictions. Duration ranges from the loss of license until restored, through fixed periods such as one year or three years for listed offenses. Annual MVR reviews weigh whether a driver still meets requirements. DQid does not automatically disqualify drivers; carriers record decisions on the file.



## Loss of driving privileges



### 
  

### 
    A driver is disqualified for as long as a licensing authority has revoked,
    suspended, withdrawn, or denied the operator’s license or permit. The driver
    must notify the employer by the end of the next business day after receiving
    notice of the action.
  





## Criminal and serious traffic offenses

Paragraph (c) lists disqualifying offenses—including DUI at 0.04 or higher in a CMV, certain controlled substance offenses, leaving the scene, and felonies involving a CMV—when committed during on-duty time or commercial activity as the rule defines.



### 
  

### 
    Generally one year from conviction or bond forfeiture if no prior
    disqualifying offense occurred in the preceding three years. Certain
    possession-only offenses carry six months when that is the sole issue.
  


  

### 
    Three years when a disqualifying offense occurred in the preceding three
    years.
  





## Out-of-service and mobile device violations

Out-of-service order violations carry 90 days to five years depending on repeat offenses and whether hazmat or passenger operations apply ([49 CFR 391.15(d)](https://www.ecfr.gov/current/title-49/section-391.15)). Repeated texting ([§ 392.80](https://www.ecfr.gov/current/title-49/section-392.80)) or hand-held mobile telephone ([§ 392.82](https://www.ecfr.gov/current/title-49/section-392.82)) convictions trigger 60- or 120-day disqualifications after second or third violations in three years ([391.15(e)–(f)](https://www.ecfr.gov/current/title-49/section-391.15)).


  This guide summarizes § 391.15 only. State law, Part 383, and other parts of
  the FMCSRs may impose additional bars.


## Tie-in to annual review

Each year the carrier must review the driving record and decide whether the driver still meets minimum safe-driving requirements or is disqualified ([49 CFR 391.25(b)](https://www.ecfr.gov/current/title-49/section-391.25)).

## Sources

- [49 CFR 391.15 — Disqualification of drivers](https://www.ecfr.gov/current/title-49/section-391.15) (eCFR text reviewed 2026-10-20)
- [49 CFR 391.25 — Annual review of driving record](https://www.ecfr.gov/current/title-49/section-391.25) (eCFR text reviewed 2026-10-20)