Section 391.15 lists the conditions under which a driver is disqualified from operating a CMV — including specified convictions, refusal to take a drug or alcohol test, and a positive drug test. A motor carrier that knowingly allows a disqualified driver to operate a CMV commits a violation that falls under the Driver Fitness BASIC.
When a driver is disqualified
- Conviction of a §391.15(c) disqualifying offense (driving a CMV under the influence, leaving the scene of an accident, etc.).
- A positive drug or alcohol test result.
- Refusal to submit to required testing.
- Loss or suspension of CDL.
What the carrier must do
- Run an annual MVR to detect convictions on the driver's record.
- Run a Clearinghouse query at hire and annually thereafter for current employees.
- Document the basis for any disqualification and retain the records.
- Cease dispatch immediately upon discovering disqualification.
How to prevent it
- Annual MVR review is the primary detection mechanism. Don't skip the §391.25(b) written review — that's where you catch a disqualifying conviction.
- Annual Clearinghouse queries are not optional and are how you catch a positive D&A test.
- Document the disqualification action when it occurs — auditors want to see the timeline.
How Roadworthy HQ helps
Annual MVR cycles, Clearinghouse query tracking, and the disqualification documentation workflow all live in the same place. The audit binder shows the chain: MVR pulled, review performed, disqualification documented (or not).