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
Setting a driver's status to Disqualified sends a critical alert; it is a status and an alert, and Roadworthy HQ has no dispatch system to enforce it. Around it sit the annual MVR and §391.25 review, each with reminders at 60, 30, and 7 days, and the Clearinghouse query log with the same reminders before the annual query.