Скачать или смотреть Overland Park Truck Accident Lawyer answers: How Does the FMCSA Define Disqualification of a driver?

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Hello, my name is Jason Roth. I’m an attorney with the law firm of Roth Davies in Overland Park, Kansas. Today I want to talk to you about how the Federal Motor Carrier Safety Administration defines disqualification as applied to a commercial motor vehicle driver and what are some examples of ways that a driver could be disqualified. Disqualification means the suspension, revocation or cancellation of a commercial learner’s permit or a commercial driver’s license, the withdrawal of a person’s privileges to drive a commercial motor vehicle, or a determination by the Federal Motor Carrier Safety Administration that a person is not qualified to operate a commercial motor vehicle under the federal regulations. An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a commercial motor vehicle. In most cases a driver must be convicted of an offense before he or she can be disqualified. Conviction is generally defined as: being judged guilty, a determination that the driver has failed to comply with the law, plea of guilty, forfeiting bail or collateral, payment of a fine or court cost, or a violation of a condition of release without bail. The Federal Motor Carrier Safety Administration takes into consideration how many convictions a driver has had when determining the length of the disqualification. These disqualifications can range from no less than 60 days to as long as life. A few examples of ways that people can be disqualified are: a first conviction of driving under the influence of alcohol is one year, a third conviction for following a vehicle ahead too closely is 120 days. There are a number of examples of disqualifications of commercial motor vehicle operators. If you have any questions, please feel free to call me.