Driver disqualifications as set out in 49 CFR Part 383 and
detailed in this section are adopted by the department.
(1) First violation. A driver is disqualified for not
less than 180 days nor more than one year if the driver is convicted
of a first violation of an out-of-service order.
(2) Second violation. A driver is disqualified for
not less than two years nor more than five years if, during any 10
year period, the driver is convicted of two violations of out-of-service
orders in separate incidents.
(3) Third or subsequent violation. A driver is disqualified
for not less than three years nor more than five years if, during
any ten-year period, the driver is convicted of three or more violations
of out-of-service orders in separate incidents.
(4) Special rule for hazardous materials and passenger
offenses. A driver is disqualified for a period of not less than 180
days nor more than two years if the driver is convicted of a first
violation of an out-of-service order while transporting hazardous
materials required to be placarded under the Hazardous Materials Transportation
Act (49 USC §§1801-1813), or while operating a motor vehicle
designed to transport more than 15 passengers, including the driver.
A driver is disqualified for a period of not less than three years
nor more than five years if, during any ten-year period, the driver
is convicted of any subsequent violations of out-of-service orders,
in separate incidents, while transporting hazardous materials required
to be placarded under the Hazardous Materials Act, or while operating
motor vehicles designed to transport more than 15 passengers, including
the driver.
(5) Court to report conviction. If a driver is convicted
of an offense under the Texas Transportation Code, §522.071,
the convicting court must order a disqualification period as set out
in paragraphs (1) - (4) of this section. The court must report the
conviction and disqualification on a form approved by the department.
If the court fails to set a period of disqualification, the department
must disqualify the CMV driving privileges for 90 days for the first
violation, one year for a second violation, and three years for the
third or subsequent violation. If the court fails to set a period
of suspension for convictions of these offenses which occurred while
transporting hazardous materials required to be placarded under the
Hazardous Materials Act or while operating a motor vehicle designed
to transport more than 15 passengers, including the driver, the department
must disqualify the CMV driving privileges for 180 days for the first
violation and three years if, during any ten-year period, the driver
is convicted of any subsequent violations.
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