Texas Administrative Code › Title 37 - PUBLIC SAFETY AND CORRECTIONS › Part 1 - TEXAS DEPARTMENT OF PUBLIC SAFETY › Chapter 16 - COMMERCIAL DRIVER LICENSE › Subchapter C - SANCTIONS AND DISQUALIFICATIONS › Section 16.65 - Disqualifications

Current through Reg. 49, No. 28; July 12, 2024
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.