An employer must not knowingly let a disqualified driver operate a commercial motor vehicle. The federal offenses and disqualification periods are in 49 CFR 383.51. Under 49 CFR 391.15, a motor carrier must not require or permit a disqualified driver to drive, and a driver who has lost their license is disqualified until it’s restored. States can add longer or extra disqualifications.
The MVR is where these convictions and license actions show up. This checklist summarizes the federal tables; read the regulation for exact wording.
Major offenses
Swipe the table sideways if more columns are off-screen.
| Offense | First conviction | Second conviction |
|---|---|---|
| Driving under the influence of alcohol or a controlled substance; refusing a required alcohol test; leaving the scene of an accident; using the vehicle to commit a felony (other than those in the last two rows) | 1 year, or 3 years if the CMV was carrying hazmat | Life |
| Alcohol concentration of 0.04 or more in a CMV; driving a CMV while the CDL is revoked, suspended or canceled, or while disqualified, because of earlier CMV violations; causing a death through negligent operation of a CMV | 1 year, or 3 years with hazmat | Life |
| Using the vehicle in a felony involving manufacturing, distributing or dispensing a controlled substance | Life, with no 10-year reinstatement | — |
| Using a CMV in a felony involving severe forms of human trafficking | Life, with no 10-year reinstatement | — |
A second conviction means any combination of offenses in this table, from separate incidents. The offenses in the first row count against a CDL holder even when committed in a personal vehicle. The second row applies only in a CMV. A state may reinstate a driver after 10 years of a lifetime disqualification if the driver completes an approved rehabilitation program, except for the felonies in the last two rows. A driver reinstated this way who is convicted of another offense in the first two rows can’t be reinstated again.
Serious traffic violations
Two convictions for separate incidents within 3 years disqualify a CDL holder for 60 days; three or more disqualify for 120 days. The serious traffic violations are:
- Speeding 15 mph or more over the limit
- Reckless driving
- Improper or erratic lane changes
- Following too closely
- A traffic violation connected with a fatal accident
- Driving a CMV without a CDL, without it in the driver’s possession, or without the right class or endorsements
- Texting, or using a hand-held phone, while driving a CMV
The first five also count when committed in a personal vehicle, but only if the conviction led to a suspension, revocation or cancellation of the driver’s license or driving privileges.
Railroad crossings and out-of-service orders
Railroad-highway grade crossing violations in a CMV: at least 60 days for a first conviction, at least 120 days for a second within 3 years, and at least 1 year for a third.
Violating an out-of-service order: 180 days to 1 year for a first conviction, or 180 days to 2 years when carrying hazmat or driving a vehicle designed for 16 or more passengers, including the driver. A second within 10 years means 2 to 5 years (3 to 5 years with hazmat or passengers); a third, 3 to 5 years.
License suspensions and CDL downgrades
A driver whose license or privilege to drive a CMV is suspended, revoked or withdrawn is disqualified until the license is restored. The driver must tell you about the notice by the end of the next business day (49 CFR 391.15).
When a state is notified that a driver is prohibited from driving under FMCSA’s Drug and Alcohol Clearinghouse rules, it must downgrade the CDL and record that on the driver’s CDLIS record within 60 days (49 CFR 383.73(q)). The MVR can show the downgrade; the drug or alcohol violation itself is in the Clearinghouse.
What to check on the MVR
- License status: valid, suspended, revoked or downgraded.
- Each conviction’s offense and dates: the tables count convictions for separate incidents within 3 years (serious violations and rail crossings) or 10 years (out-of-service orders).
- Whether it happened in a CMV: many states mark this, and it decides which rules apply.
- Convictions from other states: a CDL holder’s traffic convictions in any state and any vehicle (other than parking, weight and vehicle-defect violations) are sent to the license state (49 CFR 384.209) and posted to the CDLIS record (49 CFR 384.225), and states can’t mask them through diversion programs (49 CFR 384.226).
How to read a CDL driver’s MVR walks through a sample record.
Your own hiring standards
Federal disqualification is the minimum. Many carriers and their insurers set stricter MVR criteria for hiring. Write yours down and apply them the same way to every driver.
If you reject a driver or take other adverse action based on a report from a screening company, the FCRA requires specific notices; see MVR consent for CDL drivers. Evergreen supplies the report; you make the employment decision.
Order an MVR, or see pre-employment MVR requirements.
Rules checked against 49 CFR 383.51, 383.73, 384.209, 384.225, 384.226 and 391.15 on eCFR, November 3, 2026. This is a summary, not legal advice.