Trucking: Driver Disqualification, cdl holder, traffic control device

Question
QUESTION: It was brought to my attention last week that I have a driver that has 2 speeding tickets for more the 15mph over the posted limit.  Both were received within months of each other and now he just turned in a ticket to me for "disregard traffic control device: devise type No Trucks Left Lane".  Does this ticket disqualify him for 120 days.  Since he should have been disqualified for the first two and I wasn't made aware of the tickets.  How do you handle that.

ANSWER: Hi Lisa....
Subpart D — Driver Disqualifications and Penalties, "§383.51 Disqualification of drivers" addresses your question.  It can be found at http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.as

Essentially, it states:

(a) General. (1) A driver or holder of a CDL who is disqualified must not drive a CMV.

(a)(2) An employer must not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a CMV.

(c) Disqualification for serious traffic violations. Table 2 to §383.51 contains a list of the offenses and the periods for which a driver must be disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, as follows:

Table 2 to §383.51

If a driver operates a motor vehicle and is convicted of:
********For a second conviction*****
of any combination of offenses in this Table in a separate incident within a 3-year period while operating a CMV, a person required to have a CDL and a CDL holder must be disqualified from operating a CMV for…
********For a second conviction*****
of any combination of offenses in this Table in a separate incident within a 3-year period while operating a non-CMV, a CDL holder must be disqualified from operating a CMV, if the conviction results in the revocation, cancellation, or suspension of the CDL holder’s license or non-CMV driving privileges, for…

(1) Speeding excessively, involving any speed of 24.1 kmph (15 mph) or more above the posted speed limit.
60 days
60 days

(2) Driving recklessly, as defined by State or local law or regulation, including but not limited to, offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property.
60 days
60 days

(3) Making improper or erratic traffic lane changes.
60 days
60 days

(4) Following the vehicle ahead too closely.
60 days
60 days

(5) Violating State or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident.
60 days
60 days

Thanks for the question and I hope this helps.
...Don

---------- FOLLOW-UP ----------

QUESTION: Since he should have been disqualified for 60 day beginning in April but I am just now aware of the 2 speeding violation does the disqualification begin now or is to late for that one and since all 3 violations are in less than on year is he disqualified immediately for 120 days.

Answer
Obviously you couldn't disqualify the driver retroactively, so it would have to commence immediately.  From your description, my interpretation would be that there have been 3 serious traffic violations within a three year period.  

At the time when the second was committed, there should have been 60 day disqualification.  And now the third would require suspension for an additional 120 days.

I would interpret that it should be a 180 day disqualification since by regulations, the driver should have been disqualified for 60 days when the second offense was committed and the additional 120 days would be mandated by the third offense.

However, since this is somewhat complex legal issue, you may want to consult your state motor carrier division or a transportation attorney from your state.

I'm sorry I can't be more definitive and please understand that my statements above are just my interpretation and opinion.  They certainly shouldn't be take as legal advice.

Thanks again.....
....Don