---
kind: "section"
citation: "49 C.F.R. § 383.52"
title: "49"
number: "383.52"
heading: "Disqualification of drivers determined to constitute an imminent hazard."
url: "https://uscodex.org/cfr/49/383.52"
---

# §383.52. Disqualification of drivers determined to constitute an imminent hazard.

- (a) The Assistant Administrator or his/her designee must disqualify from operating a CMV any driver whose driving is determined to constitute an imminent hazard, as defined in [§ 383.5](/cfr/49/383.5.md).
- (b) The period of the disqualification may not exceed 30 days unless the FMCSA complies with the provisions of [paragraph (c)](#c) of this section.
- (c) The Assistant Administrator or his/her delegate may provide the driver an opportunity for a hearing after issuing a disqualification for a period of 30 days or less. The Assistant Administrator or his/her delegate must provide the driver notice of a proposed disqualification period of more than 30 days and an opportunity for a hearing to present a defense to the proposed disqualification. A disqualification imposed under this paragraph may not exceed one year in duration. The driver, or a representative on his/her behalf, may file an appeal of the disqualification issued by the Assistant Administrator's delegate with the Assistant Administrator, Adjudications Counsel (MC-CC), Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001.
- (d) Any disqualification imposed in accordance with the provisions of this section must be transmitted by the FMCSA to the jurisdiction where the driver is licensed and must become a part of the driver's record maintained by that jurisdiction.
- (e) A driver who is simultaneously disqualified under this section and under other provisions of this subpart, or under State law or regulation, shall serve those disqualification periods concurrently.

## Notes

### Amendments

[67 FR 49759, July 31, 2002, as amended at 72 FR 55700, Oct. 1, 2007]

### Authority

Authority: 49 U.S.C. 521, 31136, 31301, et seq., and 31502; secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 397, sec. 4140 of Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; secs. 5401 and 7208, Pub. L. 114-94, 129 Stat. 1312, 1546, 1593 (49 U.S.C. 31305(d)), sec. 23019 of Pub. L. 117-58, 135 Stat. 429, 777; and 49 CFR 1.87.

### Source

Source: 52 FR 20587, June 1, 1987, unless otherwise noted.

### Amendments

[67 FR 49759, July 31, 2002, as amended at 72 FR 55700, Oct. 1, 2007]