§384.231 Satisfaction of State disqualification requirement.

*Question 1: When accepting an applicant transferring from another State whose record reveals a disqualifying conviction for which the originating State did not take disqualifying action, is the transferee State required to take the disqualifying action?

Guidance: Yes. Sec. 384.206(a)(2) requires a State, including a transferee State, to check the applicant's driving record for the past 10 years in every State where he/she was licensed. If adverse information is discovered, §384.206(b) requires a State, including a transferee State, to “promptly implement the disqualifications...that are called for in any applicable section(s) of this subpart.” Sec. 384.231(a) makes the requirements of §384.206(b) applicable to the “State of licensure” – which includes a transferee State under §384.206(a)(2) – and §384.231(b) then requires disqualifying action against a CDL holder who has been convicted of a disqualifying offense, but has not yet served the disqualification.

*Editor’s Note: This interpretation was issued after the interpretations were published in the Federal Register in April 1997.