H. B. 2575
(By Delegates Hrutkay, Stephens, Burdiss, Shook, Pethtel, Ellem,
Pino, Proudfoot, Schadler and Webster)
[Introduced January 26, 2007; referred to the
Committee on Roads and Transportation then the Judiciary.]
A BILL to amend and reenact §17E-1-3, §17E-1-6, §17E-1-7, §17E-1-8,
§17E-1-13, §17E-1-20 and §17E-1-25 of the Code of West
Virginia, 1931, as amended, all relating to commercial
driver's licences; updating the definition of hazardous
materials; reducing the penalty for driving a commercial motor
vehicle without a commercial driver's license in possession;
reducing the penalty for driving a commercial motor vehicle
without a commercial driver's license or proper endorsement;
updating provisions pertaining to commercial driver's licenses
to conform with federal law; suspending, revoking or canceling
the privilege of operating a motor vehicle for offenses in
another state; and providing a civil penalty for persons
convicted of violating an out-of-service order.
Be it enacted by the Legislature of West Virginia:
That §17E-1-3, §17E-1-6, §17E-1-7, §17E-1-8, §17E-1-13, §17E-
1-20 and §17E-1-25 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-3. Definitions.
Notwithstanding any other provision of this code, the
following definitions apply to this article:
(1) "Alcohol" means:
(A) Any substance containing any form of alcohol, including,
but not limited to, ethanol, methanol, propanol and isopropanol;
(B) Beer, ale, port or stout and other similar fermented
beverages (including sake or similar products) of any name or
description containing one half of one percent or more of alcohol
by volume, brewed or produced from malt, wholly or in part, or from
any substitute for malt;
(C) Distilled spirits or that substance known as ethyl
alcohol, ethanol or spirits of wine in any form (including all
dilutions and mixtures thereof from whatever source or by whatever
process produced); or
(D) Wine of not less than one half of one percent of alcohol
by volume.
(2) "Alcohol concentration" means:
(A) The number of grams of alcohol per one hundred milliliters
of blood;
(B) The number of grams of alcohol per two hundred ten liters
of breath; or
(C) The number of grams of alcohol per sixty-seven milliliters
of urine.
(D) The number of grams of alcohol per eighty-six milliliters
of serum.
(3) "At fault traffic accident" means for the purposes of
waiving the road test, a determination, by the official filing the
accident report, of fault as evidenced by an indication of
contributing circumstances in the accident report.
(4) "Commercial driver's license" means a license issued in
accordance with the requirements of this article to an individual
which authorizes the individual to drive a class of commercial
motor vehicle.
(5) "Commercial driver's license information system" is the
information system established pursuant to the Federal Commercial
Motor Vehicle Safety Act to serve as a clearinghouse for locating
information related to the licensing and identification of
commercial motor vehicle drivers.
(6) "Commercial driver instruction permit" means a permit
issued pursuant to subsection (d), section nine of this article.
(7) "Commercial motor vehicle" means a motor vehicle designed
or used to transport passengers or property:
(A) If the vehicle has a gross combination vehicle weight
rating of 26,001 pounds or more inclusive of a towed unit(s) with
a gross vehicle weight rating of more than 10,000 pounds;
(B) If the vehicle has a gross vehicle weight rating of more
than 26,001 pounds or more;
(C) If the vehicle is designed to transport sixteen or more
passengers, including the driver; or
(D) If the vehicle is of any size transporting hazardous
materials as defined in this section.
(8)"Commissioner" means the Commissioner of Motor Vehicles of
this state.
(9) "Controlled substance" means any substance classified
under the provisions of chapter sixty-a of this code (Uniform
Controlled Substances Act) and includes all substances listed on
Schedules I through V, inclusive, article two of said chapter
sixty-a, as they are revised. The term "controlled substance" also
has the meaning such term has under 21 U.S.C. §802.6 and includes
all substances listed on Schedules I through V of 21 C.F.R. §1308
as they may be amended by the United States Department of Justice.
(10) "Conviction" means an unvacated adjudication of guilt; a
determination that a person has violated or failed to comply with
the law in a court of original jurisdiction or by an authorized
administrative tribunal or proceeding; an unvacated forfeiture of
bail or collateral deposited to secure the persons appearance in
court; a plea of guilty or nolo contendere accepted by the court or
the payment of a fine or court cost, or violation of a condition of
release without bail regardless of whether or not the penalty is
rebated, suspended, or probated.
(11)"Division" means the Division of Motor Vehicles.
(12)"Disqualification" means any of the following three
actions:
(A) The suspension, revocation, or cancellation of a driver's
license by the state or jurisdiction of issuance.
(B) Any withdrawal of a person's privilege to drive a
commercial motor vehicle by a state or other jurisdiction as the
result of a violation of state or local law relating to motor
vehicle traffic control other than parking or vehicle weight except
as to violations committed by a special permittee on the coal
resource transportation system or vehicle defect violations.
(C) A determination by the Federal Motor Carrier Safety
Administration that a person is not qualified to operate a
commercial motor vehicle under 49 C.F.R. Part §391 (2004).
(13) "Drive" means to drive, operate or be in physical control
of a motor vehicle in any place open to the general public for
purposes of vehicular traffic. For the purposes of sections twelve,
thirteen and fourteen of this article, "drive" includes operation
or physical control of a motor vehicle anywhere in this state.
(14) "Driver" means any person who drives, operates or is in
physical control of a commercial motor vehicle, in any place open
to the general public for purposes of vehicular traffic, or who is
required to hold a commercial driver's license.
(15) "Driver's license" means a license issued by a state to
an individual which authorizes the individual to drive a motor
vehicle of a specific class.
(16) "Employee" means any operator of a commercial motor
vehicle, including full time, regularly employed drivers; casual,
intermittent, or occasional drivers; leased drivers and
independent, owner-operator contractors (while in the course of
operating a commercial motor vehicle) who are either directly employed by or under lease to drive a commercial motor vehicle for
an employer.
(17) "Employer" means any person, including the United States,
a state or a political subdivision of a state, who owns or leases
a commercial motor vehicle or assigns a person to drive a
commercial motor vehicle.
(18) "Endorsement" means an authorization to a person to
operate certain types of commercial motor vehicles.
(19) "Farm vehicle" includes a motor vehicle or combination
vehicle registered to the farm owner or entity operating the farm
and used exclusively in the transportation of agricultural or
horticultural products, livestock, poultry and dairy products from
the farm or orchard on which they are raised or produced to
markets, processing plants, packing houses, canneries, railway
shipping points and cold storage plants and in the transportation
of agricultural or horticultural supplies and machinery to the
farms or orchards to be used on the farms or orchards.
(20) "Farmer" includes an owner, tenant, lessee, occupant or
person in control of the premises used substantially for
agricultural or horticultural pursuits who is at least eighteen
years of age with two years' licensed driving experience.
(21) "Farmer vehicle driver" means the person employed and
designated by the "farmer" to drive a "farm vehicle" as long as
driving is not his or her sole or principal function on the farm
who is at least eighteen years of age with two years' licensed
driving experience.
(22) "Felony" means an offense under state or federal law that
is punishable by death or imprisonment for a term exceeding one
year.
(23) "Gross combination weight rating (GCWR)" means the value
specified by the manufacturer as the loaded weight of a combination
(articulated) vehicle. In the absence of a value specified by the
manufacturer, GCWR will be determined by adding the GVWR of the
power unit and the total weight of the towed unit and any load
thereon.
(24) "Gross vehicle weight rating (GVWR)" means the value
specified by the manufacturer as the loaded weight of a single
vehicle. In the absence of a value specified by the manufacturer
the GVWR will be determined by the total weight of the vehicle and
any load thereon.
(25) "Hazardous materials" means any material that has been
designated as hazardous under 49 U.S.C. §5103 and is required to be
placarded under subpart F of 49 C.F.R. Part §172 or any quantity of
a material listed
as a select agent or toxin in 42 C.F.R. Part §73.
(26) "Imminent Hazard" means existence of a condition that
presents a substantial likelihood that death, serious illness,
severe personal injury or a substantial endangerment to health,
property or the environment may occur before the reasonably
foreseeable completion date of a formal proceeding begun to lessen
the risk of that death, illness, injury or endangerment.
(27) "Motor vehicle" means every vehicle which is
self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires but not operated upon
rails.
(28) "Non-Commercial motor vehicle" means a motor vehicle or
combination of motor vehicles not defined by the term "commercial
motor vehicle".
(29) "Out-of-service order" means a temporary prohibition
against driving a commercial motor vehicle as a result of a
determination by a law-enforcement officer, an authorized
enforcement officer of a federal, state, Canadian, Mexican, county
or local jurisdiction including any special agent of the Federal
Motor Carrier Safety Administration pursuant to 49 C.F.R. §§386.72,
392.5, 395.13, 396.9 or compatible laws or the North American
uniform out-of-service criteria that an imminent hazard exists.
(30) "Violation of an out-of-service order" means:
(A) The operation of a commercial motor vehicle during the
period the driver was placed out-of-service; or
(B) The operation of a commercial motor vehicle by a driver
after the vehicle was placed out of service and before the required
repairs are made.
(31) "School bus" means a commercial motor vehicle used to
transport preprimary, primary, or secondary school students from
home-to-school, from school-to-home, or to and from school
sponsored events. School bus does not include a bus used as a
common carrier.
(32)"Serious traffic violation" means conviction for any of
the following offenses when operating a commercial motor vehicle: (A) Excessive speeding involving any single offense for any
speed of fifteen miles per hour or more above the posted limits;
(B) Reckless driving as defined in section three, article
five, chapter seventeen-c of this code, careless, or negligent
driving, including, but not limited to, the offenses of driving a
commercial motor vehicle in willful or wanton disregard for the
safety of persons or property;
(C) Erratic or improper traffic lane changes including, but
not limited to, passing a school bus when prohibited, improper lane
changes and other passing violations;
(D) Following the vehicle ahead too closely;
(E) Driving a commercial motor vehicle without obtaining a
commercial driver's license;
(F) Driving a commercial motor vehicle without a commercial
driver's license in the driver's possession. However, any person
who provides proof to the law-enforcement agency that issued the
citation, by the date the person must appear in court, or pay any
fine for such violation, that the person held a valid commercial
driver's license on the date the citation was issued, shall not be
guilty of this offense;
(G) Driving a commercial motor vehicle without the proper
class of commercial driver's license and/or, endorsements for the
specific vehicle group being operated or for the passengers or type
of cargo being transported; or
(H) A violation of state or local law relating to motor vehicle
traffic control, other than a parking violation, arising in connection with a fatal traffic accident.
(I) Vehicle defects are excluded as serious traffic violations,
except as to violations committed by a special permittee on the coal
resource transportation road system; or
(J) Any other serious violations determined by the United
States Secretary of Transportation.
(33) "State" means a state of the United States and the
District of Columbia.
(34) "State of Domicile" means the state where a person has his
or her true, fixed and permanent home and principle residence and to
which he or she has the intention of returning whenever absent in
accordance with chapter seventeen-a, article three, section one-a.
(35) "Suspension, revocation or cancellation" of a driver's
license, or a commercial driver's license means the privilege to
operate any type of motor vehicle on the roads and highways of this
state is withdrawn.
(36) "Tank vehicle" means any commercial motor vehicle that is
designed to transport any liquid or gaseous materials within a tank
that is either permanently or temporarily attached to the vehicle or
the chassis. These vehicles include, but are not limited to, cargo
tanks and portable tanks, as defined in 49 C. F. R. Part 171 (1998).
However, this definition does not include portable tanks having a
rated capacity under one thousand gallons.
"At fault traffic accident" means for the purposes of waiving
the road test, a determination, by the official filing of the
accident report, of fault as evidenced by an indication of contributing circumstances in the accident report.
(37) "Transportation Security Administration" means the United
States Department of Homeland Security Transportation Security
Administration.
(38) "United States" means the fifty states and the District of
Columbia.
(39) "Vehicle Group" means a class or type of vehicle with
certain operating characteristics.
§17E-1-6. Employer responsibilities.
(a) Each employer must require the applicant to provide the
information specified in section five of this article.
(b) No employer may knowingly allow, permit,
require or
authorize a driver to drive a commercial motor vehicle during any
period:
(1) In which the driver has a driver's license suspended,
revoked or canceled by a state; has lost the privilege to drive a
commercial motor vehicle in a state, or has been disqualified from
driving a commercial motor vehicle; or
(2) In which the driver has more than one driver's license at
one time.
(3) During any period in which the driver, or the commercial
motor vehicle he or she is driving or the motor carrier operation,
is subject to an out-of-service order; or
(4) In violation of federal, state or local law or regulation
pertaining to railroad highway grade crossings; or
(5) During any period the driver is in violation of any provision of 49 C.F.R., Part §382 related to controlled substances
and alcohol use and testing.
(c) The division shall impose a civil penalty, in addition to
any penalty required under the provisions of section twenty-five of
this article, on any employer who knowingly allows, permits,
requires or authorizes a driver to drive a commercial motor vehicle
in violation of subdivision (3) or (4) of subsection (b) of this
section.
(1) If the conviction is for a violation of subdivision (3) of
subsection (b) of this section, the penalty shall be two thousand,
seven hundred dollars.
(2) If the conviction is for a violation of subdivision (4) of
subsection (b) of this section, the penalty shall be no more than
ten thousand dollars.
§17E-1-7. Commercial driver's license required; disqualification
for driving without valid license.
(a) On or after the first day of April, one thousand nine
hundred ninety-two, except when driving under a commercial driver's
instruction permit accompanied by the holder of a commercial
driver's license valid for the vehicle being driven, no person may
drive a commercial motor vehicle unless the person holds a
commercial driver's license and applicable endorsements valid for
the vehicle they are driving.
(b) No person may drive a commercial motor vehicle while their
driving privilege is suspended, revoked, canceled, expired, subject
to a disqualification or in violation of an out-of-service order.
(c) Drivers of a commercial motor vehicle
must shall have a
commercial driver's license in their possession at all times while
driving.
(d) The Commissioner shall suspend for a period of ninety days
the driving privileges of any person who is convicted of operating
a commercial motor vehicle without; holding a valid commercial
driver's license and the applicable endorsements valid for the
vehicle he or she is driving or for any conviction for operating a
commercial motor vehicle while disqualified from operating a
commercial motor vehicle.
(d) The Commissioner shall suspend for a period of sixty days
the driving privileges of any person who is convicted of operating
a commercial motor vehicle:
(1)without holding a valid commercial driver's license and the
applicable endorsements valid for the vehicle he or she is driving
in accordance with subsection (a) of this section, or
(2) for any conviction for operating a commercial motor vehicle
while his or her privilege to operate a motor vehicle were
suspended, revoked, canceled or while disqualified from operating a
commercial motor vehicle in accordance with subsection (b) of this
section.
(e) Any person not holding a commercial driver's license who is
convicted of an offense that requires disqualification from
operating a commercial motor vehicle shall also be disqualified from
eligibility for a commercial driver's license for the same time
periods as prescribed in federal law or rule or section thirteen of this article for commercial driver's license holders.
§17E-1-8. Exemptions to the commercial driver's license
requirements.
(a) Bona fide farmers or farm vehicle drivers, as defined,
operating a vehicle otherwise covered by the commercial driver's
license requirements may be exempted from the provisions of this
article only if the vehicle used is:
(1) Driven by a farmer or farm vehicle driver;
(2) Used only to transport either agricultural products, farm
machinery, farm supplies, to or from a farm;
(3) Not used in the operation of a common or contract motor
carrier; and
(4) Used within one hundred fifty miles of the qualifying farm.
Farmers who wish to be exempted from the commercial driver's
license requirements must apply to the Division of Motor Vehicles
for a certificate of exemption.
(b) Military personnel, including the National Guard and
Reserve, are exempt from the provisions of this article, only:
(1) When in uniform; and
(2) Operating equipment owned by the United States Department
of Defense, except during declared emergencies or disaster
situations; and
(3) On duty; and
(4) In possession of a valid classified military driver's
license for the class of vehicle being driven.
(b) Active duty military personnel operating vehicles being used for military purposes are exempted from the provisions of this
article in accordance with the provisions of 49 CFR §383.3
(c)(2006).
(c) Fire fighting and rescue equipment. Operators of vehicles
authorized to hold an "authorized emergency vehicle permit" for use
of red signal lights only are exempt from the provisions of this
article while the "authorized emergency vehicle permit" is in force.
Vehicles in this class include, but are not limited to, firefighters
and rescue equipment:
(1) Owned and operated by state, county and municipal fire
departments;
(2) Owned and operated by state, county and municipal civil
defense organizations;
(3) Owned and operated by a manufacturer engaged in a type of
business that requires firefighter equipment to protect the safety
of their plants and its employees; or
(4) Owned and operated by volunteer fire departments.
(d) Operators of off-road construction and mining equipment.
Operators of equipment which, by its design, appearance and
function, is not intended for use on a public road, including,
without limitation, motorscrapers, backhoes, motorgraders,
compactors, excavators, tractors, trenches and bulldozers, are
exempt from the provisions of this article:
Provided, That the
exemption recognized by this subsection shall not be construed to
permit the operation of such equipment on any public road except
such operation as may be required for a crossing of such road:
Provided, however, That no such equipment may be operated on a
public road for a distance exceeding five hundred feet from the
place where such equipment entered upon the public road.
(e) The Federal Motor Carrier Safety Improvement Act of 1999
exempts vehicles used exclusively for personal use such as
recreation vehicles and rental trucks used only to transport the
driver's personal or household property.
§17E-1-13. Disqualification.
(a) A person shall not operate a commercial motor vehicle if
his or her privilege to operate a commercial motor vehicle is
disqualified under the provisions of the Federal Motor Carrier
Safety Improvement Act of 1999 (public law 106-159 §1748), 49 C.F.R.
Part §383, Subpart D (2004) or in accordance with the provisions of
this section.
(1) For the purposes of determining first and subsequent
violations of the offenses listed in this section, each conviction
for any offense listed in this section resulting from a separate
incident shall include convictions for offenses committed in a
commercial motor vehicle or a noncommercial motor vehicle.
(2) Any person disqualified from operating a commercial motor
vehicle for life under the provisions of this chapter for offenses
described in subsection (b), subdivisions (1) through (8) of this
section is eligible for reinstatement of privileges to operate a
commercial motor vehicle after ten years and after completion of the
safety and treatment program or other appropriate program prescribed
by the Division. Any person whose lifetime disqualification has been amended under the provisions of this subdivision and who is
subsequently convicted of a disqualifying offense described in
subsection (b), subdivisions (1) through (8) of this section shall
not be eligible for reinstatement.
(3) Any disqualification imposed by this section shall be in
addition to any action to suspend, revoke or cancel the driver's
license or driving privileges if suspension, revocation or
cancellation is required under another provision of this code.
(4) The provisions of this section apply to any person
operating a commercial motor vehicle and to any person holding a
commercial driver's license.
(b) Any person is disqualified from driving a commercial motor
vehicle for the following offenses and time periods if convicted of:
(1) Driving a motor vehicle under the influence of alcohol or
a controlled substance;
(A) For a first conviction or for refusal to submit to any
designated secondary chemical test while operating a commercial
motor vehicle, a driver shall be disqualified from operating a
commercial motor vehicle for a period of one year.
(B) For a first conviction or for refusal to submit to any
designated secondary chemical test while operating a noncommercial
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for a period
of one year.
(C) For a first conviction or for refusal to submit to any
designated secondary chemical test while operating a commercial motor vehicle transporting hazardous materials required to be
placarded under 49 C.F.R. Part §172, Subpart F, a driver shall be
disqualified from operating a commercial motor vehicle for a period
of three years.
(D) For a second conviction or for refusal to submit to any
designated secondary chemical test in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(E) For a second conviction or refusal to submit to any
designated secondary chemical test in a separate incident of any
combination of offenses in this subsection while operating a
noncommercial motor vehicle, a commercial motor vehicle license
holder shall be disqualified from operating a commercial motor
vehicle for life.
(2) Driving a commercial motor vehicle while the person's
alcohol concentration of the person's blood, breath or urine is four
hundredths of one percent or more, by weight;
(A) For a first conviction or for refusal to submit to any
designated secondary chemical test while operating a commercial
motor vehicle, a driver shall be disqualified from operating a
commercial motor vehicle for one year.
(B) For a first conviction or for refusal to submit to any
designated secondary chemical test while operating a commercial
motor vehicle transporting hazardous materials required to be
placarded under 49 C.F.R. Part §172, Subpart F, a driver shall be disqualified from operating a commercial motor vehicle for three
years.
(C) For a second conviction or refusal to submit to any
designated secondary chemical test in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(3) Refusing to submit to any designated secondary chemical
required by the provisions of this code or the provisions of 49
C.F.R. §383.72 (2004);
(A) For the first conviction or refusal to submit to any
designated secondary chemical test while operating a commercial
motor vehicle, a driver shall be disqualified from operating a
commercial motor vehicle for one year.
(B) For the first conviction or refusal to submit to any
designated secondary chemical test while operating a noncommercial
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for one year.
(C) For the first conviction or for refusal to submit to any
designated secondary chemical test while operating a commercial
motor vehicle transporting hazardous materials required to be
placarded under 49 C.F.R. Part §172, Subpart F (2004), a driver
shall be disqualified from operating a commercial motor vehicle for
a period of three years.
(D) For a second conviction or refusal to submit to any
designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(E) For a second conviction or refusal to submit to any
designated secondary chemical test in a separate incident of any
combination of offenses in this subsection while operating a
noncommercial motor vehicle, a commercial driver's license holder
shall be disqualified from operating a commercial motor vehicle for
life.
(4) Leaving the scene of an accident;
(A) For the first conviction while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for one year.
(B) For the first conviction while operating a noncommercial
motor vehicle, a commercial driver's license holder shall be
disqualified for one year.
(C) For the first conviction while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F (2004), a driver shall be
disqualified from operating a commercial motor vehicle for a period
of three years.
(D) For a second conviction in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(E) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a
noncommercial motor vehicle, a commercial driver's license holder
shall be disqualified from operating a commercial motor vehicle for
life.
(5) Using a motor vehicle in the Commission of any felony as
defined in section three, article one of this chapter:
Provided,
That the Commission of any felony involving the manufacture,
distribution or dispensing of a controlled substance, or possession
with intent to manufacture, distribute or dispense a controlled
substance falls under the provisions of subdivision(8)of this
subsection;
(A) For the first conviction while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for one year.
(B) For the first conviction while operating a noncommercial
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for one year.
(C) For the first conviction while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F,(2004), a driver shall be
disqualified from operating a commercial motor vehicle for a period
of three years.
(D) For a second conviction in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(E) For a second conviction in a separate incident of any
combination of offenses in this subsection while operating a
noncommercial motor vehicle, a commercial motor vehicle license
holder shall be disqualified from operating a commercial motor
vehicle for life.
(6) Operating a commercial motor vehicle when, as a result of
prior violations committed operating a commercial motor vehicle, the
driver's privilege to operate a motor vehicle has been suspended,
revoked or canceled, or the driver's privilege to operate a
commercial motor vehicle has been disqualified.
(A) For the first conviction while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for one year.
(B) For the first conviction while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F,(2004), a driver shall be
disqualified from operating a commercial motor vehicle for a period
of three years.
(C) For a second conviction in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(7) Causing a fatality through the negligent operation of a
commercial motor vehicle, including, but not limited to, the crimes
of motor vehicle manslaughter, homicide and negligent homicide as
defined in section five, article three, chapter seventeen-b, and section one, article five, chapter seventeen-c of this code;
(A) For the first conviction while operating a commercial motor
vehicle, a driver shall be disqualified from operating a commercial
motor vehicle for one year.
(B) For the first conviction while operating a commercial motor
vehicle transporting hazardous materials required to be placarded
under 49 C.F.R. Part §172, Subpart F,(2004), a driver shall be
disqualified from operating a commercial motor vehicle for a period
of three years.
(C) For a second conviction in a separate incident of any
combination of offenses in this subsection while operating a
commercial motor vehicle, a driver shall be disqualified from
operating a commercial motor vehicle for life.
(8) Using a motor vehicle in the commission of any felony
involving the manufacture, distribution or dispensing of a
controlled substance, or possession with intent to manufacture,
distribute or dispense a controlled substance, a driver shall be
disqualified from operating a commercial motor vehicle for life and
shall not be eligible for reinstatement.
(c) Any person is disqualified from driving a commercial motor
vehicle if convicted of;
(1) Speeding excessively involving any speed of fifteen miles
per hour or more above the posted speed limit;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a driver shall be disqualified from operating a commercial motor vehicle for a period
of sixty days.
(B) For a second conviction of any combination of offenses in
this section in a separate incident within a three-year period while
operating a noncommercial motor vehicle, if the conviction results
in the suspension, revocation or cancellation of the commercial
driver's license holder's privilege to operate any motor vehicle,
a commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a
driver shall be disqualified from operating a commercial motor
vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of
offenses in this subsection in a separate incident within a
three-year period while operating a noncommercial motor vehicle, if
the conviction results in the suspension, revocation or cancellation
of the commercial driver's license holder's privilege to operate any
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for a period
of one hundred twenty days.
(2) Reckless driving as defined in section three, article five,
chapter seventeen-c of this code, careless, or negligent driving
including, but not limited to, the offenses of driving a motor
vehicle in willful or wanton disregard for the safety of persons or property;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for a period
of sixty days.
(B) For a second conviction of any combination of offenses in
this section in a separate incident within a three-year period while
operating a noncommercial motor vehicle, if the conviction results
in the suspension, revocation, or cancellation of the commercial
driver's license holder's privilege to operate any motor vehicle, a
commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a
driver shall be disqualified from operating a commercial motor
vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of
offenses in this subsection in a separate incident within a
three-year period while operating a noncommercial motor vehicle, if
the conviction results in the suspension, revocation or cancellation
of the commercial driver's license holder's privilege to operate any
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for a period
of one hundred twenty days.
(3) Making improper or erratic traffic lane changes;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for a period
of sixty days.
(B) For a second conviction of any combination of offenses in
this section in a separate incident within a three-year period while
operating a noncommercial motor vehicle, if the conviction results
in the suspension, revocation, or cancellation of the commercial
driver's license holder's privilege to operate any motor vehicle, a
commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a
driver shall be disqualified from operating a commercial motor
vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of
offenses in this subsection in a separate incident within a
three-year period while operating a noncommercial motor vehicle, if
the conviction results in the suspension, revocation or cancellation
of the commercial driver's license holder's privilege to operate any
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for a period
of one hundred twenty days.
(4) Following the vehicle ahead too closely;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for a period
of sixty days.
(B) For a second conviction of any combination of offenses in
this section in a separate incident within a three-year period while
operating a noncommercial motor vehicle, if the conviction results
in the suspension, revocation, or cancellation of the commercial
driver's license holder's privilege to operate any motor vehicle,
a commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination
of the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a
driver shall be disqualified from operating a commercial motor
vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of
offenses in this subsection in a separate incident within a
three-year period while operating a noncommercial motor vehicle, if
the conviction results in the suspension, revocation or cancellation
of the commercial driver's license holder's privilege to operate any
motor vehicle, a commercial driver's license holder shall be
disqualified from operating a commercial motor vehicle for a period
of one hundred twenty days.
(5) Violating any law relating to traffic control arising in
connection with a fatal accident, other than a parking violation;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for a period
of sixty days.
(B) For a second conviction of any combination of offenses in
this section in a separate incident within a three-year period while
operating a noncommercial motor vehicle, if the conviction results
in the suspension, revocation, or cancellation of the commercial
driver's license holder's privilege to operate any motor vehicle,
a commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of sixty days.
(C) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a
driver shall be disqualified from operating a commercial motor
vehicle for a period of one hundred twenty days.
(D) For a third or subsequent conviction of any combination of
offenses in this subsection in a separate incident within a
three-year period while operating a noncommercial motor vehicle, if
the conviction results in the suspension, revocation or cancellation
of the commercial driver's license holder's privilege to operate any
motor vehicle, a commercial motor vehicle license holder shall be
disqualified from operating a commercial motor vehicle for a period of one hundred twenty days.
(6) Driving a commercial motor vehicle without obtaining a
commercial driver's license;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for a period
of sixty days.
(B) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a three-
year period while operating a commercial motor vehicle, a driver
shall be disqualified from operating a commercial motor vehicle for
a period of one hundred twenty days.
(7) Driving a commercial motor vehicle without a commercial
driver's license in the driver's possession, provided that any
person who provides proof of possession of a commercial driver's
license to the enforcement agency that issued the citation, by the
court appearance or fine payment deadline shall not be guilty of
this offense;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a commercial driver's
license holder shall be disqualified from operating a commercial
motor vehicle for a period of sixty days.
(B) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a
commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of one hundred
twenty days.
(8) Driving a commercial motor vehicle without the proper class
of commercial driver's license or the proper endorsements for the
specific vehicle group being operated, or for the passengers or type
of cargo being transported;
(A) For a second conviction of any combination of offenses in
this subsection in a separate incident within a three-year period
while operating a commercial motor vehicle, a commercial driver's
license holder shall be disqualified from operating a commercial
motor vehicle for a period of sixty days.
(B) For a third or subsequent conviction of any combination of
the offenses in this subsection in a separate incident in a
three-year period while operating a commercial motor vehicle, a
commercial driver's license holder shall be disqualified from
operating a commercial motor vehicle for a period of one hundred
twenty days.
(d) Any person convicted of operating a commercial motor
vehicle in violation of any federal, state or local law or ordinance
pertaining to any of the railroad crossing violations described in
subdivisions (1) through (6) of this subsection shall be
disqualified from operating a commercial motor vehicle for the
period of time specified;
(1) Failing to slow down and check that the tracks are clear of an approaching train, if not required to stop in accordance with the
provisions of section three, article twelve, chapter seventeen-c of
this code;
(A) For the first conviction, a driver shall be disqualified
from operating a commercial motor vehicle for a period of sixty
days;
(B) For a second conviction of any combination of offenses in
this subsection within a three-year period, a driver shall be
disqualified from operating a commercial motor vehicle for one
hundred twenty days; and
(C) For a third or subsequent conviction of any combination of
offenses in this subsection within a three-year period, a driver
shall be disqualified from operating a commercial motor vehicle for
one year.
(2) Failing to stop before reaching the crossing, if the tracks
are not clear, if not required to stop, in accordance with the
provisions of section one, article twelve, chapter seventeen-c of
this code;
(A) For the first conviction, a driver shall be disqualified
from operating a commercial motor vehicle for a period of sixty
days;
(B) For a second conviction of any combination of offenses in
this subsection within a three-year period, a driver shall be
disqualified from operating a commercial motor vehicle for one
hundred twenty days; and
(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver
shall be disqualified from operating a commercial motor vehicle for
one year.
(3) Failing to stop before driving onto the crossing, if
required to stop in accordance with the provisions of section three,
article twelve, chapter seventeen-c of this code;
(A) For the first conviction, a driver shall be disqualified
from operating a commercial motor vehicle for a period of sixty
days;
(B) For a second conviction of any combination of offenses in
this subsection within a three-year period , the driver shall be
disqualified from operating a commercial motor vehicle for one
hundred twenty days; and
(C) For a third or subsequent conviction of any combination of
offenses in this subsection within a three-year period, a driver
shall be disqualified from operating a commercial motor vehicle for
one year.
(4) Failing to have sufficient space to drive completely
through the crossing without stopping in accordance with the
provisions of section three, article twelve, chapter seventeen-c of
this code;
(A) For the first conviction, a driver shall be disqualified
from operating a commercial motor vehicle for a period of sixty
days;
(B) For a second conviction of any combination of offenses in
this subsection within a three-year period, a driver shall be disqualified from operating a commercial motor vehicle for one
hundred twenty days; and
(C) For a third or subsequent conviction of any combination of
offenses in this subsection within a three-year period, a driver
shall be disqualified from operating a commercial motor vehicle for
one year.
(5) Failing to obey a traffic control device or the directions
of an enforcement official at the crossing in accordance with the
provisions of section one, article twelve, chapter seventeen-c of
this code; or
(A) For the first conviction, a driver shall be disqualified
from operating a commercial motor vehicle for a period of sixty
days;
(B) For a second conviction of any combination of offenses in
this subsection within a three-year period, a driver shall be
disqualified from operating a commercial motor vehicle for one
hundred twenty days; and
(C) For a third or subsequent conviction of any combination of
offenses in this subsection within a three-year period, a driver
shall be disqualified from operating a commercial motor vehicle for
one year.
(6) Failing to negotiate a crossing because of insufficient
undercarriage clearance in accordance with the provisions of section
three, article twelve, chapter seventeen-c of this code.
(A) For the first conviction, a driver shall be disqualified
from operating a commercial motor vehicle for a period of sixty days;
(B) For a second conviction of any combination of offenses in
this subsection within a three-year period, a driver shall be
disqualified from operating a commercial motor vehicle for one
hundred twenty days; and
(C) For a third or subsequent conviction of any combination of
offenses in this subsection within a three-year period, a driver
shall be disqualified from operating a commercial motor vehicle for
one year.
(e) Any person who is convicted of violating an out-of-service
order while operating a commercial motor vehicle shall be
disqualified for the following periods of time if:
(1) Convicted of violating a driver or vehicle out-of-service
order while transporting nonhazardous materials;
(A) For the first conviction of violating an out-of-service
order while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for ninety
days.
(B) For a second conviction in a separate incident within a
ten-year period for violating an out of service order while
operating a commercial motor vehicle, a driver shall be disqualified
from operating a commercial motor vehicle for one year.
(C) For a third or subsequent conviction in a separate incident
within a ten-year period for violating an out-of-service order while
operating a commercial motor vehicle, a driver shall be disqualified
from operating a commercial motor vehicle for three years.
(2) Convicted of violating a driver or vehicle out-of-service
order while transporting hazardous materials required to be
placarded under 49 C.F.R. Part §172, Subpart F (2004), or while
operating a vehicle designed to transport sixteen or more passengers
including the driver;
(A) For the first conviction of violating an out of service
order while operating a commercial motor vehicle, a driver shall be
disqualified from operating a commercial motor vehicle for one-
hundred eighty days.
(B) For a second conviction in a separate incident within a
ten-year period for violating an out-of-service order while
operating a commercial motor vehicle, a driver shall be disqualified
from operating a commercial motor vehicle for three years.
(C) For a third or subsequent conviction in a separate incident
within a ten-year period for violating an out-of-service order while
operating a commercial motor vehicle, a driver shall be disqualified
from operating a commercial motor vehicle for three years.
(f) After disqualifying, suspending, revoking or canceling a
commercial driver's license, the division shall update its records
to reflect that action within ten days.
(g) In accordance with the provisions of 49 U.S.C.
§313119(a)(19)(2004), and 49 C.F.R §384.226 (2004), and
notwithstanding the provisions of section twenty-five, article
eleven, chapter sixty-one of this code, no record of conviction,
revocation, suspension or disqualification related to any type of
motor vehicle traffic control offense, other than a parking violation, of a commercial driver's license holder or a person
operating a commercial motor vehicle may be masked, expunged,
deferred, or be subject to any diversion program.
(h) Notwithstanding any provision in this code to the contrary,
the Division shall not issue any temporary driving permit, work-only
driving permit or hardship license or permit that authorizes a
person to operate a commercial motor vehicle when his or her
privilege to operate any motor vehicle has been revoked, suspended,
disqualified or otherwise canceled for any reason.
(i) In accordance with the provisions of 49 C.F.R. §391.15(b),
a driver is disqualified from operating a commercial motor vehicle
for the duration of any suspension, revocation or cancellation of
his or her driver's license or privilege to operate a motor vehicle
by this state or by any other state or jurisdiction until the driver
complies with the terms and conditions for reinstatement set by this
state or by another state or jurisdiction.
(j) In accordance with the provisions of 49 C. F. R. 353.52
(2006), the division shall immediately disqualify a driver's
privilege to operate a commercial motor vehicle upon a notice from
the Assistant Administrator of the Federal Motor Carrier Safety
Administration that the driver poses an imminent hazard. Any
disqualification period imposed under the provisions of this
subsection shall be served concurrently with any other period of
disqualification if applicable.
§ 17E-1-20. Reciprocity.
(a) Notwithstanding any law to the contrary, a person may drive a commercial motor vehicle if the person has a commercial driver's
license by any state in accordance with the minimum federal
standards for the issuance of commercial motor vehicle driver
licenses; if the license is not suspended, revoked or canceled; and
if the person is not disqualified from driving a commercial motor
vehicle, or subject to an "out-of-service" order.
(b) The Commissioner is authorized to suspend, revoke or cancel
the privilege to operate a motor vehicle or disqualify the privilege
to operate a commercial motor vehicle of any resident of this State
or of a nonresident upon receiving notice of the conviction of such
person in another state of an offense therein which, if committed in
this State, would be grounds for the suspension, revocation or
cancellation of the privilege to operate a motor vehicle or the
disqualification of the privilege to operate a commercial motor
vehicle.
§ 17E-1-25. Penalties.
(a) It is a misdemeanor for any person to violate any of the
provisions of this chapter unless such violation is by this chapter
or other law of this state, declared to be a felony.
(b) Unless another penalty is provided in this chapter or by
the laws of this state, every person convicted of a misdemeanor for
the violation of any provisions of this chapter shall be fined not
less than one hundred dollars nor more than one thousand dollars, or
imprisoned for not more than six months in the county jail, or both
fined and imprisoned, except that for the second violation of
section seven of this article and, upon conviction thereof, the offender shall be fined not less than five hundred dollars nor more
than two thousand dollars or imprisoned for not less than six months
nor more than nine months in the county jail, or both fined and
imprisoned. For the third or any subsequent conviction for violation
of section seven of this article, upon conviction thereof, the
offender shall be fined not less than one thousand dollars nor more
than two thousand five hundred dollars, or imprisoned for not less
than nine months nor more than one year in the county jail, or both
fined and imprisoned.
(d) The division shall impose a civil penalty, in addition to
any penalty required under the provisions of this section on any
driver who is convicted of violating subsection (e) section thirteen
of this article. The penalty shall be one thousand one hundred
dollars.
NOTE: The purpose of this bill is to update provisions
pertaining to the issuance and disqualification of commercial
driver's licenses to conform with Federal law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.