FISCAL
NOTE
WEST virginia Legislature
2017 regular session
By
[
to the Committee on the Judiciary
A BILL to amend and
reenact §17E-1-13 of the Code of West Virginia, 1931, as amended, relating to disqualification
of a commercial driver’s license for a conviction of driving a motor vehicle
under the influence of alcohol or a controlled substance; and providing that an
offense committed before January 1, 1990, or before the initial issuance of a
commercial instructional permit by any state may not be considered an offense in
determining a lifetime disqualification.
Be it enacted by the
Legislature of West Virginia:
That §17E-1-13 of the
Code of West Virginia, 1931, as amended, be amended and reenacted to read as
follows:
ARTICLE 1. COMMERCIAL
DRIVER'S LICENSE.
§17E-1-13.
Disqualification.
(a) A person may 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, 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 resulting from a separate incident includes
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 (4) and (6) 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, is
not eligible for reinstatement.
(3) Any disqualification
imposed by this section is 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 is 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 is 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 is 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 is 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 is
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 is 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 is 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 is disqualified from operating a commercial
motor vehicle for life.
(3) Refusing to submit to
any designated secondary chemical test 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 is 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 is 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 is
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 is 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 is 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 is 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 is 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 is 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 is 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 is 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 except 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 eight of this subsection;
(A) For the first
conviction while operating a commercial motor vehicle, a driver is 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 is 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 is 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 is 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 is 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 is 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 is 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 is 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
is 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 is 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 is 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 is disqualified from
operating a commercial motor vehicle for life and is not 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
is 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
is 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 is 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 is
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 is 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 is 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 is 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
is 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
is 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 is 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 is 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
is 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 is 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 is 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 is 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 is
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 is 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 is 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 is 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
is 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 is 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 except
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 is not 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 is 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 is 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 is 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 is disqualified from operating a commercial motor vehicle for a
period of one hundred twenty days.
(9) Driving a commercial
motor vehicle while engaged in texting and convicted pursuant to section
fourteen-a of this article or similar law of this or any other jurisdiction or
49 CFR §392.80;
(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
is 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 is 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 railroad crossing violations described in
subdivisions (1) through (6) of this subsection, is 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 is 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 is 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 is 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 is 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 is 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 is 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 is 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 is 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 is 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 is 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 is 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 is 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;
(A) For the first
conviction, a driver is 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 is 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 is 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 is 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 is 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 is 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 is disqualified for the following periods of time:
(1) If 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 is 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 is disqualified from
operating a commercial motor vehicle for two 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 is disqualified from operating a commercial motor vehicle for three
years.
(2) If 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 is 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 is 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 is 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),
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 may 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.
(k) In accordance with the
provisions of 49 C.F.R. 1572.11(a), the division shall immediately disqualify a
driver's privilege to operate a
commercial motor vehicle if the driver fails to surrender his or her driver's license with a hazardous material endorsement to the
division upon proper notice by the division to the driver that the division
received notice from the Department of Homeland Security Transportation
Security Administration of an initial determination of threat assessment and
immediate revocation that the driver does not meet the standards for security
threat assessment provided in 49 C.F.R. 1572.5. The disqualification remains in
effect until the driver either surrenders the driver's license to the division or provides the division
with an affidavit attesting to the fact that the driver has lost or is
otherwise unable to surrender the license.
(l) In accordance with 49
C.F.R §391.41, a driver is disqualified from operating a commercial motor
vehicle if the driver is not physically qualified to operate a commercial motor
vehicle or does not possess a valid medical certification status.
(m) In accordance with the
provisions of 49 C.F.R. §383.73(g), the division shall disqualify a driver's privilege to operate a commercial motor vehicle if
the division determines that the licensee has falsified any information or
certifications required under the provisions of 49 C.F.R. 383 Subpart J or 49
C.F.R. §383.71a for sixty days in addition to any other penalty prescribed by
this code.
(n) Notwithstanding any
other provision of law to the contrary, offenses identified in paragraphs (B)
and (E), subdivision (1), subsection (b) of this section, committed by an
individual in a noncommercial motor vehicle may not be considered an offense
for the purposes of disqualification if the offense occurred before: (1) January
1, 1990; or (2) the initial issuance to the individual of a commercial
instructional permit by any state.
NOTE: The purpose of this bill is
to provide that an offense and conviction of driving a motor vehicle under the
influence of alcohol or a controlled substance committed before January 1,
1990, or before the initial issuance of a commercial instructional permit by
any state may not be considered an offense for lifetime disqualification of a
commercial driver’s license.
Strike-throughs indicate language
that would be stricken from a heading or the present law, and underscoring
indicates new language that would be added.