Senate Bill No. 396
(By Senators Unger, Kessler and Chafin)
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[Introduced January 29, 2010; referred to the Committee on
Transportation and Infrastructure; and then to the Committee on
the Judiciary.]
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A BILL to amend and reenact §17B-2-1a, §17B-2-4 and §17B-2-5a of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §17E-1-3, §17E-1-4, §17E-1-6, §17E-1-12, §17E-1-13 and
§17E-1-25 of said code, all relating to the issuance of
driver's licenses; background checks for employees involved in
the issuance of driver's licenses; and updating the criteria
for issuance, renewal, disqualification, surrender and
maintenance of a commercial driver's license in conformance
with federal law.
Be it enacted by the Legislature of West Virginia:
That §17B-2-1a, §17B-2-4 and §17B-2-5a of the Code of West
Virginia, 1931, as amended, be amended and reenacted; and that
§17E-1-3, §17E-1-4, §17E-1-6, §17E-1-12, §17E-1-13 and §17E-1-25 of
said code be amended and reenacted, all to read as follows:
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
ARTICLE 2. ISSUANCE OF LICENSE, EXPIRATION AND RENEWAL.
§17B-2-1a. Surrender of license from other state or jurisdiction
prior to receipt of license from this state;
examination; fees required.
(a) The Division of Motor Vehicles
shall may not issue a
driver's license to a person who holds a valid license to operate
a motor vehicle issued by another state or jurisdiction
subject to
a reciprocal agreement governing the licensing of drivers operating
commercial motor vehicles or party to a reciprocal driver's license
exchange agreement with this state unless or until the applicant
shall surrender surrenders to the division the foreign license, or
the person has signed and submitted to the division an affidavit to
the effect that the person has surrendered all valid licenses
issued to him or her by other states or jurisdictions. Any
surrendered license issued by any other state or jurisdiction shall
be destroyed or at the discretion of the division retained by the
division and the division shall notify the original state of
licensure that the person who surrendered the license has been
licensed in this state. It
shall be is unlawful for a person to
possess more than one valid driver's license at any time.
(b) Every driver shall, within thirty days after taking up
residence in this state, apply to the division for a driver's
license as prescribed in this article. For the purposes of this
chapter the presumption that a natural person is a resident of this state is based on the provisions of section one-a, article three,
chapter seventeen-a of this code. The division may assign the
driver's license class, type, endorsements or restrictions based on
the applicant's prior licensing status, age and the type of
licensing system used by the state of prior licensing.
(c) All other applicable provisions of this article relating
to issuance, fees, expiration and renewal of licenses, and driver
examination of applicants
shall also apply to this section.
§17B-2-4. Persons prohibited from driving school buses or
transporting persons or property for compensation.
No person
who is under the age of eighteen years and no person
who has been convicted of an offense described in section two,
article five, chapter seventeen-c of this code, and which
conviction has become final shall may drive any school bus
transporting school children or any motor vehicle when in use for
the transportation of persons or property for compensation nor in
either event until
such the person has been licensed as a Class A,
B, C or D driver for either
such purpose and the license so
indicates
and until he or she is in compliance with the provisions
of chapter seventeen-e of this code and rules promulgated by the
State Board of Education, if applicable.
§17B-2-5a. Training, certification and monitoring of license
examiners.
(a) The commissioner shall train, certify and monitor those employees of the Division of Motor Vehicles designated by the
commissioner as license examiners regarding the administration of
licensing application and testing procedures for the purpose of
ensuring compliance with statutory and regulatory requirements.
(b) In order to determine an applicant's suitability for
employment, the commissioner shall require every applicant
for a
license examiner position or employee who is or may be in a
position involved in the examination, processing or issuance of a
driver's license or identification card, or who would have access
to affect any document or record related to an applicant or holder
of a driver's license or identification to furnish a full set of
fingerprints to facilitate a criminal background check of the
applicant. The commissioner shall submit the fingerprints to the
state Criminal Identification Bureau along with the applicant's
identifying information. Prior to hiring a prospective applicant
the commissioner shall request that the State Police submit the
fingerprints and identifying information to the Federal Bureau of
Investigation for a national criminal history record check and that
the commissioner may not hire the prospective applicant until the
results of the national background check are available for
evaluation.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
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, propenyl 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 twenty-six thousand one pounds or more inclusive of a
towed unit(s) with a gross vehicle weight rating of more than ten
thousand pounds;
(B) If the vehicle has a gross vehicle weight rating of more
than twenty-six thousand one 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) "Issuance of a license" means the completion of a
transaction signifying that the applicant has met all the
requirements incumbent in qualifying for including, but not limited
to: the initial issuance of a driver's license, the renewal of a
driver's license, the issuance of a duplicate license as a
replacement to a lost or stolen driver's license, the transfer of
any level of driving privileges including the privilege of
operating a commercial motor vehicle from another state or
jurisdiction, the changing of driver's license class, restrictions
or endorsements or the change of any other information pertaining
to an applicant either appearing on the face of a driver's license
or within the driver record of the licensee maintained by the
division.
(27) (28) "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) (29) "Noncommercial motor vehicle" means a motor vehicle
or combination of motor vehicles not defined by the term
"commercial motor vehicle".
(29) (30) "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) (31) "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) (32) "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) (33) "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) (34) "State" means a state of the United States and the
District of Columbia or a province or territory of Canada or a
state of the United Mexican States.
(34) (35) "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) (36) "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) (37) "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.
(37) (38) "Transportation Security Administration" means the
United States Department of Homeland Security Transportation
Security Administration.
(38) (39) "United States" means the fifty states and the
District of Columbia.
(39) (40) "Vehicle Group" means a class or type of vehicle with certain operating characteristics.
§17E-1-4. Limitation on number of driver's licenses.
No person who drives a commercial motor vehicle may have more
than one driver's license at one time. The division shall require
the surrender of any previously issued driver's license before
issuing a renewed or duplicate driver's license with updated
information.
§17E-1-6. Employer responsibilities.
(a) Each employer must shall 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 in which the driver:
(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;
(4) Is 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 three or four of subsection (b) of this
section.
(1) If the conviction is for a violation of subdivision three
of subsection (b) of this section, the penalty shall be is $2,750.
(2) If the conviction is for a violation of subdivision four
of subsection (b) of this section, the penalty shall be no more
than ten thousand dollars $25,000.
§17E-1-12. Classifications, endorsements and restrictions.
(a) Commercial driver's licenses may be issued with the
following classifications:
(1) Class A combination vehicle. -- Any combination of
vehicles with a gross combined vehicle weight rating of twenty-six
thousand one pounds or more, provided the gross vehicle weight
rating of the vehicle being towed is in excess of ten thousand
pounds.
(2) Class B heavy straight vehicle. -- Any single vehicle with
a gross vehicle weight rating of twenty-six thousand one pounds or
more and any vehicle towing a vehicle not in excess of ten thousand
pounds.
(3) Class C small vehicle. -- Any single vehicle or
combination vehicle that does not fall under either Class A or
Class B but are:
(A) Vehicles designed to transport sixteen or more passengers,
including the driver; and
(B) Vehicles used in the transportation of hazardous materials
which requires the vehicle to be placarded under 49 C.F.R. Part
§172, Subpart F (2004).
(4) Each applicant who desires to operate a vehicle in a
classification different from the class in which the applicant is
authorized shall be is required to retake and pass all related
tests except the following:
(A) A driver who has passed the knowledge and skills test for
a combination vehicle in Class A may operate a heavy straight
vehicle in Class B or a small vehicle in Class C provided he or she
possesses the required endorsements; and
(B) A driver who has passed the knowledge and skills test for
a vehicle in Class B may operate any small vehicle in Class C
provided he or she possesses the required endorsements.
(b) Endorsements and restrictions. -- The Commissioner upon
issuing a commercial driver's license may impose endorsements and
or restrictions determined by the Commissioner to be appropriate to
assure the safe operation of a specific class, type or category of
motor vehicle or a specifically equipped motor vehicle and to
comply with 49 U.S.C., et seq., and 49 C.F.R. §383.93 (2004) including, but not limited to endorsements or restrictions to
operate:
(1) Double/triple Double or triple trailers which shall
require requires successful completion of a knowledge test;
(2) Passenger vehicles which shall require requires successful
completion of a knowledge and skills test;
(3) Tank vehicles which shall require requires successful
completion of a knowledge test;
(4) Vehicles used for the transportation of hazardous
materials as defined in section three of this article which shall
require requires the completion of a knowledge test and a
background security risk check in accordance with 49 C.F.R. §1572.5
(2004); or
(5) School buses which shall require requires successful
completion of a knowledge and skills test unless the applicant
meets the criteria for waiver of the skills test in accordance with
49 C.F.R. §383.123(b) (2004); or
(6) Vehicles equipped with air brakes which requires the
completion of a skills test.
(c) Applicant record check. -- Before issuing a commercial
driver's license, the Commissioner shall obtain driving record
information through the commercial driver's license information
system, the national driver register and from each state in which
the person has been licensed.
(d) Notification of license issuance. -- Within ten days after issuing a commercial driver's license, the Commissioner shall
notify the commercial driver's license information system of that
fact, providing all information required to ensure identification
of the person.
(e) Expiration of license. --
(1) Every commercial driver's license issued to persons who
have attained their twenty-first birthday expires on the
applicant's birthday in those years in which the applicant's age is
evenly divisible by five. Except as provided in subdivision two of
this subsection, no commercial driver's license may be issued for
less than three years nor more than seven years and the commercial
driver's license shall be renewed by the applicant's birthday and
is valid for a period of five years, expiring on the applicant's
birthday and in a year in which the applicant's age is evenly
divisible by five. No commercial driver's license with a hazardous
materials endorsement may be issued for more than five years.
(2) Every commercial driver's license issued to persons who
have not attained their twenty-first birthday expires thirty days
after the applicant's birthday in the year in which the applicant
attains the age of twenty-one years.
(3) Commercial driver's licenses held by any person in the
Armed Forces which expire while that person is on active duty
remains valid for thirty days from the date on which that person
reestablishes residence in West Virginia.
(4) Any person applying to renew a commercial driver's license which has been expired for six months or more shall follow the
procedures for an initial issuance of a commercial driver's
license, including the testing provisions.
(f) When applying for renewal of a commercial driver's
license, the applicant shall complete the application form and
provide updated information and required certifications.
(g) If the applicant wishes to obtain or retain a hazardous
materials endorsement, the applicant shall comply with a background
check in accordance with 49 U.S.C. §5103a and 49 C.F.R. Part §1572
(2004) and subject to the following:
(1) The applicant is a citizen of the United States or a
lawful permanent resident of the United States;
(2) The applicant completes the application prescribed by the
division and submits fingerprints in a form and manner prescribed
by the division and the United States Department of Homeland
Security-Transportation Security Administration at the time of
application or at any other time in accordance with 49 C.F.R.
§1572.5 (2004);
(3) The applicant pays all fees prescribed by the
Transportation Security Administration or its agent and the
division;
(4) The applicant has not been adjudicated as a mental
defective or committed to a mental institution as prescribed in 49
C.F.R. §1572.109 (2004);
(5) The applicant has not committed a disqualifying criminal offense as described in 49 C.F.R. §1572.103 (2004);
(6) The applicant has passed the Transportation Security
Administration security threat assessment and the Division has
received a final notification of threat assessment or notification
of no security threat from the Transportation Security
Administration: Provided, That any appeal of any decision,
determination or ruling of the Federal Bureau of Investigation or
the Transportation Security Agency shall be directed to that
agency; and
(7) The applicant has successfully passed the written test for
the issuance or renewal of a hazardous material endorsement.
§17E-1-13. Disqualification.
(a) A person shall 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 (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 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 one through eight,
subsection (b) 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) subdivisions five and seven, subsection (b) of this
section shall not be is not eligible for reinstatement.
(3) Any disqualification imposed by this section shall be 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 shall be 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 shall be 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 shall be
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 shall be 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 shall be 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 shall be 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 shall be
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 shall be 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 shall be 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 shall be
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
shall be 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 shall be 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
shall be 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 shall be 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 shall be 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
shall be 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 shall be 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
shall be 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: 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 eight of this
subsection;
(A) For the first conviction while operating a commercial
motor vehicle, a driver shall be 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 shall be 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
shall be 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 shall be 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 shall be 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 shall be 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
shall be 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 shall be 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 shall be 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
shall be 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 shall be 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 shall be is
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
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 shall be
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
shall be 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 shall be 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 shall be 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
shall be 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
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 shall be
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 shall be
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
shall be 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
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 shall be
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 shall be 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 shall be 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
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 shall be 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 shall be 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
shall be 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 shall be 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 shall be
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
shall be 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, 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 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 shall be 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 shall be 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 shall be 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 any of the railroad crossing violations
described in subdivisions one through six of this subsection shall be 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 shall be 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 shall be
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
shall be 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 shall be 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 shall be
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
shall be 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 shall be 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 shall be 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
shall be 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 shall be
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 shall be 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
shall be 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; or
(A) For the first conviction, a driver shall be 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 shall be
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
shall be 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 shall be
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 shall be 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
shall be 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 shall be
is 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
is disqualified from operating a commercial motor vehicle for
ninety 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 is
disqualified from operating a commercial motor vehicle for one year
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 shall be
is 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
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 shall be
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 shall be
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), 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 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 the provisions of 49 C.F.R.
383.51(a)(5), the commissioner may reinstate any driver
disqualified for life for an offense described in paragraphs one
through seven of that regulation.
§17E-1-25. Penalties.
(a) It is a misdemeanor for any person to violate any of the
provisions of this chapter unless such the 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 $100 nor more than $1,000, or imprisoned confined for not
more than six months in the county jail, or both fined and
imprisoned confined, except that for the second violation of
section seven of this article and, upon conviction thereof, the
offender shall be fined not less than $500 nor more than $2,000 or
imprisoned confined for not less than six months nor more than nine
months in the county jail, or both fined and imprisoned confined.
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 $1,000 nor more than $2,500, or
imprisoned confined for not less than nine months nor more than one
year in the county jail, or both fined and imprisoned confined.
(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 $2,500 for the first offense and $5,000 for each
subsequent offense.
NOTE: The purpose of this bill is to update the requirements
to obtain and retain a commercial driver's license to comply with
recent changes in federal law and rule. The bill also reconciles
conflicting provisions concerning CDL holders in Chapter 17B with
Chapter 17E.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.