ENROLLED
Senate Bill No. 328
(By Senators Beach, Klempa and Plymale)
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[Passed March 11, 2011; in effect ninety days from passage.]
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AN ACT to amend and reenact §17E-1-3, §17E-1-6, §17E-1-9, §17E-1-
10, §17E-1-11, §17E-1-12, §17E-1-13, §17E-1-17 and §17E-1-20
of the Code of West Virginia, 1931, as amended; and to amend
said code by adding thereto a new section, designated §17E-1-
14a, all relating to the issuance, disqualification,
suspension and revocation of driver's licenses and privilege
to operate a commercial motor vehicle; adding definitions;
creating the offense of operating a commercial motor vehicle
while texting; providing penalties and exceptions;
establishing disqualification penalties for 2nd, 3rd or
subsequent offenses; providing civil penalties for motor
carriers who require or allow a driver to operate a commercial
motor vehicle while texting; providing that a driver is
disqualified from operating a commercial motor vehicle upon
conviction for operating a commercial motor vehicle when texting; clarifying that out-of-service orders may pertain to
a driver, commercial motor vehicle or a motor carrier
operation; providing that the licensed driver accompanying a
driver holding an instruction permit must be alert and
unimpaired; adding additional certifications to the
application and the face of a commercial driver's license;
providing for additional requirements related to maintenance
and verification of medical certification status; including
the United Mexican States as an entity that the commissioner
is required to provide driving record information; and
prohibiting the division from issuing or renewing a commercial
driver's license to a person who does not possess a valid
medical certification status.
Be it enacted by the Legislature of West Virginia:
That §17E-1-3, §17E-1-6, §17E-1-9, §17E-1-10, §17E-1-11, §17E-
1-12, §17E-1-13, §17E-1-17 and §17E-1-20 of the Code of West
Virginia, 1931, as amended, be amended and reenacted; and that said
code be amended by adding thereto a new section, designated §17E-1-
14a, all to read as follows:
ARTICLE 1. COMMERCIAL DRIVER'S LICENSE.
§17E-1-3. Definitions.
Notwithstanding any other provision of this code, the
following definitions apply to this article:
(1) "Alcohol" means:
(A) Any substance containing any form of alcohol, including,
but not limited to, ethanol, methanol, 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;
(C) The number of grams of alcohol per sixty-seven milliliters
of urine; or
(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 of fault by the official filing the accident report as evidenced by an indication of
contributing circumstances in the accident report.
(4) "Commercial driver's license" means a license or an
instruction permit 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
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 and 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, the Uniform
Controlled Substances Act, and includes all substances listed on
Schedules I through V, inclusive, of article two of said chapter,
as 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 a 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) "Electronic device" includes, but is not limited to, a cellular telephone, personal digital assistant, pager or any other
device used to input, write, send, receive, or read text.
(17) "Employee" means an operator of a commercial motor
vehicle, including full time, regularly employed drivers, casual,
intermittent or occasional drivers, leased drivers and independent,
owner-operator contractors when operating a commercial motor
vehicle, who are either directly employed by or under lease to
drive a commercial motor vehicle for an employer.
(18) "Employer" means a 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.
(19) "Endorsement" means an authorization to a person to
operate certain types of commercial motor vehicles.
(20) "Farm vehicle" includes a motor vehicle or combination
vehicle registered to a 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.
(21) "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.
(22) "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
and who is at least eighteen years of age with two years licensed
driving experience.
(23)"Felony" means an offense under state or federal law that
is punishable by death or imprisonment for a term exceeding one
year.
(24) "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 gross vehicle weight rating (GVWR) of the power unit and the
total weight of the towed unit and load, if any.
(25) "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
load, if any.
(26) "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.
(27) "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.
(28) "Issuance of a license" means the completion of a
transaction signifying that the applicant has met all the
requirements to qualify 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.
(29) "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.
(30) "Noncommercial motor vehicle" means a motor vehicle or
combination of motor vehicles not defined by the term "commercial
motor vehicle".
(31) "Out-of-service order" means a a declaration by 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 that a driver,
a commercial motor vehicle, or a motor carrier operation is out of
service 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.
)(32) "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;
(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; or
(C) The operation of any commercial vehicle by a motor carrier
operation after the carrier has been placed out of service.
(33) "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.
(34) "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 and 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 or endorsements for the specific vehicle group being operated or for the passengers or type
of cargo being transported;
(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; or
(I) Any other serious violations determined by the United
States Secretary of Transportation.
(J) Vehicle defects are excluded as serious traffic violations
except as to violations committed by a special permittee on the
coal resource transportation road system.
(35) "State" means a state of the United States and the
District of Columbia or a province or territory of Canada or a
state or federal agency of the United Mexican States.
(36)"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.
(37) "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.
(38) "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). This definition does not include portable tanks having
a rated capacity under one thousand gallons.
(39) "Texting" means manually entering alphanumeric text into
or reading text from an electronic device.
(A) This action includes, but is not limited to, short
messaging service, e-mailing, instant messaging and a command or
request to access a World Wide Web page or engaging in any other
form of electronic text retrieval or entry for present or future
communication.
(B) Texting does not include:
(i) Reading, selecting or entering a telephone number, an
extension number or voicemail retrieval codes and commands into an
electronic device for the purpose of initiating or receiving a
phone call or using voice commands to initiate or receive a
telephone call;
(ii) Inputting, selecting or reading information on a global
positioning system or navigation system; or
(iii) Using a device capable of performing multiple functions
including, but not limited to, fleet management systems,
dispatching devices, smart phones, citizen band radios or music
players for a purpose that is not otherwise prohibited by this section
(40) "Transportation Security Administration" means the United
States Department of Homeland Security Transportation Security
Administration.
(41) "United States" means the fifty states and the District
of Columbia.
(42) "Valid or Certified Medical Certification Status" means
that an applicant or driver has a current medical evaluation or
determination by a licensed physician that the applicant or driver
meets the minimum federal motor carrier safety administration
physical qualifications within the prescribed time frames pursuant
49 CFR Part §391. Not-certified means that an applicant or driver
does not have a current medical evaluation or has not been
certified by a licensed physician as meeting the minimum federal
motor carrier safety administration physical qualifications
pursuant 49 CFR Part §391.
(43)"Vehicle Group" means a class or type of vehicle with
certain operating characteristics.
§17E-1-6. Employer responsibilities.
(a) Each employer 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) 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;
(2) Has more than one driver's license at one time;
(3) 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) Is in violation of any provision of 49 C.F.R., Part § 382
related to controlled substances and alcohol use and testing.
(c) No employer may require or allow a driver to operate a
commercial motor vehicle while texting.
(d) The division shall impose a civil penalty in addition to
any penalty required under the provisions of section twenty-five of
this article on any employer who knowingly allows, permits,
requires or authorizes a driver to drive a commercial motor vehicle
in violation of subdivision (3) or (4) of subsection (b) or
subsection (c) of this section.
(1) If the conviction is for a violation of subdivision (3),
of subsection (b) of this section, the penalty is $2,750.
(2) If the conviction is for a violation of subdivision (4),
of subsection (b) or (c) of this section, the penalty shall be no
more than $25,000.
§17E-1-9. Commercial driver's license qualification standards.
(a) No person may be issued a commercial driver's license
unless that person is a resident of this state and has passed a
knowledge and skills test for driving a commercial motor vehicle
which complies with minimum federal standards established by
federal regulations enumerated in 49 C.F.R. Part § 383, Subparts
G and H (2004) and has satisfied all other requirements of the
Federal Motor Carrier Safety Improvement Act of 1999 in addition to
other requirements imposed by state law or federal regulations.
(b) Third party testing. The commissioner may authorize a
person, including an agency of this or another state, an employer,
private individual or institution, department, agency or
instrumentality of local government, to administer the skills test
specified by this section so long as:
(1) The test is the same which would otherwise be administered
by the state; and
(2) The party has entered into an agreement with the state
that complies with the requirements of 49 C.F.R., part § 383.75.
(c) Indemnification of driver examiners. No person who has
been officially trained and certified by the state as a driver
examiner, who administers a driving test, and no other person, firm
or corporation by whom or with which that person is employed or is
in any way associated, may be criminally liable for the
administration of the tests or civilly liable in damages to the person tested or other persons or property unless for gross
negligence or willful or wanton injury.
(d) The commissioner may waive the skills test specified in
this section for a commercial driver license applicant who meets
the requirements of 49 C.F.R. part § 383.77 and the requirements
specified by the commissioner.
(e) A commercial driver's license or commercial driver's
instruction permit may not be issued to a person while the person
is subject to a disqualification from driving a commercial motor
vehicle, when the person does not possess a valid or current
medical certification status or while the person's driver's license
is suspended, revoked or canceled in any state. A commercial
driver's license may not be issued by any other state unless the
person first surrenders all such licenses to the division.
(f) Commercial driver's instruction permit may be issued as
follows:
(1) To an individual who holds a valid Class E or Class D
driver's license and has passed the vision and written tests
required for issuance of a commercial driver's license.
(2) The commercial instruction permit may not be issued for a
period to exceed six months. Only one renewal or reissuance may be
granted within a two-year period. The holder of a commercial
driver's instruction permit may drive a commercial motor vehicle on
a highway only when accompanied by the holder of a commercial driver's license valid for the type of vehicle driven, who is
twenty-one years of age or older, who is alert and unimpaired and
who occupies a seat beside the individual for the purpose of giving
instruction or testing.
(3) Only to a person who is at least eighteen years of age and
has held a graduated Class E, Class E or Class D license for at
least two years.
(4) The applicant for a commercial driver's instruction permit
shall also be otherwise qualified to hold a commercial driver's
license.
§17E-1-10. Application for commercial driver's license.
(a) The application for a commercial driver's license or
commercial driver's instruction permit must include at least the
following:
(1) The full name and current mailing and residential address
of the person;
(2) A physical description of the person including sex,
height, weight and eye color;
(3) Date of birth;
(4) The applicant's social security number;
(5) The person's signature;
(6) The person's color photograph;
(7) Certifications including those required by 49 C.F.R. Part
§ 383.71(a)(2004);
(8) Any other information required by the commissioner;
(9) A consent to release driving record information; and
(10) Certification stating that the applicant is:
(A) Engaged in interstate commerce and subject to 49 C.F.R.
Part §391 standards;
(B) Engaged in interstate commerce but excepted from 49 C.F.R.
Part §391 standards;
(C) Engaged in intrastate commerce and subject to state
medical standards; or
(D)Engaged in intrastate commerce but not subject to state
medical standards.
(b) When a licensee changes his or her name, mailing address
or residence, or when a licensee's classifications, endorsements,
or restrictions or medical certification status changes; the
licensee shall submit an application for a duplicate license and
obtain a duplicate driver's license displaying the updated
information.
(c) No person who has been a resident of this state for thirty
days or more may drive a commercial motor vehicle under the
authority of a commercial driver's license issued by another
jurisdiction.
§17E-1-11. Commercial driver's license.
The commercial driver's license shall be marked "commercial
driver's license" or "CDL" and, to the maximum extent practicable, tamper proof. It must include, but not be limited to, the
following information:
(a) The name and residential address of the person;
(b) The person's color photograph;
(c) A physical description of the person including sex,
height, weight, and eye color;
(d) Date of birth;
(e) The person's signature;
(f) The class or type of commercial motor vehicle or vehicles
which the person is authorized to drive together with any
endorsement(s) and or restriction(s);
(g) The name of this state;
(h) The dates between which the license is valid; and
(i) Any information required by the Federal Motor Carrier
Safety Administration concerning the driver's valid or current
medical certification status.
§
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 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
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 or triple trailers which requires successful
completion of a knowledge test;
(2) Passenger vehicles which requires successful completion of
a knowledge and skills test;
(3) Tank vehicles which 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
requires the completion of a knowledge test and a background
security risk check in accordance with 49 C.F.R. §1572.5(2004);
(5) School buses which 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 and
medical certification status 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 the
issuance and provide 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 (2) of
this subsection, no commercial driver's license may be issued for
less than three years nor more than seven years. 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.
(5) Any commercial driver's license held by a person who does
not possess a valid or current medical certification status is no
longer valid for the operation of a commercial motor vehicle and is
downgraded to the appropriate licensure level commensurate with the
licensees qualifications regardless of the expiration date or
indicated class on the face of the license within the time frames
prescribed by 49 CFR §383.73(j).
(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. An appeal of a 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 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.
§17E-1-14a. Commercial Drivers Prohibited From Texting.
(a) No commercial driver may engage in texting while driving
a commercial motor vehicle.
(b) No motor carrier may allow or require its drivers to
engage in texting while driving a commercial motor vehicle.
(c) For the purposes of this section only, and unless a more
restrictive prohibition is prescribed in this code, driving means
operating a commercial motor vehicle with the motor running,
including while temporarily stationed because of traffic, a traffic control device or other momentary delays. Driving does not include
operating a commercial motor vehicle with or without the motor
running when the driver moved the vehicle to the side of or off a
highway, as defined in 49 CFR 390.5, and halted in a location where
the vehicle can safely remain stationary.
§17E-1-17. Driving record information to be furnished.
Subject to the provisions of article two-a, chapter seventeen-
a of this code, the commissioner shall furnish full information
regarding the driving record of any person:
(a) To the driver license administrator of any other state of
the United States and the District of Columbia or a province or
territory of Canada or a state or federal agency of the United
Mexican States requesting that information;
(b) To any motor carrier employer or prospective motor carrier
employer;
(c) To the United States Secretary of Transportation; and
(d) To the driver:Nothing in this section prevents an
insurer from obtaining a standard driving record issued in
accordance with section two, article two, chapter seventeen-d of
this code.
§17E-1-20. Reciprocity.
(a) Notwithstanding any law to the contrary, a person may
drive a commercial motor vehicle if the person has a commercial
driver's license by any state of the United States and the District of Columbia or a province or territory of Canada or a state or
federal agency of the United Mexican States in accordance with the
minimum federal standards for the issuance of commercial motor
vehicle driver licenses if the license is not suspended, revoked or
canceled, if the person is not disqualified from driving a
commercial motor vehicle or not subject to an "out-of-service"
order.
(b) The commissioner is authorized to suspend, revoke or
cancel the privilege to operate a motor vehicle or disqualify the
privilege to operate a commercial motor vehicle of any resident of
this state or of a nonresident upon receiving notice of the
conviction of such person in another state of an offense which, if
committed in this state, would be grounds for the suspension,
revocation or cancellation of the privilege to operate a motor
vehicle or the disqualification of the privilege to operate a
commercial motor vehicle.
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