Title 40, Chapter 5, Section 151
( 40-5-151)
(a) Any person is disqualified from driving a commercial motor
vehicle for a period of not less than one year: (1) If convicted of a first violation of: (A) Any offense specified in Code Section 40-5-54 that occurs while the person is driving or being in actual physical control of a moving commercial motor vehicle; or (B) Driving or being in actual physical control of a moving
commercial motor vehicle while there is 0.04 percent or more by
weight of alcohol in his or her blood, breath, or urine; or (2) For refusal to submit to a test as prescribed in paragraph (1) of subsection (a) of Code Section 40-6-392 to determine the driver's alcohol concentration while driving a commercial motor vehicle. (b) Any person is disqualified from driving a commercial motor
vehicle for a period of not less than three years if convicted of a
first violation of using a commercial motor vehicle in the
commission of a felony or for offenses specified in paragraph (1) of
subsection (a) of this Code section, provided that the vehicle being
operated or used in connection with such violation or commission of
such felony is transporting a hazardous material required to be
placarded under Section 105 of the Hazardous Material Transportation
Act. (c) Any person is disqualified from driving a commercial motor vehicle for life if convicted of two or more violations of any of the offenses specified in subsection (a) of Code Section 40-5-54 or Code Section 40-6-391 or 40-6-392, or any combination of those offenses, arising from two or more separate incidents. (d) The department may issue regulations establishing guidelines,
including conditions, under which a disqualification for life under
subsection (c) of this Code section may be reduced to a period of
not less than ten years. (e) Any person is disqualified from driving a commercial motor
vehicle for life who knowingly uses a commercial 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. (f) Any person is disqualified from driving a commercial motor
vehicle for a period of not less than 60 days if convicted of two
serious traffic violations or 120 days if convicted of three serious
traffic violations committed in a commercial motor vehicle arising
from separate incidents occurring within a three-year period as
measured from the dates of arrests for which convictions were
obtained. (g)(1) Any person is disqualified from driving a commercial motor
vehicle based on the following violations of out-of-service
orders:
(A) First violation -- a driver who is convicted of a first
violation of an out-of-service order is disqualified for a
period of not less than 90 days and not more than one year; (B) Second violation -- a driver who is convicted of two
violations of out-of-service orders in separate incidents is
disqualified for a period of not less than one year and not more
than five years; and (C) Third or subsequent violation -- a driver who is convicted
of three or more violations of out-of-service orders in separate
incidents is disqualified for a period of not less than three
years and not more than five years. (2) Whenever the operator of a commercial motor vehicle is issued
an out-of-service order, a copy of such order shall be issued to
the operator of the commercial motor vehicle, the operator of the
commercial motor vehicle's employer, and a copy or notice of such
out-of-service order shall be provided to the department. The
form of such out-of-service order, the procedures for notifying
the department upon the issuance of such an order, and other
matters relative to the issuance of out-of-service orders and
violations thereof shall be provided in rules and regulations
promulgated by the commissioner. (h) After suspending, revoking, or canceling a commercial driver's
license, the department shall update its records to reflect that
action within ten days. After suspending, revoking, or canceling a
nonresident commercial driver's privileges, the department shall
notify the licensing authority of the state which issued the
commercial driver's license within ten days. |