28-3312 - Mandatory disqualification of commercial driver licenses; definition

28-3312. Mandatory disqualification of commercial driver licenses; definition

A. The department shall disqualify a person who is required to have a commercial driver license, who is a commercial driver license holder or who is a commercial learner's permit holder from driving a commercial motor vehicle as follows:

1. Except as provided in subsection E of this section and except as otherwise provided in this subsection, for at least one year if a person:

(a) Refuses a test in violation of section 28-1321.

(b) Is convicted of a first violation of any of the following:

(i) Driving a commercial motor vehicle under the influence of intoxicating liquor or a controlled substance or while having an alcohol concentration of 0.04 or more.

(ii) Leaving the scene of an accident involving a motor vehicle driven by the person.

(iii) Using a motor vehicle in the commission of a felony.

(iv) A violation of chapter 4, article 3 of this title while operating a noncommercial motor vehicle.

(v) Driving a commercial motor vehicle while, as a result of prior violations of this title committed while operating a commercial motor vehicle, the person's commercial driver license is revoked, suspended or canceled or the person is disqualified from operating a commercial motor vehicle.

(vi) Causing a fatality through the negligent operation of a commercial motor vehicle, including a conviction of manslaughter, homicide or negligent homicide resulting from operation of a motor vehicle.

2. For at least three years, if the person is convicted of any of the violations prescribed in paragraph 1 of this subsection and the violation occurred while the person was transporting a hazardous material in the quantity and under the circumstances that require placarding of the transport vehicle under the department's safety rules pursuant to chapter 14 of this title.

3. For the life of the person, if the person is convicted of two or more violations of any of the offenses prescribed in paragraph 1 of this subsection or of any combination of those offenses arising from two or more separate incidents. The department shall consider only offenses committed from and after December 31, 1989 in applying this paragraph.

4. Permanently if the person is convicted of using any motor vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance or possession with intent to manufacture, distribute or dispense a controlled substance.

5. For at least sixty consecutive days, if the person is convicted of two serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three-year period from the date of the violation.

6. For at least one hundred twenty days served in addition to any other disqualification, if the person is convicted of a third or subsequent serious traffic violation committed in a motor vehicle arising from separate incidents occurring within a three-year period from the date of the violation.

7. For at least sixty consecutive days, if the department determines that the person falsified information or documentation as part of the licensing process.

8. For at least one year, if the person is convicted of fraud related to the issuance of a commercial learner's permit or commercial driver license.

9. Permanently if the person is convicted of any of the following offenses or an offense committed in another jurisdiction that if committed in this state would be a violation of any of the following offenses and a commercial motor vehicle was used in the commission of the offense:

(a) Sex trafficking pursuant to section 13-1307.

(b) Trafficking of persons for forced labor or services pursuant to section 13-1308.

B. Except as provided in subsection C of this section, a person who is required to have a commercial driver license or a commercial driver license holder and who is found responsible for violating an out-of-service order pursuant to section 28-5241 is disqualified from driving a commercial motor vehicle as follows:

1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out-of-service order.

2. For a period of two years if the person is found responsible for a second violation of any out-of-service order during any ten-year period arising from separate incidents.

3. For a period of three years if the person is found responsible for a third or subsequent violation of any out-of-service order during any ten-year period arising from separate incidents.

C. A person who is required to have a commercial driver license or a commercial driver license holder and who is found responsible for violating an out-of-service order pursuant to section 28-5241 while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport sixteen or more passengers, including the driver, is disqualified from driving a commercial motor vehicle as follows:

1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out-of-service order.

2. For a period of three years if the person is found responsible for a second or subsequent violation of any out-of-service order during any ten-year period arising from separate incidents.

D. A person who is required to have a commercial driver license or a commercial driver license holder and who is convicted of or found responsible for violating any federal, state or local railroad grade crossing law, ordinance or regulation is disqualified from driving a commercial motor vehicle as follows:

1. For a period of sixty days if a person is convicted of or found responsible for a first violation.

2. For a period of one hundred twenty days if a person is convicted of or found responsible for a second violation during any three-year period.

3. For a period of one year if a person is convicted of or found responsible for a third or subsequent violation during any three-year period.

E. If a federal agency determines that a commercial motor vehicle licensee is driving in a manner that constitutes an imminent hazard, the department, on receipt of notification by the federal government, shall disqualify the driver for a period not to exceed one year. The disqualification shall run concurrently with any other disqualification imposed on the driver. For the purposes of this subsection, "imminent hazard" means the 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 to decrease the risk of death, illness, injury or endangerment.

F. The department shall keep records of findings of responsibility for a civil traffic violation and of conviction of any moving criminal traffic violation for a commercial driver licensee for violations in any type of motor vehicle and for a person required to have a commercial driver license if the violations arise from the operation of a commercial motor vehicle. The department shall make the records available to other states, the United States secretary of transportation, the driver and any motor carrier or prospective motor carrier or the motor carrier's designated agent within ten days after receiving a report of a conviction or finding of responsibility in this state or receipt of a report of a conviction or finding of responsibility or disqualification received from another state.

G. Disqualification for a serious traffic violation committed by a commercial driver license holder while operating a noncommercial motor vehicle applies only if the conviction results in the revocation, cancellation or suspension of the person's commercial driver license or noncommercial driver license.

H. The department may adopt rules establishing guidelines and conditions under which the department may reduce a disqualification for life pursuant to subsection A, paragraph 3 of this section to a disqualification of at least ten years. If a person's disqualification is reduced pursuant to rules adopted pursuant to this subsection and the person is subsequently convicted of a violation described in subsection A, paragraph 1 of this section, the person is permanently disqualified from driving a commercial vehicle and is not eligible to apply for a reduction of the disqualification pursuant to rules adopted pursuant to this subsection.

I. Except as provided in subsection E of this section, the beginning date of the disqualification shall be ten days after the date the department receives the report of conviction or finding of responsibility.

J. For the purposes of this section, "serious traffic violation" means a conviction or finding of responsibility for any of the following:

1. Excessive speeding involving a single offense for a speed of fifteen miles per hour or more above the posted speed limit.

2. Reckless driving as provided by section 28-693.

3. Aggressive driving as provided by section 28-695.

4. Racing as defined in section 28-708.

5. Improper or erratic traffic lane changes as provided by section 28-729.

6. Following the vehicle ahead too closely as provided by section 28-730.

7. A violation of this title that is connected with a fatal traffic accident.

8. Driving a commercial motor vehicle if the person has not been issued a valid commercial driver license pursuant to this chapter.

9. Driving a commercial motor vehicle without a commercial driver license in the person's possession.

10. Driving a commercial motor vehicle without having a valid endorsement for the type of commercial motor vehicle or motor vehicle combination being operated.

11. Driving a commercial motor vehicle while using a portable wireless communication device as provided by section 28-914.