§286-240 Disqualification and cancellation. (a) A person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of:
(1) Driving a commercial motor vehicle under the influence of alcohol, a controlled substance, or any drug which impairs driving ability;
(2) Driving a commercial motor vehicle while the alcohol concentration of the driver's blood is 0.04 per cent or more by weight;
(3) Refusal to submit to a test to determine the driver's alcohol concentration while driving a commercial motor vehicle;
(4) Using a commercial motor vehicle in the commission of any felony;
(5) Leaving the scene of an accident involving the commercial motor vehicle driven by the person; or
(6) Unlawful transportation, possession, or use of a controlled substance while on-duty time.
(b) A person is disqualified for a period of not less than three years for any conviction of a violation of any offense listed in subsection (a) that is committed while a hazardous material required to be placarded is being transported.
(c) A person is disqualified from driving a commercial motor vehicle for life if convicted two or more times for violations of any of the offenses listed in subsection (a).
(d) A person is disqualified from driving a commercial motor vehicle for life if the person uses a commercial motor vehicle in the commission of any felony involving the manufacturing, distributing, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance.
(e) A person is disqualified from driving a commercial motor vehicle for a period of not less than sixty days if convicted of two serious traffic violations, or one hundred twenty days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period.
(f) A person is disqualified from driving a commercial motor vehicle or from resubmitting an application for a period of not less than sixty days, if the examiner of drivers finds that a commercial driver's license holder or applicant for a commercial driver's license has falsified information or failed to report or disclose required information either before or after issuance of a commercial driver's license.
(g) A person is disqualified from driving a commercial motor vehicle for a period of not less than ninety days and not more than one year for a first violation, or for at least one year and not more than five years for a second violation, or at least three years and not more than five years for a third or subsequent violation of an out-of-service order committed in a commercial motor vehicle arising from separate incidents occurring within a ten-year period.
(h) A person is disqualified from driving a commercial motor vehicle for a period of not less than one hundred eighty days or more than two years for a first violation, or for at least three years and not more than five years for any subsequent violation, of an out-of-service order committed in a commercial motor vehicle transporting hazardous materials or designed to transport sixteen or more occupants, arising from separate incidents occurring within a ten-year period.
(i) A person is disqualified from driving a commercial motor vehicle for a period of not less than sixty days if convicted of a first violation, not less than one hundred twenty days if convicted of a second violation during any three-year period, or not less than one year if convicted of a third or subsequent violation during any three-year period for a violation of a federal, state, or local law or regulation pertaining to one of the following six offenses at a railroad-highway grade crossing:
(1) For all drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;
(2) For all drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;
(3) For all drivers who are always required to stop, failing to stop before driving onto the crossing;
(4) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;
(5) For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing; or
(6) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance. [L 1989, c 320, pt of §2; am L 1990, c 342, §10; am L 1995, c 114, §4; am L 2002, c 70, §2]