§286-240  Disqualification and cancellation. (a)  The examiner of drivers shall disqualify any person from driving acommercial motor vehicle for a period of not less than one year if convicted ofa first violation of:

(1)  Driving a motor vehicle under the influence ofalcohol, a controlled substance, or any drug which impairs driving ability;

(2)  Driving a commercial motor vehicle while thealcohol concentration of the driver's blood is 0.04 per cent or more by weight;

(3)  Refusing to submit to a test to determine thedriver's alcohol concentration while driving a motor vehicle as required undersections 286-243 and 291E-11;

(4)  Using a motor vehicle in the commission of anyfelony;

(5)  Leaving the scene of an accident involving themotor vehicle driven by the person;

(6)  Unlawful transportation, possession, or use of acontrolled substance while on-duty time;

(7)  Driving a commercial motor vehicle when, as aresult of prior violations committed while operating a commercial motorvehicle, the driver's commercial driver's license had been revoked, suspended,or canceled, or the driver was otherwise disqualified from operating acommercial motor vehicle; or

(8)  Causing a fatality through the operation of acommercial motor vehicle, including but not limited to the crimes ofmanslaughter and negligent homicide in any degree.

(b)  The examiner of drivers shall disqualifyany person for a period of not less than three years for any conviction of aviolation of any offense listed in subsection (a) that is committed while ahazardous material required to be placarded under Title 49 Code of FederalRegulations, Part 172, Subpart F, is being transported.

(c)  The examiner of drivers shall disqualifyany person from driving a commercial motor vehicle for life if convicted two ormore times for violations of any of the offenses listed in subsection (a).

(d)  The examiner of drivers shall disqualifyany person from driving a commercial motor vehicle for life if the person usesa motor vehicle in the commission of any felony involving the manufacturing,distributing, or dispensing of a controlled substance, or possession withintent to manufacture, distribute, or dispense a controlled substance.

(e)  The examiner of drivers shall disqualifyany person from driving a commercial motor vehicle for a period of not lessthan sixty days if convicted of two serious traffic violations, or one hundredtwenty days if convicted of three serious traffic violations, committed in acommercial motor vehicle arising from separate incidents occurring within athree-year period.  The one hundred twenty-day disqualification period requiredfor a third conviction within three years of a "serious traffic violation",as defined in section 286-231, shall be in addition to any other previouslyimposed period of disqualification.  These disqualification periods shall alsoapply to offenses committed while operating a noncommercial motor vehicle onlyif the conviction for the offense results in the revocation, cancellation, orsuspension of the driver's license.

(f)  The examiner of drivers shall disqualifyany person from driving a commercial motor vehicle or from resubmitting anapplication for a period of not less than sixty days, if the examiner ofdrivers finds that a commercial driver's license holder or applicant for acommercial driver's license has falsified information or failed to report ordisclose required information either before or after issuance of a commercialdriver's license.

(g)  The examiner of drivers shall disqualifyany person from driving a commercial motor vehicle for a period of not lessthan ninety days and not more than one year for a first violation, or for atleast one year and not more than five years for a second violation, or at leastthree years and not more than five years for a third or subsequent violation ofa driver or vehicle out-of-service order committed in a commercial motorvehicle arising from separate incidents occurring within a ten-year period.

(h)  The examiner of drivers shall disqualifyany person from driving a commercial motor vehicle for a period of not lessthan one hundred eighty days or more than two years for a first violation, orfor at least three years and not more than five years for any subsequentviolation, of a driver or vehicle out-of-service order committed in acommercial motor vehicle transporting hazardous materials or designed totransport sixteen or more occupants, arising from separate incidents occurringwithin a ten-year period.

(i)  The examiner of drivers shall disqualifyany person from driving a commercial motor vehicle for a period of not lessthan sixty days if convicted of a first violation, not less than one hundredtwenty days if convicted of a second violation during any three-year period, ornot less than one year if convicted of a third or subsequent violation duringany three-year period for a violation of a federal, state, or local law orregulation pertaining to one of the following six offenses at arailroad-highway grade crossing:

(1)  For all drivers who are not required to alwaysstop, failing to slow down and check that the tracks are clear of anapproaching train;

(2)  For all drivers who are not required to alwaysstop, failing to stop before reaching the crossing, if the tracks are notclear;

(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 spaceto drive completely through the crossing without stopping;

(5)  For all drivers, failing to obey a trafficcontrol device or the directions of an enforcement official at the crossing; or

(6)  For all drivers, failing to negotiate a crossingbecause of insufficient undercarriage clearance.

(j)  The examiner of drivers shall disqualifyany person from driving a commercial motor vehicle when the driver's driving isdetermined to constitute an imminent hazard, as defined in section 286-231, andthe disqualification is imposed in accordance with the provisions of Title 49Code of Federal Regulations Section 383.52. [L 1989, c 320, pt of §2; am L1990, c 342, §10; am L 1995, c 114, §4; am L 2002, c 70, §2; am L 2004, c 103,§8; am L 2006, c 130, §6]