Violations, disqualification from driving, duration,penalties--reapplication procedure.
302.755. 1. A person is disqualified from driving a commercial motorvehicle for a period of not less than one year if convicted of a firstviolation of:
(1) Driving a motor vehicle under the influence of alcohol or acontrolled substance, or of an alcohol-related enforcement contact asdefined in subsection 3 of section 302.525;
(2) Driving a commercial motor vehicle which causes a fatalitythrough the negligent operation of the commercial motor vehicle, includingbut not limited to the crimes of vehicular manslaughter, homicide by motorvehicle, and negligent homicide;
(3) Driving a commercial motor vehicle while revoked pursuant tosection 302.727;
(4) Leaving the scene of an accident involving a commercial ornoncommercial motor vehicle operated by the person;
(5) Using a commercial or noncommercial motor vehicle in thecommission of any felony, as defined in section 302.700, except a felony asprovided in subsection 4 of this section.
2. If any of the violations described in subsection 1 of this sectionoccur while transporting a hazardous material the person is disqualifiedfor a period of not less than three years.
3. Any person is disqualified from operating a commercial motorvehicle for life if convicted of two or more violations of any of theoffenses specified in subsection 1 of this section, or any combination ofthose offenses, arising from two or more separate incidents. The directormay issue rules and regulations, in accordance with guidelines establishedby the secretary, under which a disqualification for life under thissection may be reduced to a period of not less than ten years.
4. Any person is disqualified from driving a commercial motor vehiclefor life who uses a commercial or noncommercial motor vehicle in thecommission of any felony involving the manufacture, distribution, ordispensing of a controlled substance, or possession with intent tomanufacture, distribute, or dispense a controlled substance.
5. Any person is disqualified from operating a commercial motorvehicle for a period of not less than sixty days if convicted of twoserious traffic violations or one hundred twenty days if convicted of threeserious traffic violations, arising from separate incidents occurringwithin a three-year period.
6. Any person found to be operating a commercial motor vehicle whilehaving any measurable alcohol concentration shall immediately be issued acontinuous twenty-four-hour out-of-service order by a law enforcementofficer in this state.
7. Any person who is convicted of operating a commercial motorvehicle beginning at the time of issuance of the out-of-service order untilits expiration is guilty of a class A misdemeanor.
8. Any person convicted for the first time of driving while out ofservice shall be disqualified from driving a commercial motor vehicle inthe manner prescribed in 49 CFR Part 383, or as amended by the Secretary.
9. Any person convicted of driving while out of service on a secondoccasion during any ten-year period, involving separate incidents, shall bedisqualified in the manner prescribed in 49 CFR Part 383, or as amended bythe Secretary.
10. Any person convicted of driving while out of service on a thirdor subsequent occasion during any ten-year period, involving separateincidents, shall be disqualified for a period of three years.
11. Any person convicted of a first violation of an out-of-serviceorder while transporting hazardous materials or while operating a motorvehicle designed to transport sixteen or more passengers, including thedriver, is disqualified for a period of one hundred eighty days.
12. Any person convicted of any subsequent violation of anout-of-service order in a separate incident within ten years after aprevious violation, while transporting hazardous materials or whileoperating a motor vehicle designed to transport fifteen passengers,including the driver, is disqualified for a period of three years.
13. Any person convicted of any other offense as specified byregulations promulgated by the Secretary of Transportation shall bedisqualified in accordance with such regulations.
14. After suspending, revoking, canceling or disqualifying a driver,the director shall update records to reflect such action and notify anonresident's licensing authority and the commercial driver's licenseinformation system within ten days in the manner prescribed in 49 CFR Part384, or as amended by the Secretary.
15. Any person disqualified from operating a commercial motor vehiclepursuant to subsection 1, 2, 3 or 4 of this section shall have suchcommercial driver's license canceled, and upon conclusion of the period ofdisqualification shall take the written and driving tests and meet allother requirements of sections 302.700 to 302.780. Such disqualificationand cancellation shall not be withdrawn by the director until such personreapplies for a commercial driver's license in this or any other stateafter meeting all requirements of sections 302.700 to 302.780.
16. The director shall disqualify a driver upon receipt ofnotification that the Secretary has determined a driver to be an imminenthazard pursuant to 49 CFR, Part 383.52. Due process of a disqualificationdetermined by the Secretary pursuant to this section shall be held inaccordance with regulations promulgated by the Secretary. The period ofdisqualification determined by the Secretary pursuant to this section shallbe served concurrently to any other period of disqualification which may beimposed by the director pursuant to this section. Both disqualificationsshall appear on the driving record of the driver.
17. The director shall disqualify a commercial license holder oroperator of a commercial vehicle from operation of any commercial motorvehicle upon receipt of a conviction for an offense of failure to appear orpay, and such disqualification shall remain in effect until the directorreceives notice that the person has complied with the requirement to appearor pay.
Violations, disqualification from driving, duration,penalties--reapplication procedure.
302.755. 1. A person is disqualified from driving a commercial motorvehicle for a period of not less than one year if convicted of a firstviolation of:
(1) Driving a motor vehicle under the influence of alcohol or acontrolled substance, or of an alcohol-related enforcement contact asdefined in subsection 3 of section 302.525;
(2) Driving a commercial motor vehicle which causes a fatalitythrough the negligent operation of the commercial motor vehicle, includingbut not limited to the crimes of vehicular manslaughter, homicide by motorvehicle, and negligent homicide;
(3) Driving a commercial motor vehicle while revoked pursuant tosection 302.727;
(4) Leaving the scene of an accident involving a commercial ornoncommercial motor vehicle operated by the person;
(5) Using a commercial or noncommercial motor vehicle in thecommission of any felony, as defined in section 302.700, except a felony asprovided in subsection 4 of this section.
2. If any of the violations described in subsection 1 of this sectionoccur while transporting a hazardous material the person is disqualifiedfor a period of not less than three years.
3. Any person is disqualified from operating a commercial motorvehicle for life if convicted of two or more violations of any of theoffenses specified in subsection 1 of this section, or any combination ofthose offenses, arising from two or more separate incidents. The directormay issue rules and regulations, in accordance with guidelines establishedby the secretary, under which a disqualification for life under thissection may be reduced to a period of not less than ten years.
4. Any person is disqualified from driving a commercial motor vehiclefor life who uses a commercial or noncommercial motor vehicle in thecommission of any felony involving the manufacture, distribution, ordispensing of a controlled substance, or possession with intent tomanufacture, distribute, or dispense a controlled substance.
5. Any person is disqualified from operating a commercial motorvehicle for a period of not less than sixty days if convicted of twoserious traffic violations or one hundred twenty days if convicted of threeserious traffic violations, arising from separate incidents occurringwithin a three-year period.
6. Any person found to be operating a commercial motor vehicle whilehaving any measurable alcohol concentration shall immediately be issued acontinuous twenty-four-hour out-of-service order by a law enforcementofficer in this state.
7. Any person who is convicted of operating a commercial motorvehicle beginning at the time of issuance of the out-of-service order untilits expiration is guilty of a class A misdemeanor.
8. Any person convicted for the first time of driving while out ofservice shall be disqualified from driving a commercial motor vehicle inthe manner prescribed in 49 CFR Part 383, or as amended by the Secretary.
9. Any person convicted of driving while out of service on a secondoccasion during any ten-year period, involving separate incidents, shall bedisqualified in the manner prescribed in 49 CFR Part 383, or as amended bythe Secretary.
10. Any person convicted of driving while out of service on a thirdor subsequent occasion during any ten-year period, involving separateincidents, shall be disqualified for a period of three years.
11. Any person convicted of a first violation of an out-of-serviceorder while transporting hazardous materials or while operating a motorvehicle designed to transport sixteen or more passengers, including thedriver, is disqualified for a period of one hundred eighty days.
12. Any person convicted of any subsequent violation of anout-of-service order in a separate incident within ten years after aprevious violation, while transporting hazardous materials or whileoperating a motor vehicle designed to transport fifteen passengers,including the driver, is disqualified for a period of three years.
13. Any person convicted of any other offense as specified byregulations promulgated by the Secretary of Transportation shall bedisqualified in accordance with such regulations.
14. After suspending, revoking, canceling or disqualifying a driver,the director shall update records to reflect such action and notify anonresident's licensing authority and the commercial driver's licenseinformation system within ten days in the manner prescribed in 49 CFR Part384, or as amended by the Secretary.
15. Any person disqualified from operating a commercial motor vehiclepursuant to subsection 1, 2, 3 or 4 of this section shall have suchcommercial driver's license canceled, and upon conclusion of the period ofdisqualification shall take the written and driving tests and meet allother requirements of sections 302.700 to 302.780. Such disqualificationand cancellation shall not be withdrawn by the director until such personreapplies for a commercial driver's license in this or any other stateafter meeting all requirements of sections 302.700 to 302.780.
16. The director shall disqualify a driver upon receipt ofnotification that the Secretary has determined a driver to be an imminenthazard pursuant to 49 CFR, Part 383.52. Due process of a disqualificationdetermined by the Secretary pursuant to this section shall be held inaccordance with regulations promulgated by the Secretary. The period ofdisqualification determined by the Secretary pursuant to this section shallbe served concurrently to any other period of disqualification which may beimposed by the director pursuant to this section. Both disqualificationsshall appear on the driving record of the driver.
17. The director shall disqualify a commercial license holder oroperator of a commercial vehicle from operation of any commercial motorvehicle upon receipt of a conviction for an offense of failure to appear orpay, and such disqualification shall remain in effect until the directorreceives notice that the person has complied with the requirement to appearor pay.
Violations, disqualification from driving, duration,penalties--reapplication procedure.
302.755. 1. A person is disqualified from driving a commercial motorvehicle for a period of not less than one year if convicted of a firstviolation of:
(1) Driving a motor vehicle under the influence of alcohol or acontrolled substance, or of an alcohol-related enforcement contact asdefined in subsection 3 of section 302.525;
(2) Driving a commercial motor vehicle which causes a fatalitythrough the negligent operation of the commercial motor vehicle, includingbut not limited to the crimes of vehicular manslaughter, homicide by motorvehicle, and negligent homicide;
(3) Driving a commercial motor vehicle while revoked pursuant tosection 302.727;
(4) Leaving the scene of an accident involving a commercial ornoncommercial motor vehicle operated by the person;
(5) Using a commercial or noncommercial motor vehicle in thecommission of any felony, as defined in section 302.700, except a felony asprovided in subsection 4 of this section.
2. If any of the violations described in subsection 1 of this sectionoccur while transporting a hazardous material the person is disqualifiedfor a period of not less than three years.
3. Any person is disqualified from operating a commercial motorvehicle for life if convicted of two or more violations of any of theoffenses specified in subsection 1 of this section, or any combination ofthose offenses, arising from two or more separate incidents. The directormay issue rules and regulations, in accordance with guidelines establishedby the secretary, under which a disqualification for life under thissection may be reduced to a period of not less than ten years.
4. Any person is disqualified from driving a commercial motor vehiclefor life who uses a commercial or noncommercial motor vehicle in thecommission of any felony involving the manufacture, distribution, ordispensing of a controlled substance, or possession with intent tomanufacture, distribute, or dispense a controlled substance.
5. Any person is disqualified from operating a commercial motorvehicle for a period of not less than sixty days if convicted of twoserious traffic violations or one hundred twenty days if convicted of threeserious traffic violations, arising from separate incidents occurringwithin a three-year period.
6. Any person found to be operating a commercial motor vehicle whilehaving any measurable alcohol concentration shall immediately be issued acontinuous twenty-four-hour out-of-service order by a law enforcementofficer in this state.
7. Any person who is convicted of operating a commercial motorvehicle beginning at the time of issuance of the out-of-service order untilits expiration is guilty of a class A misdemeanor.
8. Any person convicted for the first time of driving while out ofservice shall be disqualified from driving a commercial motor vehicle inthe manner prescribed in 49 CFR Part 383, or as amended by the Secretary.
9. Any person convicted of driving while out of service on a secondoccasion during any ten-year period, involving separate incidents, shall bedisqualified in the manner prescribed in 49 CFR Part 383, or as amended bythe Secretary.
10. Any person convicted of driving while out of service on a thirdor subsequent occasion during any ten-year period, involving separateincidents, shall be disqualified for a period of three years.
11. Any person convicted of a first violation of an out-of-serviceorder while transporting hazardous materials or while operating a motorvehicle designed to transport sixteen or more passengers, including thedriver, is disqualified for a period of one hundred eighty days.
12. Any person convicted of any subsequent violation of anout-of-service order in a separate incident within ten years after aprevious violation, while transporting hazardous materials or whileoperating a motor vehicle designed to transport fifteen passengers,including the driver, is disqualified for a period of three years.
13. Any person convicted of any other offense as specified byregulations promulgated by the Secretary of Transportation shall bedisqualified in accordance with such regulations.
14. After suspending, revoking, canceling or disqualifying a driver,the director shall update records to reflect such action and notify anonresident's licensing authority and the commercial driver's licenseinformation system within ten days in the manner prescribed in 49 CFR Part384, or as amended by the Secretary.
15. Any person disqualified from operating a commercial motor vehiclepursuant to subsection 1, 2, 3 or 4 of this section shall have suchcommercial driver's license canceled, and upon conclusion of the period ofdisqualification shall take the written and driving tests and meet allother requirements of sections 302.700 to 302.780. Such disqualificationand cancellation shall not be withdrawn by the director until such personreapplies for a commercial driver's license in this or any other stateafter meeting all requirements of sections 302.700 to 302.780.
16. The director shall disqualify a driver upon receipt ofnotification that the Secretary has determined a driver to be an imminenthazard pursuant to 49 CFR, Part 383.52. Due process of a disqualificationdetermined by the Secretary pursuant to this section shall be held inaccordance with regulations promulgated by the Secretary. The period ofdisqualification determined by the Secretary pursuant to this section shallbe served concurrently to any other period of disqualification which may beimposed by the director pursuant to this section. Both disqualificationsshall appear on the driving record of the driver.
17. The director shall disqualify a commercial license holder oroperator of a commercial vehicle from operation of any commercial motorvehicle upon receipt of a conviction for an offense of failure to appear orpay, and such disqualification shall remain in effect until the directorreceives notice that the person has complied with the requirement to appearor pay.
