Section 9. (A) Any person is disqualified from operating 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 or drugs as provided in section twenty-four of chapter ninety.

(2) Driving a commercial motor vehicle while the alcohol concentration of the person’s blood or breath is four hundredths or more.

(3) Leaving the scene of an accident involving a commercial motor vehicle driven by the person; or

(4) Using a commercial motor vehicle in the commission of a felony as defined in this chapter.

If any of the above violations occurred while transporting a hazardous material required to be placarded, the person shall be disqualified for a period of three years.

(B) Any person shall be disqualified for life if convicted of two or more violations of any of the offenses specified in paragraph (A), or any combination of those offenses, arising from two or more separate incidents. Only offenses committed after the effective date of this chapter may be considered in applying this paragraph.

(C) The registrar may issue regulations establishing guidelines, including conditions, under which a disqualification for life under paragraph (B) may be reduced to a period of not less than ten years.

(D) Any person shall be disqualified from operating a commercial motor vehicle for life who 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.

(E) Any person shall be disqualified from operating a commercial motor vehicle for a period of not less than sixty days if convicted of two serious traffic violations, or one hundred and twenty days if convicted of three serious traffic violations, committed in the operation of a commercial motor vehicle arising from separate incidents occurring within a three-year period.

(E1/2)(1) Except as provided in subparagraph (2), any person who violates the provisions of an out-of-service order shall be disqualified from driving a commercial motor vehicle as follows:

(i) for not less than ninety days for a first violation of an out-of-service order;

(ii) for not less than one year for a second violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period; and

(iii) for not less than three years for a third or subsequent violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period.

(2) Any person who violates the provisions of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 USC app. 1801-1813, or while operating a motor vehicle designed to transport more than fifteen passengers, including the driver, shall be disqualified from driving a commercial motor vehicle as follows:

(i) for not less than one hundred and eighty days for a first violation of an out-of-service order; and

(ii) for not less than three years for a second or subsequent violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period.

(3) In addition to the disqualification provided for in subparagraphs (1) and (2), any driver who violates the provisions of an out-of-service order shall be subject to a civil penalty of one thousand dollars.

(F) After suspending, revoking, or cancelling a license to operate a commercial motor vehicle, the registrar shall update its records to reflect such action within ten days. After suspending, revoking or cancelling the privileges of a nonresident operator of a commercial motor vehicle, the registrar shall notify the licensing authority of the state which issued the license or certificate of the nonresident operator of a commercial motor vehicle within ten days.

Last modified: March 27, 2006