Oregon Statutes - Chapter 809 - Refusal, Suspension, Cancellation and Revocation of Registration, Title, Driving Privileges and Identification Card; Vehicle Impoundment - Section 809.407 - Suspension of commercial driver license for specified railroad crossing violations.

(1) The driver of a commercial motor vehicle is subject to suspension of the driver’s commercial driver license upon conviction of any of the following:

(a) Failure to stop for a railroad signal in violation of ORS 811.455.

(b) Failure to follow rail crossing procedures for high-risk vehicles in violation of ORS 811.460.

(c) Obstructing a rail crossing in violation of ORS 811.475.

(d) Failure of the operator of a commercial motor vehicle to slow down and check that tracks are clear of an approaching train in violation of ORS 811.462.

(2) Upon receipt of a record of conviction for an offense described in subsection (1) of this section, the Department of Transportation shall suspend the convicted person’s commercial driver license for the following periods of time:

(a) Sixty days, upon receipt of a first record of conviction.

(b) One hundred and twenty days, if commission of a second offense and the conviction for a separate offense occur within a three-year period.

(c) One year, if commission of a third or subsequent offense and two or more convictions for separate offenses occur within a three-year period.

(3) A person is entitled to administrative review under ORS 809.440 of a suspension under this section. [2001 c.492 §2; 2003 c.402 §27]

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Last modified: August 7, 2008