(1) The Department of Transportation shall suspend a person’s commercial driver license or right to apply for a commercial driver license if the person is disqualified from holding a commercial driver license under this section. A person is entitled to administrative review under ORS 809.440 of a suspension under this section.
(2) A person is disqualified from holding a commercial driver license if the person has two or more of any of the following in any combination:
(a) A record of conviction for driving while under the influence of intoxicants under ORS 813.010 and the person was driving a motor vehicle or a commercial motor vehicle at the time of the offense.
(b) A suspension of the person’s commercial driver license under ORS 813.410 for refusal to submit to a test under ORS 813.100 and the person was driving a motor vehicle or a commercial motor vehicle at the time of the offense.
(c) A suspension of the person’s commercial driver license under ORS 813.410 because the person submitted to a breath or blood test and the person’s blood, as shown by the test, had 0.04 percent or more by weight of alcohol and the person was driving a commercial motor vehicle at the time of the offense.
(d) A record of conviction under ORS 811.700 or 811.705 of failure to perform the duties of a driver and the person was driving a motor vehicle or a commercial motor vehicle at the time of the offense.
(e) A record of conviction of a crime punishable as a felony, other than a felony described in subsection (3) of this section, and the person was driving a motor vehicle or a commercial motor vehicle at the time of the offense.
(f) A record of conviction for driving a commercial motor vehicle while, as a result of prior violations committed while driving a commercial motor vehicle, the person’s commercial driver license had been suspended or revoked.
(g) A record of conviction of any degree of murder, manslaughter or criminally negligent homicide resulting from the operation of a commercial motor vehicle or assault in the first degree resulting from the operation of a commercial motor vehicle.
(3) A person is disqualified from holding a commercial driver license if the person has a record of conviction for a crime punishable as a felony that involves the manufacturing, distributing or dispensing of a controlled substance, as defined in ORS 475.005, and in which a motor vehicle or a commercial motor vehicle was used. Notwithstanding subsection (4) of this section, the department may not issue or reinstate a commercial driver license for the lifetime of a person whose commercial driver license is suspended under this subsection.
(4) Ten years after a person is disqualified from holding a commercial driver license under subsection (2) of this section, or 10 years after receiving a lifetime suspension under ORS 809.413 (1), (2), (4) or (5), the person may apply to the department for the right to apply for a commercial driver license or for reinstatement of the person’s commercial driver license. The department may issue or reinstate a commercial driver license to a person who meets all other requirements for the issuance of a commercial driver license if the department, in the discretion of the department, finds good cause shown and finds that the person voluntarily entered and successfully completed rehabilitation as approved by the department.
(5) Notwithstanding subsection (4) of this section, if a person whose commercial driver license is issued or reinstated under subsection (4) of this section receives a subsequent conviction or suspension described in subsection (2) of this section, the department shall suspend the person’s commercial driver license or right to apply for a commercial driver license for the lifetime of the person.
(6) For the purposes of this section:
(a) Second or subsequent records of conviction or suspensions apply only if the convictions or suspensions arose out of separate incidents.
(b) A record of conviction or suspension applies to a person who does not hold a commercial driver license only if the person was driving a commercial motor vehicle at the time of the commission of the offense. [2005 c.649 §13; 2007 c.122 §13]
Note: Section 14, chapter 649, Oregon Laws 2005, provides:
Sec. 14. Section 13 of this 2005 Act [809.404] applies to:
(1) Except as provided in subsection (2) of this section, offenses committed before, on or after the effective date of this 2005 Act [July 27, 2005] if the person was driving a commercial motor vehicle at the time of the offense.
(2) Offenses committed on or after the effective date of this 2005 Act if the offense is not an offense described in subsection (1) of this section or if the offense is the offense described in section 13 (2)(f) of this 2005 Act. [2005 c.649 §14]
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