§ 20-17.4. Disqualification to drive a commercial motor vehicle.
§ 20‑17.4. Disqualification to drive a commercial motor vehicle.
(a) One Year. Any ofthe following disqualifies a person from driving a commercial motor vehicle forone year if committed by a person holding a commercial drivers license, or,when applicable, committed while operating a commercial motor vehicle by aperson who does not hold a commercial drivers license:
(1) A first convictionof G.S. 20‑138.1, driving while impaired, for a holder of a commercialdrivers license that occurred while the person was driving a motor vehicle thatis not a commercial motor vehicle.
(2) A first convictionof G.S. 20‑138.2, driving a commercial motor vehicle while impaired.
(3) A first convictionof G.S. 20‑166, hit and run.
(4) A first convictionof a felony in the commission of which a commercial motor vehicle was used orthe first conviction of a felony in which any motor vehicle is used by a holderof a commercial drivers license.
(5) Refusal to submit toa chemical test when charged with an implied‑consent offense, as definedin G.S. 20‑16.2.
(6) A second orsubsequent conviction, as defined in G.S. 20‑138.2A(d), of driving acommercial motor vehicle after consuming alcohol under G.S. 20‑138.2A.
(7) A civil licenserevocation under G.S. 20‑16.5, or a substantially similar revocationobtained in another jurisdiction, arising out of a charge that occurred whilethe person was either operating a commercial motor vehicle or while the personwas holding a commercial drivers license.
(8) A first convictionof vehicular homicide under G.S. 20‑141.4 or vehicular manslaughter underG.S. 14‑18 occurring while the person was operating a commercial motorvehicle.
(9) Driving a commercialmotor vehicle during a period when the person's commercial drivers license isrevoked, suspended, cancelled, or the driver is otherwise disqualified fromoperating a commercial motor vehicle.
(a1) Ten‑DayDisqualification. A person who is convicted for a first offense of driving acommercial motor vehicle after consuming alcohol under G.S. 20‑138.2A isdisqualified from driving a commercial motor vehicle for 10 days.
(b) Modified Life. Aperson who has been disqualified from driving a commercial motor vehicle for aconviction or refusal described in subsection (a) who, as the result of a separateincident, is subsequently convicted of an offense or commits an act requiringdisqualification under subsection (a) is disqualified for life. The Divisionmay adopt guidelines, including conditions, under which a disqualification forlife under this subsection may be reduced to 10 years.
(b1) Life WithoutReduction. A person is disqualified from driving a commercial motor vehiclefor life, without the possibility of reinstatement after 10 years, if thatperson is convicted of a third or subsequent violation of G.S. 20‑138.2,a fourth or subsequent violation of G.S. 20‑138.2A, or if the personrefuses to submit to a chemical test a third time when charged with an implied‑consentoffense, as defined in G.S. 20‑16.2, that occurred while the person was drivinga commercial motor vehicle.
(c) Life. A person isdisqualified from driving a commercial motor vehicle for life if that personeither uses a commercial motor vehicle in the commission of any felonyinvolving the manufacture, distribution, or dispensing of a controlledsubstance, or possession with intent to manufacture, distribute, or dispense acontrolled substance or is the holder of a commercial drivers license at thetime of the commission of any such felony.
(c1) (Effective March31, 2010) Life. A person shall be disqualified from driving a commercialmotor vehicle for life, without the possibility of reinstatement, if thatperson has had a commercial drivers license reinstated in the past and isconvicted of another major disqualifying offense as defined in 49 C.F.R. §383.51(b).
(d) Less Than a Year. A person is disqualified from driving a commercial motor vehicle for 60 days ifthat person is convicted of two serious traffic violations, or 120 days ifconvicted of three or more serious traffic violations, arising from separateincidents occurring within a three‑year period, committed in a commercialmotor vehicle or while holding a commercial drivers license. Thisdisqualification shall be in addition to, and shall be served at the end of,any other prior disqualification. For purposes of this subsection, a"serious violation" includes violations of G.S. 20‑140(f) andG.S. 20‑141(j3).
(e) Three Years. Aperson is disqualified from driving a commercial motor vehicle for three yearsif that person is convicted of an offense or commits an act requiringdisqualification under subsection (a) and the offense or act occurred while theperson was transporting a hazardous material that required the motor vehicledriven to be placarded.
(f) Revocation Period. A person is disqualified from driving a commercial motor vehicle for theperiod during which the person's regular or commercial drivers license isrevoked, suspended, or cancelled.
(g) Violation of Out‑of‑ServiceOrder. Any person convicted for violating an out‑of‑serviceorder, except as described in subsection (h) of this section, shall bedisqualified as follows:
(1) A person isdisqualified from driving a commercial vehicle for a period of 90 days ifconvicted of a first violation of an out‑of‑service order.
(2) A person isdisqualified for a period of one year if convicted of a second violation of anout‑of‑service order during any 10‑year period, arising fromseparate incidents.
(3) A person isdisqualified for a period of three years if convicted of a third or subsequentviolation of an out‑of‑service order during any 10‑yearperiod, arising from separate incidents.
(h) Violation of Out‑of‑ServiceOrder; Special Rule for Hazardous Materials and Passenger Offenses. Anyperson convicted for violating an out‑of‑service order whiletransporting hazardous materials or while operating a commercial vehicledesigned or used to transport more than 15 passengers, including the driver,shall be disqualified as follows:
(1) A person isdisqualified for a period of 180 days if convicted of a first violation of anout‑of‑service order.
(2) A person isdisqualified for a period of three years if convicted of a second or subsequentviolation of an out‑of‑service order during any 10‑yearperiod, arising from separate incidents.
(i) Disqualificationfor Out‑of‑State Violations. The Division shall withdraw theprivilege to operate a commercial vehicle of any resident of this State orperson transferring to this State upon receiving notice of the person'sconviction or Administrative Per Se Notice in another state for an offensethat, if committed in this State, would be grounds for disqualification, evenif the offense occurred in another jurisdiction prior to being licensed in thisState where no action had been taken at that time in the other jurisdiction.The period of disqualification shall be the same as if the offense occurred inthis State.
(j) Disqualificationof Persons Without Commercial Drivers Licenses. Any person convicted of anoffense that requires disqualification under this section, but who does nothold a commercial drivers license, shall be disqualified from operating acommercial vehicle in the same manner as if the person held a valid commercialdrivers license.
(k) Disqualification forRailroad Grade Crossing Offenses. Any person convicted of a violation of G.S.20‑142.1 through G.S. 20‑142.5, when the driver is operating acommercial motor vehicle, shall be disqualified from driving a commercial motorvehicle as follows:
(1) A person isdisqualified for a period of 60 days if convicted of a first violation of arailroad grade crossing offense listed in this subsection.
(2) A person isdisqualified for a period of 120 days if convicted during any three‑yearperiod of a second violation of any combination of railroad grade crossingoffenses listed in this subsection.
(3) A person isdisqualified for a period of one year if convicted during any three‑yearperiod of a third or subsequent violation of any combination of railroad gradecrossing offenses listed in this subsection.
(l) Disqualificationfor Testing Positive in a Drug or Alcohol Test. Upon receipt of notice of apositive drug or alcohol test, or of refusal to participate in a drug oralcohol test, pursuant to G.S. 20‑37.19(c), the Division must disqualifya CDL holder from operating a commercial motor vehicle for a minimum of 30 daysand until receipt of proof of successful completion of assessment and treatmentby a substance abuse professional in accordance with 49 C.F.R. § 382.503.
(m) Disqualifications ofDrivers Who Are Determined to Constitute an Imminent Hazard. The Divisionshall withdraw the privilege to operate a commercial motor vehicle for anyresident of this State for a period of 30 days in accordance with 49 C.F.R. §383.52.
(n) Disqualificationfor Conviction of Criminal Offense That Requires Registration Under the SexOffender and Public Protection Registration Programs. Effective December 1,2009, except as otherwise provided by this subsection, a person convicted of aviolation that requires registration under Article 27A of Chapter 14 of theGeneral Statutes is disqualified from driving a commercial motor vehicle thatrequires a commercial drivers license with a P or S endorsement for the periodof time during which the person is required to maintain registration underArticle 27A of Chapter 14 of the General Statutes. If a person who isregistered pursuant to Article 27A of Chapter 14 of the General Statutes onDecember 1, 2009, also has a valid commercial drivers license with a P or Sendorsement that was issued on or before December 1, 2009, then the person isnot disqualified under this subsection until that license expires, provided theperson does not commit a subsequent offense that requires registration underArticle 27A of Chapter 14 of the General Statutes. (1989, c. 771, s. 3; 1991,c. 726, s. 8; 1993, c. 533, s. 5; 1998‑149, s. 3; 1998‑182, s. 19;2000‑109, s. 7(e); 2002‑72, s. 7; 2003‑397, s. 2; 2005‑156,s. 2; 2005‑349, s. 6; 2007‑492, s. 1; 2008‑175, s. 1; 2009‑416,s. 3; 2009‑491, s. 2.)