53-3-414 - CDL disqualification or suspension -- Grounds and duration -- Procedure.
53-3-414. CDL disqualification or suspension -- Grounds and duration --Procedure.
(1) A person who holds or is required to hold a CDL is disqualified from driving acommercial motor vehicle for a period of not less than one year if convicted of a first offense of:
(a) driving a motor vehicle while under the influence of alcohol, drugs, a controlledsubstance, or more than one of these;
(b) driving a commercial motor vehicle while the concentration of alcohol in the person'sblood, breath, or urine is .04 grams or more;
(c) leaving the scene of an accident involving a motor vehicle the person was driving;
(d) failing to provide reasonable assistance or identification when involved in an accidentresulting in:
(i) death in accordance with Section 41-6a-401.5; or
(ii) personal injury in accordance with Section 41-6a-401.3;
(e) using a motor vehicle in the commission of a felony;
(f) refusal to submit to a test to determine the concentration of alcohol in the person'sblood, breath, or urine;
(g) driving a commercial motor vehicle while the person's commercial driver license isdisqualified in accordance with the provisions of this section for violating an offense described inthis section; or
(h) operating a commercial motor vehicle in a negligent manner causing the death ofanother including the offenses of automobile homicide under Section 76-5-207, manslaughterunder Section 76-5-205, or negligent homicide under Section 76-5-206.
(2) If any of the violations under Subsection (1) occur while the driver is transporting ahazardous material required to be placarded, the driver is disqualified for not less than threeyears.
(3) (a) Except as provided under Subsection (4), a driver of a motor vehicle who holds oris required to hold a CDL is disqualified for life from driving a commercial motor vehicle ifconvicted of or administrative action is taken for two or more of any of the offenses underSubsection (1), (5), or (14) arising from two or more separate incidents.
(b) Subsection (3)(a) applies only to those offenses committed after July 1, 1989.
(4) (a) Any driver disqualified for life from driving a commercial motor vehicle underthis section may apply to the division for reinstatement of the driver's CDL if the driver:
(i) has both voluntarily enrolled in and successfully completed an appropriaterehabilitation program that:
(A) meets the standards of the division; and
(B) complies with 49 C.F.R. Part 383.51;
(ii) has served a minimum disqualification period of 10 years; and
(iii) has fully met the standards for reinstatement of commercial motor vehicle drivingprivileges established by rule of the division.
(b) If a reinstated driver is subsequently convicted of another disqualifying offense underthis section, the driver is permanently disqualified for life and is ineligible to again apply for areduction of the lifetime disqualification.
(5) A driver of a motor vehicle who holds or is required to hold a CDL is disqualified forlife from driving a commercial motor vehicle if the driver uses a motor vehicle in thecommission of any felony involving the manufacturing, distributing, or dispensing of a controlled
substance, or possession with intent to manufacture, distribute, or dispense a controlled substanceand is ineligible to apply for a reduction of the lifetime disqualification under Subsection (4).
(6) (a) Subject to Subsection (6)(b), a driver of a commercial motor vehicle who holds oris required to hold a CDL is disqualified for not less than:
(i) 60 days from driving a commercial motor vehicle if the driver is convicted of twoserious traffic violations; and
(ii) 120 days if the driver is convicted of three or more serious traffic violations.
(b) The disqualifications under Subsection (6)(a) are effective only if the serious trafficviolations:
(i) occur within three years of each other;
(ii) arise from separate incidents; and
(iii) involve the use or operation of a commercial motor vehicle.
(c) If a driver of a commercial motor vehicle who holds or is required to hold a CDL isdisqualified from driving a commercial motor vehicle and the division receives notice of asubsequent conviction for a serious traffic violation that results in an additional disqualificationperiod under this Subsection (6), the subsequent disqualification period is effective beginning onthe ending date of the current serious traffic violation disqualification period.
(7) (a) A driver of a commercial motor vehicle who is convicted of violating anout-of-service order while driving a commercial motor vehicle is disqualified from driving acommercial motor vehicle for a period not less than:
(i) 180 days if the driver is convicted of a first violation;
(ii) two years if, during any 10 year period, the driver is convicted of two violations ofout-of-service orders in separate incidents;
(iii) three years but not more than five years if, during any 10 year period, the driver isconvicted of three or more violations of out-of-service orders in separate incidents;
(iv) 180 days but not more than two years if the driver is convicted of a first violation ofan out-of-service order while transporting hazardous materials required to be placarded or whileoperating a motor vehicle designed to transport 16 or more passengers, including the driver; or
(v) three years but not more than five years if, during any 10 year period, the driver isconvicted of two or more violations, in separate incidents, of an out-of-service order whiletransporting hazardous materials required to be placarded or while operating a motor vehicledesigned to transport 16 or more passengers, including the driver.
(b) A driver of a commercial motor vehicle who is convicted of a first violation of anout-of-service order is subject to a civil penalty of not less than $2,500.
(c) A driver of a commercial motor vehicle who is convicted of a second or subsequentviolation of an out-of-service order is subject to a civil penalty of not less than $5,000.
(8) A driver of a commercial motor vehicle who holds or is required to hold a CDL isdisqualified for not less than 60 days if the division determines, in its check of the driver's driverlicense status, application, and record prior to issuing a CDL or at any time after the CDL isissued, that the driver has falsified information required to apply for a CDL in this state.
(9) A driver of a commercial motor vehicle who is convicted of violating arailroad-highway grade crossing provision under Section 41-6a-1205, while driving a commercialmotor vehicle is disqualified from driving a commercial motor vehicle for a period not less than:
(a) 60 days if the driver is convicted of a first violation;
(b) 120 days if, during any three-year period, the driver is convicted of a second violation
in separate incidents; or
(c) one year if, during any three-year period, the driver is convicted of three or moreviolations in separate incidents.
(10) (a) The division shall update its records and notify the CDLIS within 10 days ofsuspending, revoking, disqualifying, denying, or cancelling a CDL to reflect the action taken.
(b) When the division suspends, revokes, cancels, or disqualifies a nonresident CDL, thedivision shall notify the licensing authority of the issuing state or other jurisdiction and theCDLIS within 10 days after the action is taken.
(c) When the division suspends, revokes, cancels, or disqualifies a CDL issued by thisstate, the division shall notify the CDLIS within 10 days after the action is taken.
(11) (a) The division may immediately suspend or disqualify the CDL of a driver withouta hearing or receiving a record of the driver's conviction when the division has reason to believethat the:
(i) CDL was issued by the division through error or fraud;
(ii) applicant provided incorrect or incomplete information to the division;
(iii) applicant cheated on any part of a CDL examination;
(iv) driver no longer meets the fitness standards required to obtain a CDL; or
(v) driver poses an imminent hazard.
(b) Suspension of a CDL under this Subsection (11) shall be in accordance with Section53-3-221.
(c) If a hearing is held under Section 53-3-221, the division shall then rescind thesuspension order or cancel the CDL.
(12) (a) Subject to Subsection (12)(b), a driver of a motor vehicle who holds or isrequired to hold a CDL is disqualified for not less than:
(i) 60 days from driving a commercial motor vehicle if the driver is convicted of twoserious traffic violations; and
(ii) 120 days if the driver is convicted of three or more serious traffic violations.
(b) The disqualifications under Subsection (12)(a) are effective only if the serious trafficviolations:
(i) occur within three years of each other;
(ii) arise from separate incidents; and
(iii) result in a denial, suspension, cancellation, or revocation of the non-CDL drivingprivilege from at least one of the violations.
(c) If a driver of a motor vehicle who holds or is required to hold a CDL is disqualifiedfrom driving a commercial motor vehicle and the division receives notice of a subsequentconviction for a serious traffic violation that results in an additional disqualification period underthis Subsection (12), the subsequent disqualification period is effective beginning on the endingdate of the current serious traffic violation disqualification period.
(13) (a) Upon receiving a notice that a person has entered into a plea of guilty or nocontest to a violation of a disqualifying offense described in this section which plea is held inabeyance pursuant to a plea in abeyance agreement, the division shall disqualify, suspend, cancel,or revoke the person's CDL for the period required under this section for a conviction of thatdisqualifying offense, even if the charge has been subsequently reduced or dismissed inaccordance with the plea in abeyance agreement.
(b) The division shall report the plea in abeyance to the CDLIS within 10 days of taking
the action under Subsection (13)(a).
(c) A plea which is held in abeyance may not be removed from a person's driving recordfor 10 years from the date of the plea in abeyance agreement, even if the charge is:
(i) reduced or dismissed in accordance with the plea in abeyance agreement; or
(ii) expunged under Section 77-40-105.
(14) The division shall disqualify the CDL of a driver for an arrest of a violation ofSection 41-6a-502 when administrative action is taken against the operator's driving privilegepursuant to Section 53-3-223 for a period of:
(a) one year; or
(b) three years if the violation occurred while transporting hazardous materials.
(15) The division may concurrently impose any disqualification periods that arise underthis section while a driver is disqualified by the Secretary of the United States Department ofTransportation under 49 C.F.R. 383.52 for posing an imminent hazard.
Amended by Chapter 196, 2010 General Session
Amended by Chapter 283, 2010 General Session