49-335. DISQUALIFICATIONS AND PENALTIES — COMMERCIAL DRIVER’S LICENSE. (1) Any person who operates a commercial motor vehicle or who holds a class A, B or C driver’s license is disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if convicted in the form of a judgment or withheld judgment of a first violation under any state or federal law of:
(a) Operating a motor vehicle while under the influence of alcohol or a controlled substance;
(b) Operating a commercial motor vehicle while the alcohol concentration of the person’s blood, breath or bodily substance is 0.04 or more;
(c) Leaving the scene of an accident involving a motor vehicle driven by the person;
(d) Using a motor vehicle in the commission of any felony;
(e) Operating a commercial motor vehicle when the person’s class A, B or C commercial driver’s license driving privileges were revoked, suspended or canceled, or during a time when such person was disqualified from operating a commercial motor vehicle, if the reason for such revocation, suspension, cancellation or disqualification was the result of a violation that occurred while the person was operating a commercial motor vehicle;
(f) Causing a fatality through negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.
(2) Any person who operates a commercial motor vehicle or who holds a class A, B or C driver’s license is disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if the person refuses to submit to or submits to and fails a test to determine the driver’s alcohol, drug or other intoxicating substances concentration while operating a motor vehicle.
(3) If any of the offenses specified in subsection (1) or (2) of this section occurred while transporting a hazardous material required to be placarded, the person is disqualified for a period of not less than three (3) years.
(4) A person is disqualified for the period of time specified in 49 CFR part 383 if found to have committed two (2) or more of any of the offenses specified in subsection (1) or (2) of this section, or any combination of those offenses, arising from two (2) or more separate incidents.
(5) A person is disqualified for the period of time specified in 49 CFR part 383 from operating a commercial motor vehicle who uses a motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession of a controlled substance with the intent to manufacture, distribute or dispense such controlled substance.
(6) A person is disqualified from operating a commercial motor vehicle for a period of not less than sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) or more serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three (3) year period. A conviction for reckless driving shall be considered a serious traffic violation if committed while operating a commercial motor vehicle or a noncommercial motor vehicle, as specified in 49 CFR part 383.
(7) A person who drives, operates, or is in physical control of a commercial motor vehicle within this state while having any detectable amount of alcohol in his system or who refuses to submit to an alcohol test must be placed out of service for twenty-four (24) hours and be subject to the provisions of section 18-8002, Idaho Code.
(8) It is unlawful to violate an out-of-service order. A person who is convicted in the form of a judgment or withheld judgment of a violation of an out-of-service order while driving a commercial motor vehicle is disqualified for not less than:
(a) One hundred eighty (180) days nor more than one (1) year for a first conviction;
(b) Two (2) years nor more than five (5) years for a second conviction arising from separate incidents during any ten (10) year period;
(c) Three (3) years nor more than five (5) years for three (3) or more convictions arising from separate incidents during any ten (10) year period.
(9) A person who is convicted in the form of a judgment or withheld judgment of a violation of an out-of-service order while driving a commercial motor vehicle and while transporting hazardous materials required to be placarded under the hazardous materials transportation act, or while operating motor vehicles designed to transport sixteen (16) or more people including the driver, is disqualified for not less than:
(a) One hundred eighty (180) days nor more than two (2) years for a first conviction;
(b) Three (3) years nor more than five (5) years for subsequent convictions arising from separate incidents in any ten (10) year period.
(10) A person is disqualified from operating a commercial motor vehicle if convicted of a railroad grade crossing violation as specified in 49 CFR part 383 or applicable state laws while operating a commercial motor vehicle. The disqualification shall be for a period of:
(a) Sixty (60) days for a first conviction;
(b) One hundred twenty (120) days for a second conviction during any three (3) year period;
(c) One (1) year for a third or subsequent conviction during any three (3) year period.
(11) A person is disqualified from operating a commercial motor vehicle if the federal motor carrier administration has determined the person’s driving constitutes an imminent hazard, as defined in 49 CFR 383.5.
(a) An imminent hazard disqualification may not exceed one (1) year in duration. The driver, or a representative on his or her behalf, may file an appeal of the disqualification with the assistant administrator, adjudications counsel, federal motor carrier safety administration.
(b) Any imminent hazard disqualification transmitted by the federal motor carrier safety administration shall become a part of the driver’s record.
(c) The imminent hazard disqualification shall run concurrent to any other existing disqualification.
(12) In addition to the disqualification periods in subsections (8) and (9) of this section, a driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand five hundred dollars ($2,500) for the first conviction and not less than five thousand dollars ($5,000) for any subsequent conviction.
History:
[49-335, added 1989, ch. 88, sec. 45, p. 187; am. 1990, ch. 45, sec. 30, p. 102; am. 1993, ch. 300, sec. 7, p. 1115; am. 1996, ch. 371, sec. 14, p. 1266; am. 1998, ch. 110, sec. 27, p. 410; am. 1999, ch. 81, sec. 15, p. 258; am. 2002, ch. 181, sec. 1, p. 528; am. 2005, ch. 352, sec. 9, p. 1109; am. 2006, ch. 164, sec. 8, p. 495; am. 2007, ch. 100, sec. 1, p. 303; am. 2009, ch. 155, sec. 1, p. 453; am. 2010, ch. 49, sec. 3, p. 91.]