60-4,168 Disqualification; when.
60-4,168. Disqualification; when.(1) Except as provided in subsections (2) and (3) of this section, a person shall be disqualified from driving a commercial motor vehicle for one year upon his or her first conviction, after April 1, 1992, in this or any other state for:(a) Driving a commercial motor vehicle in violation of section 60-6,196 or 60-6,197 or under the influence of a controlled substance or, beginning September 30, 2005, driving any motor vehicle in violation of section 60-6,196 or 60-6,197 or under the influence of a controlled substance;(b) Driving a commercial motor vehicle in violation of section 60-4,163 or 60-4,164;(c) Leaving the scene of an accident involving a commercial motor vehicle driven by the person or, beginning September 30, 2005, leaving the scene of an accident involving any motor vehicle driven by the person;(d) Using a commercial motor vehicle in the commission of a felony other than a felony described in subdivision (3)(b) of this section or, beginning September 30, 2005, using any motor vehicle in the commission of a felony other than a felony described in subdivision (3)(b) of this section;(e) Beginning September 30, 2005, driving a commercial motor vehicle after his or her commercial driver's license has been suspended, revoked, or canceled or the driver is disqualified from driving a commercial motor vehicle; or(f) Beginning September 30, 2005, causing a fatality through the negligent or criminal operation of a commercial motor vehicle.(2) Except as provided in subsection (3) of this section, if any of the offenses described in subsection (1) of this section occurred while a person was transporting hazardous material in a commercial motor vehicle which required placarding pursuant to section 75-364, the person shall, upon conviction or administrative determination, be disqualified from driving a commercial motor vehicle for three years.(3) A person shall be disqualified from driving a commercial motor vehicle for life if, after April 1, 1992, he or she:(a) Is convicted of or administratively determined to have committed a second or subsequent violation of any of the offenses described in subsection (1) of this section or any combination of those offenses arising from two or more separate incidents; or(b) Beginning September 30, 2005, used a commercial motor vehicle in the commission of a felony involving the manufacturing, distributing, or dispensing of a controlled substance.(4)(a) A person is disqualified from driving a commercial motor vehicle for a period of not less than sixty days if he or she is convicted in this or any other state of two serious traffic violations, or not less than one hundred twenty days if he or she is convicted in this or any other state of three serious traffic violations, arising from separate incidents occurring within a three-year period while operating a commercial motor vehicle.(b) A person is disqualified from driving a commercial motor vehicle for a period of not less than sixty days if he or she is convicted in this or any other state of two serious traffic violations, or not less than one hundred twenty days if he or she is convicted in this or any other state of three serious traffic violations, arising from separate incidents occurring within a three-year period while operating a motor vehicle other than a commercial motor vehicle if the convictions have resulted in the revocation, cancellation, or suspension of the person's operator's license or driving privileges.(5)(a) A person who is convicted of operating a commercial motor vehicle in violation of a federal, state, or local law or regulation pertaining to one of the following six offenses at a highway-rail grade crossing shall be disqualified for the period of time specified in subdivision (5)(b) of this section:(i) For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train;(ii) For drivers who are not required to always stop, failing to stop before reaching the crossing, if the tracks are not clear;(iii) For drivers who are always required to stop, failing to stop before driving onto the crossing;(iv) For all drivers, failing to have sufficient space to drive completely through the crossing without stopping;(v) For all drivers, failing to obey a traffic control device or the directions of an enforcement official at the crossing; or(vi) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance.(b)(i) A person shall be disqualified for not less than sixty days if the person is convicted of a first violation described in this subsection.(ii) A person shall be disqualified for not less than one hundred twenty days if, during any three-year period, the person is convicted of a second violation described in this subsection in separate incidents.(iii) A person shall be disqualified for not less than one year if, during any three-year period, the person is convicted of a third or subsequent violation described in this subsection in separate incidents.(6) For purposes of this section, controlled substance has the same meaning as in section 28-401.(7) For purposes of this section, conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law, in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court costs, or a violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated.(8) For purposes of this section, serious traffic violation means:(a) Speeding at or in excess of fifteen miles per hour over the legally posted speed limit;(b) Willful reckless driving as described in section 60-6,214 or reckless driving as described in section 60-6,213;(c) Improper lane change as described in section 60-6,139;(d) Following the vehicle ahead too closely as described in section 60-6,140;(e) A violation of any law or ordinance related to motor vehicle traffic control, other than parking violations or overweight or vehicle defect violations, arising in connection with an accident or collision resulting in death to any person;(f) Beginning September 30, 2005, driving a commercial motor vehicle without a commercial driver's license;(g) Beginning September 30, 2005, driving a commercial motor vehicle without a commercial driver's license in the operator's possession; and(h) Beginning September 30, 2005, driving a commercial motor vehicle without the proper class of commercial driver's license and any endorsements, if required, for the specific vehicle group being operated or for the passengers or type of cargo being transported on the vehicle. SourceLaws 1989, LB 285, § 118; Laws 1990, LB 980, § 24; Laws 1993, LB 191, § 6; Laws 1993, LB 370, § 93; Laws 1996, LB 323, § 11; Laws 2001, LB 773, § 13; Laws 2002, LB 499, § 3; Laws 2003, LB 562, § 16; Laws 2005, LB 76, § 15. AnnotationsProsecuting an individual for driving under the influence after the individual's commercial driver's license has been already disqualified does not violate double jeopardy. State v. Arterburn, 276 Neb. 47, 751 N.W.2d 157 (2008).The Legislature intended this section to be a civil sanction, and the statute is not so punitive in its purpose or effect as to negate the Legislature's intent. State v. Arterburn, 276 Neb. 47, 751 N.W.2d 157 (2008).