§ 4116 - Disqualification
§ 4116. Disqualification
(a) A person shall be disqualified from driving a commercial motor vehicle for a period of one year if convicted of a first violation of:
(1) operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of 0.04 or more or under the influence, as defined in section 1218 of this title;
(2) failure to stop, as defined in section 1128 of this title;
(3) using a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one year;
(4) refusal to submit to a test to determine the operator's alcohol concentration, as provided in section 1205, 1218, or 1219 of this title;
(5) operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway with an alcohol concentration of 0.08 or more or under the influence of intoxicating liquor or other substance, as defined in section 1201 of this title;
(6) operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely as provided in section 1201 of this title;
(7) operating or attempting to operate a commercial motor vehicle while the license is revoked, suspended, cancelled, or disqualified;
(8) operating a commercial motor vehicle in a negligent manner resulting in a fatal injury.
(b) A person shall be disqualified from driving a commercial motor vehicle for three years if convicted of a violation listed in subsection (a) of this section, if the violation occurred while transporting a hazardous material required to be placarded.
(c) A person shall be disqualified from driving a commercial motor vehicle for life if convicted of two or more separate violations listed in subsection (a) of this section arising from two or more separate occurrences.
(d) A person shall be disqualified from driving a commercial motor vehicle for a period of 60 days if convicted of two serious traffic violations, or 120 days if convicted of three serious traffic violations, arising from separate incidents occurring within a three-year period.
(e) A person shall be disqualified from driving a commercial motor vehicle for life if the person uses a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one year involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug and for which the person was convicted.
(f) A person who is disqualified from driving a commercial motor vehicle shall surrender his or her Vermont commercial driver license no later than the effective date of the disqualification. Upon receipt of the person's commercial driver license, a Class D license shall be issued, provided the individual is otherwise eligible.
(g) The commissioner shall adopt rules establishing guidelines, including conditions, under which a disqualification for life under this section, except for a disqualification issued pursuant to subsection (e) of this section, may be reduced to a period of not less than ten years.
(h) A person shall be disqualified from driving a commercial motor vehicle for a period of 60 days if the driver is convicted of a first violation of a railroad-highway grade crossing violation.
(i) A person shall be disqualified from driving a commercial motor vehicle for a period of 120 days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in a separate incident.
(j) A person shall be disqualified from driving a commercial motor vehicle for a period of one year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents.
(k) A person shall be disqualified for a term concurrent with any disqualification issued by the administrator of the Federal Motor Carrier Safety Administration pursuant to 49 C.F.R. part 383.52. (Added 1991, No. 88, § 12, eff. April 1, 1992; amended 2003, No. 26, § 5; 2005, No. 37, § 8; 2005, No. 166 (Adj. Sess.), §§ 6, 7.)