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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 23 : Motor Vehicles

Chapter 039 : COMMERCIAL DRIVER'S LICENSE ACT

(Cite as: 23 V.S.A. § 4116)
  • § 4116. Disqualification

    (a) Disqualification for one year; first violation. An individual 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 alcohol 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 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; or

    (8) operating a commercial motor vehicle in a negligent manner resulting in a fatal injury.

    (b) Disqualification for three years; transportation of a hazardous material. An individual 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) Disqualification for life. An individual shall be disqualified from driving a commercial motor vehicle for life if convicted of:

    (1) two or more separate violations listed in subsection (a) of this section arising from two or more separate occurrences;

    (2) 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 where the person used a motor vehicle in the commission of the offense; or

    (3) a felony involving an act or practice of severe forms of trafficking in persons, as defined in 22 U.S.C. § 7102(11), where the person used a motor vehicle in the commission of the offense.

    (d) Disqualification for 60 or 120 days; serious traffic violation. An individual 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 a third or subsequent serious traffic violation, arising from separate incidents occurring within a three-year period. A disqualification for 120 days shall be consecutive to any previous disqualification.

    (e) Disqualification for convictions involving a railroad-highway grade crossing violation.

    (1) An individual 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.

    (2) An individual 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.

    (3) An individual 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.

    (f) Surrender of license. An individual who is disqualified from driving a commercial motor vehicle shall surrender his or her Vermont commercial driver license not later than the effective date of the disqualification. Upon receipt of the individual's commercial driver's license, a Class D license shall be issued, provided the individual is otherwise eligible.

    (g) Rulemaking. 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 subdivision (c)(2) or (c)(3) of this section, may be reduced to a period of not less than 10 years.

    (h) [Repealed.]

    (i) [Repealed.]

    (j) [Repealed.]

    (k) Concurrent disqualification. An individual shall be disqualified for a term concurrent with any disqualification or suspension issued by the administrator of the Federal Motor Carrier Safety Administration. (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; 2009, No. 152 (Adj. Sess.), § 6; 2013, No. 20, § 1; 2013, No. 189 (Adj. Sess.), § 25; 2015, No. 47, § 53; 2017, No. 83, § 161(4); 2019, No. 149 (Adj. Sess.), § 25, eff. July 13, 2020.)