Section 28.33.140. Conviction resulting in disqualification from driving commercial vehicle.

   (a) In addition to any court action or administrative action in this or any other jurisdiction, conviction of a person who holds or is required to have a commercial driver's license or commercial instruction permit of any of the following offenses is grounds for immediate disqualification from driving a commercial motor vehicle for the periods set out in this section:
        (1) operating a commercial motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance in violation of AS 28.33.030;
        (2) refusal to submit to a chemical test in violation of AS 28.35.032;
        (3) operating a motor vehicle while under the influence of an alcoholic beverage, inhalant, or controlled substance in violation of AS 28.35.030;
        (4) leaving the scene of an accident in violation of AS 28.35.060, or failing to file, or providing false information in, an accident report in violation of AS 28.35.110;
        (5) a felony under state or federal law that was facilitated because the person used a motor vehicle;
        (6) a serious traffic violation;
        (7) taking one of the following actions in violation of regulations adopted under AS 19.10.060(c) or AS 28.05.011:
             (A) driving after being placed out of service; or
             (B) operating a commercial vehicle that has been placed out of service;
        (8) operating a commercial motor vehicle in violation of a federal or state statute or regulation, or a local law or ordinance, relating to railroad-highway grade crossings;
        (9) operating a commercial motor vehicle while the driver's commercial motor vehicle license is suspended, revoked, or canceled, or the driver is disqualified;
        (10) causing a fatality through the negligent operation, or operation in violation of a felony criminal law, of a commercial motor vehicle.
   (b)  [Repealed, Sec. 31 ch 23 SLA 2007].  
   (c) Upon a conviction by a court of a person of an offense described in (a)(6) of this section, the department shall disqualify that person from driving a commercial motor vehicle for not less than 60 days if the person has been previously convicted once, and 120 days if the person has been previously convicted more than once. The disqualification period under this subsection is in addition to any other previously imposed period of disqualification. As used in this subsection, "previously convicted" means having been convicted in this or another jurisdiction, within three years preceding the date of the present offense, of an offense described in (a)(6) of this section, or of another law or ordinance with substantially similar elements, arising out of a separate incident.
   (d) Upon conviction by a court of a person of an offense described in (a)(1) - (5), (9), or (10) of this section, the department shall disqualify that person from driving a commercial motor vehicle for not less than one year for a first offense, except that, if the offense was
        (1) facilitated by a commercial motor vehicle transporting a hazardous material that required that placards be placed on the vehicle under 49 U.S.C. 5101 - 5127, the period of disqualification is not less than three years;
        (2) a felony offense that involved the manufacture, distribution, or dispensing, or possession with intent to manufacture, distribute, or dispense, a controlled substance, the disqualification is for life and the license may not be reinstated under (g) of this section.
   (e) Upon conviction by a court of a person of an offense described in (a)(1) - (5), (9), or (10) of this section, the department shall disqualify that person from driving a commercial motor vehicle for life if the person has been previously convicted. As used in this subsection, "previously convicted" means having been convicted in this or another jurisdiction of an offense described in (a)(1) - (5), (9), or (10) of this section, or of another law or ordinance with substantially similar elements.
   (f) A person who is disqualified under this section may not obtain a limited license under AS 28.15.201 to permit driving a commercial motor vehicle.
   (g) A person disqualified for life under (e) of this section may apply to the department for reinstatement of a commercial driver's license if
        (1) the person has successfully completed an appropriate rehabilitation program satisfactory to the department;
        (2) the person has not committed a felony offense, or a misdemeanor offense involving operation of a motor vehicle, during the period of disqualification; and
        (3) the person has undergone a minimum disqualification period of 10 years.
   (h) A disqualified driver reinstated under (g) of this section who is subsequently convicted of a disqualifying offense described in (a)(1) - (5) of this section is permanently disqualified for life and is ineligible to again apply for reinstatement under (g) of this section.
   (i) In addition to the requirements of AS 28.15.191, a court that disqualifies a person from driving a commercial motor vehicle shall require the surrender of the license, and shall immediately forward the license to the department with the record of conviction and notification of the effective date of the disqualification. If the disqualification occurs by administrative action as described in (a) of this section, the person disqualified from driving shall surrender the license to the department.
   (j) Upon conviction by a court of a person of an offense described in (a)(7) of this section, the department shall disqualify that person from driving a commercial motor vehicle for the following periods: (1) if the person has not been previously convicted of violating an out-of-service order, not less than 180 days; (2) if the person has been previously convicted once of violating an out-of-service order, not less than two years; (3) if the person has been previously convicted more than once of violating an out-of-service order, not less than three years; (4) if the person operates a commercial motor vehicle transporting hazardous materials or a vehicle designed to transport 16 or more passengers, including the driver, in violation of an out-of-service order, not less than 180 days; (5) if the person has been previously convicted of operating a commercial motor vehicle transporting hazardous materials or a vehicle designed to transport 16 or more passengers, including the driver, in violation of an out-of-service order two or more times in separate incidents within a 10-year period, not less than three years. In this subsection, "previously convicted" means having been convicted in this or another jurisdiction of an offense described in (a)(7) of this section within 10 years preceding the date of the present offense.
   (k) Upon conviction by a court of a person of an offense described in (a)(8) of this section, the department shall disqualify that person from operating a commercial motor vehicle for the following periods: (1) if the person has not been previously convicted of violating a federal or state statute or regulation, or a local law or ordinance, relating to railroad-highway grade crossings, not less than 60 days; (2) if the person has been previously convicted once of violating a federal or state statute or regulation, or a local law or ordinance, relating to railroad-highway grade crossings, not less than 120 days; (3) if the person has been previously convicted more than once of a violation of a federal or state statute or regulation, or a local law or ordinance, relating to railroad-highway grade crossings, not less than one year. In this subsection, "previously convicted" means having been convicted in this or another jurisdiction of an offense described in (a)(8) of this section within three years proceeding the date of the present offense.
   (l) A person who operates a commercial motor vehicle whose driving is determined by the United States Department of Transportation to constitute an imminent hazard is subject to disqualification as specified by the department in regulation. The regulations adopted by the department under this subsection must be substantially similar to those set by the federal government.
   (m) A person who violates the standards for operating a commercial motor vehicle or who knowingly operates a commercial motor vehicle that has been placed out of service as set out by the department in regulation is subject to civil penalties established by the department in regulation. An employer who knowingly allows an employee to drive in violation of an out-of-service order or in violation of a railroad-highway grade crossing is subject to civil penalties as described in 49 U.S.C. 521(b) as established by the department in regulation. The department may adopt regulations under AS 44.62 to implement this subsection. The regulations adopted under this subsection must be substantially similar to any applicable federal regulations. In this subsection, "knowingly" has the meaning given in AS 11.81.900.

Authorities

28.15.046;28.15.165

Notes

Implemented As

2 AAC 90.045
2 AAC 90.050
2 AAC 90.230

References

2 AAC 90.100
2 AAC 90.150
2 AAC 91.170
AS 28.15.046 Licensing of school bus drivers.
AS 28.15.165 Administrative revocations and disqualifications resulting from chemical sobriety tests and refusals to submit to tests.

History

(Sec. 19 ch 3 SLA 1992; am Sec. 22, 23 ch 6 FSSLA 1996; am Sec. 16 ch 33 SLA 1999; am Sec. 26 ch 60 SLA 2002; am Sec. 2, 3 ch 36 SLA 2003; am Sec. 3 ch 80 SLA 2003; am Sec. 16 - 23, 31 ch 23 SLA 2007; am Sec. 11, 12 ch 80 SLA 2014)