61-8-813. Suspension of commercial driver's license -- railroad crossing offenses. (1) The department shall suspend a person's commercial driver's license upon the report of a conviction of any of the following railroad crossing offenses or conduct:
(a) for drivers who are not required to always stop:
(i) failing to slow down and check that the tracks are clear of an approaching train or other on-track equipment; or
(ii) failing to stop before reaching the crossing if the tracks are not clear;
(b) for drivers who are always required to stop, failing to stop before driving onto the crossing;
(c) for all drivers:
(i) failing to have sufficient space to drive completely through the crossing without stopping;
(ii) failing to obey a traffic control device or the directions of an enforcement official at the crossing; or
(iii) failing to negotiate a crossing because of insufficient undercarriage clearance.
(2) Upon receipt of a report of a conviction of any railroad crossing offense or conduct described in subsection (1), the following suspension periods must be imposed:
(a) 60 days upon a first conviction;
(b) 120 days upon a second conviction within a 3-year period; or
(c) 1 year upon a third or subsequent conviction within a 3-year period.
History: En. Sec. 2, Ch. 428, L. 2003; amd. Sec. 6, Ch. 256, L. 2009.
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