§ 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 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;

(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 a third or subsequent serious traffic violation, arising from separate incidents occurring within a three-year period. A disqualification for 120 days shall be issued to be consecutive with any previous disqualification.

(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 10 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 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).)