2005 Arizona Revised Statutes - Revised Statutes §28-3312  Mandatory disqualification of commercial driver license; definition

A. The department shall disqualify a person from driving a commercial motor vehicle as follows:

1. Except as provided in subsection F of this section and except as otherwise provided in this subsection, for at least one year from the date a person:

(a) Refuses a test in violation of section 28-1321.

(b) Is convicted of a first violation of any of the following:

(i) Driving a commercial motor vehicle under the influence of intoxicating liquor or a controlled substance or while having an alcohol concentration of 0.04 or more.

(ii) Leaving the scene of an accident involving a motor vehicle driven by the person.

(iii) Using a motor vehicle in the commission of a felony.

(iv) A violation of chapter 4, article 3 of this title while operating a noncommercial motor vehicle.

2. For at least three years, if any of the violations prescribed in paragraph 1 of this subsection occurred while the person was transporting a hazardous material in the quantity and under the circumstances that require placarding of the transport vehicle under the department's safety rules pursuant to chapter 14 of this title.

3. Except as provided in subsection B or C of this section, for the life of the person, if the person is convicted of two or more violations of any of the offenses prescribed in paragraph 1 of this subsection or of any combination of those offenses arising from two or more separate incidents. The department shall consider only offenses committed from and after December 31, 1989 in applying this paragraph.

4. For the life of the person, if the person uses any motor vehicle in the commission of a felony involving the manufacture, distribution or dispensing of a controlled substance or possession with intent to manufacture, distribute or dispense a controlled substance.

5. For at least sixty consecutive days, if the person is convicted of two serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three year period from the date of the conviction.

6. For at least one hundred twenty consecutive days, if the person is convicted of three serious traffic violations committed in a motor vehicle arising from separate incidents occurring within a three year period from the date of the conviction.

B. Except as provided in subsection C of this section, a person who is found responsible for violating an out-of-service order pursuant to section 28-5241 is disqualified from driving a commercial motor vehicle as follows:

1. For a period of ninety days if the person is found responsible for a first violation of an out-of-service order.

2. For a period of one year if the person is found responsible for a second violation of any out-of-service order during any ten year period arising from separate incidents.

3. For a period of three years if the person is found responsible for a third or subsequent violation of any out-of-service order during any ten year period arising from separate incidents.

C. A person who is found responsible for violating an out-of-service order pursuant to section 28-5241 while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport sixteen or more passengers, including the driver, is disqualified from driving a commercial motor vehicle as follows:

1. For a period of one hundred eighty days if the person is found responsible for a first violation of an out-of-service order.

2. For a period of three years if the person is found responsible for a second or subsequent violation of any out-of-service order during any ten year period arising from separate incidents.

D. A person who is convicted of or found responsible for violating any federal, state or local railroad grade crossing law, ordinance or regulation is disqualified from driving a commercial motor vehicle as follows:

1. For a period of sixty days if a person is convicted of or found responsible for a first violation.

2. For a period of one hundred twenty days if a person is convicted of or found responsible for a second violation during any three year period.

3. For a period of one year if a person is convicted of or found responsible for a third or subsequent violation during any three year period.

E. The department shall permanently disqualify a person from driving a commercial motor vehicle if the person does any of the following:

1. More than once refuses a test in violation of section 28-1321 if the refusals involve more than one incident.

2. More than once is convicted of violating chapter 4, article 3 of this title.

3. More than once uses a noncommercial motor vehicle in the commission of a felony.

F. If a federal agency determines that a commercial motor vehicle licensee is driving in a manner that constitutes an imminent hazard, the department, on receipt of notification by the federal government, shall disqualify the driver for a period not to exceed one year. For the purposes of this subsection, "imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury or a substantial endangerment to health, property or the environment may occur before the reasonably foreseeable completion date of a formal proceeding to decrease the risk of death, illness, injury or endangerment.

G. The department shall keep records of findings of responsibility for a civil traffic violation and of conviction of any moving criminal traffic violation for a commercial driver licensee if the violations arise from a commercial motor vehicle or a noncommercial motor vehicle.

H. A person found responsible within three years for a second violation of any of the following shall be disqualified from driving a commercial motor vehicle for a period of sixty days and for a period of one hundred twenty days for a third or subsequent violation of any of the following:

1. Driving a commercial motor vehicle when the person has not been issued a valid commercial driver license.

2. Driving a commercial motor vehicle without a commercial driver license in the person's possession.

3. Driving a commercial motor vehicle without having a valid endorsement for the type of commercial motor vehicle or motor vehicle combination being operated.

I. Disqualification for an offense committed by a commercial driver license holder while operating a noncommercial motor vehicle applies only if the conviction results in the revocation, cancellation or suspension of the person's commercial driver license or noncommercial driver license.

J. The department may adopt rules establishing guidelines and conditions under which the department may reduce a disqualification for life pursuant to subsection A, paragraph 3 of this section to a disqualification of at least ten years. If a person's disqualification is reduced pursuant to rules adopted pursuant to this subsection and the person is subsequently disqualified pursuant to subsection A, paragraph 3 of this section, the person is permanently disqualified from driving a commercial vehicle and is not eligible to apply for a reduction of the disqualification pursuant to rules adopted pursuant to this subsection.

K. If criminal convictions or civil traffic violations result in multiple disqualifications or if a person is serving a disqualification and is subsequently convicted of an offense or found responsible for a civil traffic violation the result of which would be an additional disqualification, the disqualifications shall run consecutively unless the court expressly directs otherwise. If the court expressly directs otherwise, the court shall set forth on the record the reason for its sentence.

L. For the purposes of this section, "serious traffic violation" means a conviction for any of the following:

1. Excessive speeding involving a single offense for a speed of fifteen miles per hour or more above the posted speed limit.

2. Reckless driving as provided by section 28-693.

3. Aggressive driving as provided by section 28-695.

4. Racing as defined in section 28-708.

5. Improper or erratic traffic lane changes as provided by section 28-729.

6. Following the vehicle ahead too closely as provided by section 28-730.

7. A violation of this title that is connected with a fatal traffic accident.