2005 California Vehicle Code Sections 15300-15325 Article 7. Sanctions

VEHICLE CODE
SECTION 15300-15325

15300.  (a) A driver of a commercial motor vehicle may not operate a
commercial motor vehicle for a period of one year if the driver is
convicted of a first violation of any of the following:
   (1) Subdivision (a) or (b) of Section 23152.
   (2) Subdivision (d) of Section 23152.
   (3) Subdivision (a) or (b) of Section 23153.
   (4) Subdivision (d) of Section 23153.
   (5) Leaving the scene of an accident involving a commercial motor
vehicle operated by the driver.
   (6) Using a motor vehicle to commit a felony, other than a felony
described in Section 15304.
   (7) Driving a commercial motor vehicle when the driver's
commercial driver's license is revoked, suspended, or canceled based
on the driver's operation of a commercial motor vehicle or when the
driver is disqualified from operating a commercial motor vehicle
based on the driver's operation of a commercial motor vehicle.
   (8) Causing a fatality involving conduct defined pursuant to
subparagraph (E) of paragraph (1) of subsection (b) of Section 31310
of Title 49 of the United States Code.
   (9) While operating a motor vehicle, refuses to submit to, or
fails to complete, a chemical test or tests pursuant to Section
23612.
   (10) A violation of Section 2800.1, 2800.2, or 2800.3 that
involves a commercial motor vehicle.
   (b) If any of the above violations, or a violation listed in
paragraph (2) of subdivision (a) of Section 13350 or Section 13352 or
13357, occurred while transporting a hazardous material, the period
specified in subdivision (a) shall be three years.
   (c) This section shall become operative on September 20, 2005.
15302.  A driver of a commercial motor vehicle may not operate a
commercial motor vehicle for the rest of his or her life if convicted
of more than one violation of any of the following:
   (a) Subdivision (a) or (b) of Section 23152.
   (b) Subdivision (d) of Section 23152.
   (c) Subdivision (a) or (b) of Section 23153.
   (d) Subdivision (d) of Section 23153.
   (e) Leaving the scene of an accident involving a commercial motor
vehicle operated by the driver.
   (f) Using a motor vehicle to commit a felony, other than a felony
described in Section 15304.
   (g) Driving a commercial motor vehicle when the driver's
commercial driver's license is revoked, suspended, or canceled based
on the driver's operation of a commercial motor vehicle or when the
driver is disqualified from operating a commercial motor vehicle
based on the driver's operation of a commercial motor vehicle.
   (h) Causing a fatality involving conduct defined pursuant to
subparagraph (E) of paragraph (1) of subsection (c) of Section 31310
of Title 49 of the United States Code.
   (i) While operating a motor vehicle, refuses to submit to, or
fails to complete, a chemical test or tests in violation of Section
23612.
   (j) A violation of Section 2800.1, 2800.2, or 2800.3 that involves
a commercial motor vehicle.
   (k) Any combination of the above violations or a violation listed
in paragraph (2) of subdivision (a) of Section 13350 or Section 13352
or 13357 that occurred while transporting a hazardous material.
   (l) This section shall become operative on September 20, 2005.
15304.  (a) A driver may not operate a commercial motor vehicle for
the rest of his or her life who uses a motor vehicle in the
commission of a felony involving manufacturing, distributing, or
dispensing a controlled substance, or possession with intent to
manufacture, distribute, or dispense a controlled substance.
   (b) This section shall become operative on September 20, 2005.
15306.  (a) A driver may not operate a commercial motor vehicle for
a period of 60 days if the person is convicted of a serious traffic
violation involving a commercial motor vehicle and the offense
occurred within three years of a separate offense of a serious
traffic violation that resulted in a conviction.
   (b) A driver may not operate a commercial motor vehicle for a
period of 60 days when the person is convicted of a serious traffic
violation involving a noncommercial motor vehicle, if the conviction
for the offense resulted in the revocation, cancellation, or
suspension of the driver's license, and the offense occurred within
three years of a separate offense of a serious traffic violation that
resulted in a conviction.
   (c) This section shall become operative on September 20, 2005.
15308.  (a) A driver may not operate a commercial motor vehicle for
a period of 120 days if the person is convicted of a serious traffic
violation involving a commercial motor vehicle and the offense
occurred within three years of two or more separate offenses of
serious traffic violations that resulted in convictions.
   (b) A driver may not operate a commercial motor vehicle for a
period of 120 days when the person is convicted of a serious traffic
violation involving a noncommercial motor vehicle, if the conviction
for the offense resulted in the revocation, cancellation, or
suspension of the driver's license, and the offense occurred within
three years of two or more separate offenses of serious traffic
violations that resulted in convictions.
   (c) This section shall become operative on September 20, 2005.
15309.  In addition to any other action taken under this code, no
driver may operate a commercial motor vehicle for a period of 60 days
if the department determines, after a hearing, that the person
falsified information on his or her application for a driver's
license in violation of the standards set forth in subpart J of part
383 or Section 383.71(a) of Title 49 of the Code of Federal
Regulations.
15311.  (a) A driver may not operate a commercial motor vehicle for
a period of 90 days if the person is convicted of a first violation
of an out-of-service order under subdivision (b) of Section 2800.
   (b) A driver may not operate a commercial motor vehicle for a
period of 180 days if the person is convicted of violating an
out-of-service order under subdivision (b) of Section 2800 while
transporting hazardous materials required to be placarded or while
operating a vehicle designed to transport 16 or more passengers,
including the driver.
   (c) A driver may not operate a commercial motor vehicle for a
period of one year if the person is convicted of a second violation
of an out-of-service order under subdivision (b) of Section 2800
during any 10-year period, arising from separate incidents.
   (d) A driver may not operate a commercial motor vehicle for a
period of three years if the person is convicted of a second
violation of an out-of-service order under subdivision (b) of Section
2800 while transporting hazardous materials that are required to be
placarded or while operating a vehicle designed to transport 16 or
more passengers, including the driver.
   (e) In addition to the disqualification period required in
subdivision (a), (b), (c), or (d), a driver who is convicted of
violating an out-of-service order under subdivision (b) of Section
2800 is subject to a civil penalty of not less than one thousand one
hundred dollars ($1,100) nor more than two thousand seven hundred
fifty dollars ($2,750).
   (f) A driver may not operate a commercial motor vehicle for a
period of three years if the person is convicted of a third or
subsequent violation of an out-of-service order under subdivision (b)
of Section 2800 during any 10-year period, arising from separate
incidents.
   (g) This section shall become operative on September 20, 2005.
15311.1.  (a) An employer that knowingly allows or requires an
employee to operate a commercial motor vehicle in violation of an
out-of-service order is, upon conviction, subject to a civil penalty
of not less than two thousand seven hundred fifty dollars ($2,750)
nor more than eleven thousand dollars ($11,000).
   (b) This section shall become operative on September 20, 2005.
15312.  (a) A driver may not operate a commercial motor vehicle for
the following periods:
   (1) Not less than 60 days if that person is convicted of a
violation of subdivision (a) of Section 2800, or Section 21462,
22451, or 22452, or subdivision (c) of Section 22526, involving a
commercial motor vehicle and the violation occurred at a
railroad-highway crossing.
   (2) Not less than 120 days if that person is convicted of a
violation of subdivision (a) of Section 2800, or Section 21462,
22451, or 22452, or subdivision (c) of Section 22526, involving a
commercial motor vehicle, and that violation occurred at a
railroad-highway crossing, during any three-year period of a
separate, prior offense of a railroad-highway grade crossing
violation, that resulted in a conviction.
   (3) Not less than one year if that person is convicted of a
violation of subdivision (a) of Section 2800, or Section 21462,
22451, or 22452, or subdivision (c) of Section 22526, involving a
commercial motor vehicle, and that violation occurred at a
railroad-highway crossing, at a railroad-highway grade crossing,
during any three-year period of two or more prior offenses of a
railroad-highway grade crossing violation, that resulted in
convictions.
   (b) This section shall become operative on September 20, 2005.
15312.1.  (a) An employer that knowingly allows or requires an
employee to operate a commercial motor vehicle in violation of a
federal, state, or local law or regulation pertaining to railroad
crossings is, upon conviction, subject to a civil penalty of not more
than ten thousand dollars ($10,000).
   (b) This section shall become operative on September 20, 2005.
15315.  (a) The department shall not issue a commercial driver's
license to a person during a period in which the person is prohibited
from operating a commercial motor vehicle, or the person's driving
privilege is suspended, revoked, or  canceled.
   (b) No commercial driver's license may be issued to a person who
has a commercial driver's license issued by any other state unless
the person first surrenders the commercial driver's license issued by
the other state, which license shall be returned to the issuing
state.
15319.  The department may execute or make agreements, arrangements,
or declarations to carry out this chapter.
15320.  The department shall suspend, revoke, or cancel, the
privilege of any person to operate a commercial motor vehicle for the
periods specified in this article upon receipt of a duly certified
abstract of the record of any court that the person has been
convicted of any of the offenses set forth in this article.
15325.  (a) Pursuant to subpart D of Part 383 of Title 49 of the
Code of Federal Regulations, a driver whose driving is determined to
constitute an imminent hazard is disqualified from operating a
commercial motor vehicle for the period specified by the Federal
Motor Carrier Safety Administration.
   (b) The disqualification action shall be made part of the driver's
record.
   (c) A driver who is simultaneously disqualified under this section
and any other state law or regulation, shall serve those
disqualification periods concurrently.
   (d) This section shall become operative on September 20, 2005.


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