2006 Georgia Code - 40-5-151

40-5-151. (a) Any person is disqualified from driving a commercial motor vehicle for a period of not less than one year: (1) If convicted of a first violation of: (A) Any offense specified in Code Section 40-5-54 that occurs while the person is driving or being in actual physical control of a moving commercial motor vehicle or a moving noncommercial vehicle; (B) Driving or being in actual physical control of a moving commercial motor vehicle while there is 0.04 percent or more by weight of alcohol in his or her blood, breath, or urine; (C) Driving or being in actual physical control of a moving noncommercial vehicle in violation of Code Section 40-6-391; or (D) Code Sections 16-8-2 through 16-8-9, if the property that was the subject of the theft was a vehicle engaged in commercial transportation as set forth in paragraph (8) of subsection (a) of Code Section 16-8-12; or (2) For refusal to submit to a test as prescribed in Code Section 40-5-55 to determine the driveŕs alcohol concentration while driving a commercial motor vehicle or a noncommercial motor vehicle. (b) Any person is disqualified from driving a commercial motor vehicle for a period of not less than three years if convicted of a first violation of using a commercial motor vehicle in the commission of a felony or for offenses specified in subsection (a) of this Code section, provided that the vehicle being operated or used in connection with such violation or commission of such felony is transporting a hazardous material required to be placarded under Section 105 of the Hazardous Material Transportation Act. (c) Any person is disqualified from driving a commercial motor vehicle for life if convicted of two or more violations of any of the offenses specified in subsection (a) of Code Section 40-5-54, paragraph (1) of subsection (b) of Code Section 40-5-146, or Code Section 40-6-391, the refusal to submit to state administered chemical testing as prescribed by Code Section 40-5-55, or any combination of those offenses or refusals, arising from two or more separate incidents. (d) The department may issue regulations establishing guidelines, including conditions, under which a disqualification for life under subsection (c) of this Code section may be reduced to a period of not less than ten years. The department is not authorized to make any other reduction in a term of disqualification or to issue a limited or other permit or license that would allow the operation of a commercial motor vehicle during the term of disqualification mandated by this Code section. (e) Any person is disqualified from driving a commercial motor vehicle for life who knowingly uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance. (f)(1) Except as otherwise provided by paragraph (2) of this subsection, any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations or 120 days if convicted of three serious traffic violations committed in a commercial motor vehicle or a noncommercial motor vehicle arising from separate incidents occurring within a three-year period as measured from the dates of arrests for which convictions were obtained. (2) If the serious traffic violation committed in a commercial motor vehicle is a railroad grade crossing violation, the person shall be disqualified from driving a commercial motor vehicle for a period of not less than 60 days upon the first conviction within a three-year period as measured from the dates of arrests for which convictions were obtained, for not less than 120 days if convicted of two railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained, or for not less than one year if convicted of three railroad grade crossing violations arising from separate incidents within a three-year period as measured from the dates of arrests for which convictions were obtained. (g)(1) Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders: (A) First violation — a driver who is convicted of a first violation of an out-of-service order is disqualified for a period of not less than 90 days and not more than one year; (B) Second violation — a driver who is convicted of two violations of out-of-service orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and (C) Third or subsequent violation — a driver who is convicted of three or more violations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years. (2) Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle, the operator of the commercial motor vehiclés employer, and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issuance of out-of-service orders and violations thereof shall be provided in rules and regulations promulgated by the commissioner. (3) Any person is disqualified for a period of not less than 180 days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if, during any ten-year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under Section 105 of the Hazardous Materials Transportation Act, or while operating commercial motor vehicles designed to transport more than 15 passengers, including the driver. (4) In addition to any other penalty imposed pursuant to this article, any driver who is convicted of a railroad grade crossing violation in a commercial vehicle shall be subject to a civil penalty of not less than $1,100.00 and not to exceed $2,750.00. (h) After suspending, revoking, or canceling a commercial driveŕs license, the department shall update its records to reflect that action within ten days. After suspending, revoking, or canceling a nonresident commercial driveŕs privileges, the department shall notify the licensing authority of the state which issued the commercial driveŕs license within ten days. (i) Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if it is determined, in a check of an applicant́s license status and record prior to issuing a commercial driveŕs license or at any time after the commercial driveŕs license is issued, that the applicant has falsified information on his or her application or any related filing. (j)(1) Any person is disqualified from driving a commercial vehicle for a period of not less than 30 days if the department receives notification from the Federal Motor Carrier Safety Administration that the person poses an imminent hazard. (2) If the Federal Motor Carrier Safety Administration notifies the department that a persońs driving constitutes an imminent hazard and imposes a disqualification greater than 30 days, the person shall be disqualified from driving a commercial vehicle for the period designated by the Federal Motor Carrier Safety Administration, not to exceed one year.

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