2006 Code of Virginia § 46.2-341.18 - Disqualification for certain offenses

46.2-341.18. Disqualification for certain offenses.

A. Except as otherwise provided in this section, the Commissioner shalldisqualify for a period of one year any person whose record, as maintained bythe Department of Motor Vehicles, shows that he has been convicted of any ofthe following offenses, if such offense was committed while operating acommercial motor vehicle:

1. A violation of any provision of 46.2-341.21 or a violation of anyfederal law or the law of another jurisdiction substantially similar to 46.2-341.21;

2. A violation of any provision of 46.2-341.24 or a violation of anyfederal law or the law of another state substantially similar to 46.2-341.24;

3. A violation of any provision of 18.2-51.4 or 18.2-266 or a violation ofa local ordinance paralleling or substantially similar to 18.2-51.4 or18.2-266, or a violation of any federal, state or local law or ordinancesubstantially similar to 18.2-51.4 or 18.2-266;

4. Refusal to submit to a chemical test to determine the alcohol or drugcontent of the person's blood or breath in accordance with 18.2-268.1through 18.2-268.12 or this article, or the comparable laws of any otherstate or jurisdiction;

5. Failure of the driver whose vehicle is involved in an accident to stop anddisclose his identity at the scene of the accident; or

6. Commission of any crime punishable as a felony in the commission of whicha motor vehicle is used, other than a felony described in 46.2-341.19.

B. The Commissioner shall disqualify any such person for a period of threeyears if any offense listed in subsection A of this section was committedwhile driving a commercial motor vehicle used in the transportation ofhazardous materials required to be placarded under federal HazardousMaterials Regulations (49 C.F.R. Part 172, Subpart F).

C. Beginning September 30, 2005, the Commissioner shall disqualify for aperiod of one year any person whose record, as maintained by the Department,shows that he has been convicted of any of the following offenses committedwhile operating a noncommercial motor vehicle, provided that the person was,at the time of the offense, the holder of a commercial driver's license, andprovided further that the offense was committed on or after September 30,2005:

1. A violation of any provision of 18.2-51.4, 18.2-266, or a violation of alocal ordinance paralleling or substantially similar to 18.2-51.4 or18.2-266, or a violation of any federal, state, or local law or ordinance, orlaw of any other jurisdiction, substantially similar to 18.2-51.4 or18.2-266;

2. Refusal to submit to a chemical test to determine the alcohol or drugcontent of the person's blood or breath in accordance with 18.2-268.1through 18.2-268.12, or the comparable laws of any other state orjurisdiction;

3. Failure of the driver whose vehicle is involved in an accident to stop anddisclose his identity at the scene of the accident; or

4. Commission of any crime punishable as a felony in the commission of whicha motor vehicle is used.

D. The Commissioner shall disqualify for life any person whose record, asmaintained by the Department, shows that he has been convicted of two or moreviolations of any of the offenses listed in subsection A or C of thissection, if each offense arose from a separate incident committed within aperiod of 10 years, except that if all of the offenses are for violation ofan out-of-service order, the disqualification shall be for five years. If twoor more such disqualification offenses arise from the same incident, thedisqualification periods imposed pursuant to subsection A, B, or C of thissection shall run consecutively and not concurrently.

E. The Department may issue, if permitted by federal law, regulationsestablishing guidelines, including conditions, under which a disqualificationfor life under subsection D may be reduced to a period of not less than 10years.

(1989, c. 705, 46.1-372.17; 1992, c. 830; 1997, c. 691; 2005, c. 513.)