2006 Code of Virginia § 46.2-341.20 - Disqualification for multiple serious traffic violations

46.2-341.20. Disqualification for multiple serious traffic violations.

A. For the purposes of this section, the following offenses, if committed ina commercial motor vehicle, are serious traffic violations:

1. Driving at a speed 15 or more miles per hour in excess of the posted speedlimits;

2. Reckless driving;

3. A violation of a state law or local ordinance relating to motor vehicletraffic control arising in connection with a fatal traffic accident;

4. Improper or erratic traffic lane change;

5. Following the vehicle ahead too closely;

6. Driving a commercial motor vehicle without obtaining a commercial driver'slicense;

7. Driving a commercial motor vehicle without a commercial driver's licensein the driver's immediate possession; and

8. Driving a commercial motor vehicle without the proper class of commercialdriver's license and/or endorsements for the specific vehicle group beingoperated or for the passengers or type of cargo being transported.

For the purposes of this section, parking, vehicle weight, and vehicle defectviolations shall not be considered traffic violations.

B. Beginning September 30, 2005, the following offenses shall be treated asserious traffic violations if committed while operating a noncommercial motorvehicle, but only if (i) the person convicted of the offense was, at the timeof the offense, the holder of a commercial driver's license; (ii) the offensewas committed on or after September 30, 2005; and (iii) the conviction, byitself or in conjunction with other convictions that satisfy the requirementsof this section, resulted in the revocation, cancellation, or suspension ofsuch person's driver's license or privilege to drive.

1. Driving at a speed 15 or more miles per hour in excess of the posted speedlimits;

2. Reckless driving;

3. A violation of a state law or local ordinance relating to motor vehicletraffic control arising in connection with a fatal traffic accident;

4. Improper or erratic traffic lane change; or

5. Following the vehicle ahead too closely.

C. The Department shall disqualify for the following periods of time, anyperson whose record as maintained by the Department shows that he hascommitted, within any three-year period, the requisite number of serioustraffic violations:

1. A 60-day disqualification period for any person convicted of two serioustraffic violations; or

2. A 120-day disqualification period for any person convicted of threeserious traffic violations.

D. Any disqualification period imposed pursuant to this section shall runconsecutively, and not concurrently, with any other disqualification periodimposed hereunder.

(1989, c. 705, 46.1-372.19; 1990, c. 218; 2005, c. 513.)