27-23-112. Disqualification and cancellation.

27-23-112. Disqualification and cancellation. (a)(1) A driver, holder of a commercial driver license, or a holder of a commercial learner's permit who is disqualified shall not drive a commercial motor vehicle. (2) An employer shall not knowingly allow, require, permit, or authorize a driver who is disqualified to drive a commercial motor vehicle. (3) A driver is subject to disqualification sanctions designated in this section if the holder of a commercial driver license or the holder of a commercial learner's permit drives a commercial motor vehicle or noncommercial motor vehicle and is convicted of violations. (4) Determining first and subsequent violations. For purposes of determining first and subsequent violations of the offenses specified in this section, each conviction for any offense listed in this section resulting from a separate incident, whether committed in a commercial motor vehicle or noncommercial motor vehicle, shall be counted. (5)(A) The Office of Driver Services may reinstate any driver disqualified for life for offenses described in subdivisions (b)(1)-(7) of this section after ten (10) years if that person has voluntarily entered and successfully completed an appropriate rehabilitation program approved by the Department of Health. (B) Any person who has been reinstated in accordance with subdivision (a)(5)(A) of this section and who is subsequently convicted of a disqualifying offense described in subdivisions (b)(1)-(7) of this section shall not be reinstated. (6) Notwithstanding any other provision of law, an Arkansas court shall not grant a restricted driving permit to operate a commercial motor vehicle. (7) A disqualification period imposed by this section or by 49 C.F.R. § 383.51, as in effect on January 1, 2013, is in addition to any other previous period of disqualification. (b) Disqualification for major offenses. Depending upon the type of vehicle a driver required to have a commercial learner's permit or a commercial driver license is operating at the time of the violation, a driver shall be disqualified as follows: (1) If a driver operates a motor vehicle and is convicted of being intoxicated by drugs or alcohol as provided by § 5-65-103 or an equivalent federal law or law of another state or refuses to submit to chemical testing as provided by § 5-65-202 or an equivalent federal law or law of another state, the driver shall be disqualified as follows: (A) For a first conviction or refusal to be tested while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year; (B) For a first conviction or refusal to be tested while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year; (C) For a first conviction or refusal to be tested while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for three (3) years; (D) For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; and (E) For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; (2) If a driver operates a motor vehicle and is convicted of having a blood alcohol concentration in violation of § 27-23-114(a), the driver shall be disqualified as follows: (A) For a first conviction or refusal to be tested while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year; (B) For a first conviction or refusal to be tested while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for three (3) years; and (C) For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; and (3) If a driver operates a motor vehicle and is convicted of leaving the scene of an accident, the driver shall be disqualified as follows: (A) For a first conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year; (B) For a first conviction while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year; (C) For a first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for three (3) years; (D) For a second conviction in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; and (E) For a second conviction in a separate incident of any combination of offenses in this section while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; (4) If a driver operates a motor vehicle and is convicted of using the vehicle to commit a felony other than one described in subdivision (b)(7) of this section, the driver shall be disqualified as follows: (A) For a first conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a holder of a commercial learner's permit shall be disqualified from operating a commercial motor vehicle for one (1) year; (B) For a first conviction while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year; (C) For a first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for three (3) years; (D) For a second conviction in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; and (E) For a second conviction in a separate incident of any combination of offenses in this section while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; (5) If a driver operates a motor vehicle and is convicted of driving a commercial motor vehicle when the driver's commercial driver license or a commercial learner's permit is revoked, suspended, or canceled or if the driver is disqualified from operating a commercial motor vehicle as a result of prior violations committed while operating a commercial motor vehicle, the driver shall be disqualified as follows: (A) For a first conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year; (B) For a first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for three (3) years; and (C) For a second conviction in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; (6) If a driver operates a motor vehicle and is convicted of causing a fatality through the negligent operation of a commercial motor vehicle, including without limitation the crimes of murder, manslaughter, and negligent homicide, the driver shall be disqualified as follows: (A) For a first conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one (1) year; (B) For a first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for three (3) years; and (C) For a second conviction in a separate incident of any combination of offenses in this section while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life; and (7) If a driver operates a motor vehicle and is convicted of using the vehicle in the commission of a felony involving delivering, manufacturing, or trafficking a controlled substance in violation of §§ 5-64-419 — 5-64-442 or the former § 5-64-401, or an equivalent federal law or law of another state, the driver shall be disqualified as follows: (A) For a conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life and shall not be eligible for reinstatement after ten (10) years; and (B) For a conviction while operating a noncommercial motor vehicle, a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for life and shall not be eligible for reinstatement after ten (10) years. (c) Disqualification for serious traffic violations, the offenses, and the periods for which a driver is disqualified, depending upon the type of vehicle the driver is operating at the time of the violation, shall be as follows: (1) For a second conviction of any combination of serious traffic violations in a separate incident within a three-year period while operating a commercial motor vehicle or a suspension, revocation, or cancellation resulting from a conviction while operating a noncommercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for sixty (60) days; and (2) For a third or subsequent conviction of any combination of serious traffic violations in a separate incident within a three-year period while operating a commercial motor vehicle or a conviction that results in suspension, revocation, or cancellation resulting from operating a noncommercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for one hundred twenty (120) days. (d) A driver shall be disqualified if the driver is convicted of operating a commercial motor vehicle in violation of federal, state, or local law or regulation because of the following railroad crossing violations: (1) For drivers who are not required to always stop, failing to slow down and check that the tracks are clear of an approaching train; (2) For drivers who are not required to always stop, failing to stop before reaching the crossing if the tracks are not clear; (3) For drivers who are always required to stop, failing to stop before driving onto the crossing; (4) For all drivers failing to have sufficient space to drive completely through the crossing without stopping; (5) For all drivers failing to obey a traffic control device or the directions of the enforcement official at the crossing; and (6) For all drivers failing to negotiate a crossing because of insufficient undercarriage clearance. (e) A driver convicted of an offense listed in subsection (d) of this section shall be disqualified: (1) For at least sixty (60) calendar days for a first conviction; (2) For at least one hundred twenty (120) calendar days for a second conviction within a three-year period; and (3) For at least one (1) year for a third or subsequent conviction within a three-year period. (f) A driver who violates an out-of-service order shall be disqualified as follows: (1) If the driver operates a commercial motor vehicle and is convicted of violating a driver or vehicle out-of-service order while transporting nonhazardous materials, the driver shall be disqualified as follows: (A) For a first conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for at least one hundred eighty (180) days but not more than one (1) year; (B) For a second conviction in a separate incident within a ten-year period while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for at least two (2) years but not more than five (5) years; and (C) For a third or subsequent conviction in a separate incident within a ten-year period while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for at least three (3) years but not more than five (5) years; and (2) If the driver operates a commercial motor vehicle and is convicted of violating a driver or vehicle out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Regulations, 49 C.F.R. part 172, subpart F, as in effect on January 1, 2013, or while operating a vehicle designed to transport sixteen (16) or more passengers, including the driver, the driver shall be disqualified as follows: (A) For a first conviction while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for at least one hundred eighty (180) days but not more than two (2) years; (B) For a second conviction in a separate incident within a ten-year period while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for at least three (3) years but not more than five (5) years; and (C) For a third or subsequent conviction in a separate incident within a ten-year period while operating a commercial motor vehicle, a person required to have a commercial driver license or a commercial learner's permit, or a commercial driver license holder or a commercial learner's permit holder shall be disqualified from operating a commercial motor vehicle for at least three (3) years but not more than five (5) years. (g) Any driver disqualified by the administration under 49 C.F.R. § 383.52, as in effect on January 1, 2013, shall be disqualified by the office. The disqualification shall be concurrent with the disqualification ordered by the administration and shall be entered as part of the driver's record. (h) Convictions, disqualifications, and other licensing action for violations as provided in this section shall be noted and retained by the office on a person's commercial driver license or commercial learner's permit record for the periods of time required under 49 C.F.R. §§ 384.225(d) and 384.231(d), as in effect on January 1, 2013. (i) The commercial driver license record released by the office to the employer or prospective employer of a commercial driver pursuant to 49 C.F.R. § 384.225(c) and (e)(4), as in effect on January 1, 2013, shall be a complete record that includes any convictions, disqualifications, and other licensing actions for violations required to be retained on a commercial driver license or commercial learner's permit record under 49 C.F.R. §§ 384.225(d) and 384.231(d), as in effect on January 1, 2013.