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ROBERT L. EHRLICH, JR., Governor H.B. 789
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[(3)] (4) The individual drives or attempts to drive a commercial motor
vehicle while the alcohol concentration of the person's blood or breath is 0.04 or more;
OR
(5) THE INDIVIDUAL DRIVES A COMMERCIAL MOTOR VEHICLE WHEN, AS
A RESULT OF PRIOR VIOLATIONS COMMITTED WHILE DRIVING A COMMERCIAL
MOTOR VEHICLE, THE DRIVER'S COMMERCIAL DRIVER'S LICENSE IS REVOKED,
SUSPENDED, OR CANCELED OR THE DRIVER IS DISQUALIFIED FROM DRIVING A
COMMERCIAL MOTOR VEHICLE.
(b) If any of the offenses in subsection (a) of this section occurred while
transporting a hazardous material required to be placarded, the Administration shall
disqualify the individual for a period of 3 years.
(c) The Administration shall disqualify any person from driving a commercial
motor vehicle for life for 2 or more violations of any of the offenses specified in
subsection (a) or (b) of this section, or any combination of those offenses, arising from
2 or more separate incidents.
(d) The Administration [may] SHALL adopt regulations establishing
guidelines, including conditions, under which a disqualification for life may be
reduced to a period of time which may be permitted by federal regulations.
(e) The Administration shall disqualify any person from driving a commercial
motor vehicle for life who uses a commercial IS CONVICTED OF USING A motor vehicle
in the commission of any felony involving the manufacture, distribution, or
dispensing of a controlled dangerous substance, or possession with intent to
manufacture, distribute, or dispense a controlled dangerous substance.
(f) The Administration shall disqualify any person from driving a commercial
motor vehicle for a period of 60 days if convicted under the laws of this State or any
other state of 2 serious traffic violations [committed in a commercial motor vehicle]
arising from separate incidents occurring within a 3-year period COMMITTED:
(1) WHILE OPERATING A COMMERCIAL MOTOR VEHICLE; OR
(2) WHILE HOLDING A COMMERCIAL DRIVER'S LICENSE AND
OPERATING A NONCOMMERCIAL VEHICLE, AND THE CONVICTION WOULD RESULT IN
SUSPENSION, REVOCATION, OR CANCELLATION OF THE DRIVER'S LICENSE.
(g) The Administration shall disqualify any person from driving a commercial
motor vehicle for a period of 120 days if convicted under the laws of this State or any
other state of 3 serious traffic violations [committed in a commercial motor vehicle]
arising from separate incidents occurring within a 3-year period COMMITTED:
(1) WHILE OPERATING A COMMERCIAL MOTOR VEHICLE; OR
(2) WHILE HOLDING A COMMERCIAL DRIVER'S LICENSE AND
OPERATING A NONCOMMERCIAL MOTOR VEHICLE, AND THE CONVICTION WOULD
RESULT IN SUSPENSION, REVOCATION, OR CANCELLATION OF THE DRIVER'S
LICENSE.
- 4207 -
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