DISQUALIFICATIONS.

SEC. 201. DISQUALIFICATIONS. (a) Driving While Disqualified and Causing Fatality.— (1) First Violation.— Section 31310(b)(1) of title 49, United States Code, is amended— (A) by striking “or” at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting a semicolon; and (C) by adding at the end the following: “(D) committing a first violation of driving a commercial motor vehicle when the individual’s commercial driver’s license is revoked, suspended, or canceled based on the individual’s operation of a commercial motor vehicle or when the individual is disqualified from operating a commercial motor vehicle based on the individual’s operation of a commercial motor vehicle; or 113 STAT. 1759 “(E) convicted of causing a fatality through negligent or criminal operation of a commercial motor vehicle.”. (2) Second and multiple violations.— Section 31310(c)(1) of such title is amended— (A) by striking “or” at the end of subparagraph (C); (B) by redesignating subparagraph (D) as subparagraph (F); (C) by inserting after subparagraph (C) the following: “(D) committing more than one violation of driving a commercial motor vehicle when the individual’s commercial driver’s license is revoked, suspended, or canceled based on the individual’s operation of a commercial motor vehicle or when the individual is disqualified from operating a commercial motor vehicle based on the individual’s operation of a commercial motor vehicle; “(E) convicted of more than one offense of causing a fatality through negligent or criminal operation of a commercial motor vehicle; or” ; and (D) in subparagraph (F) (as redesignated by subparagraph (B) of this paragraph) by striking “clauses (A)–(C) of this paragraph” and inserting “subparagraphs (A) through (E)”. (3) Conforming amendment.— Section 31301(12)(C) of such title is amended by inserting “, other than a violation to which section 31310(b)(1)(E) or 31310(c)(1)(E) applies” after “a fatality”. (b) Emergency Disqualification; Noncommercial Motor Vehicle Convictions.— Section 31310 of such title is amended— (1) by redesignating subsections (f), (g), and (h) as subsections (h), (i), and (j), respectively; (2) by inserting after subsection (e) the following: “(f) Emergency Disqualification.— “(1) Limited duration.— The Secretary shall disqualify an individual from operating a commercial motor vehicle for not to exceed 30 days if the Secretary determines that allowing the individual to continue to operate a commercial motor vehicle would create an imminent hazard (as such term is defined in section 5102). “(2) After notice and hearing.— The Secretary shall disqualify an individual from operating a commercial motor vehicle for more than 30 days if the Secretary determines, after notice and an opportunity for a hearing, that allowing the individual to continue to operate a commercial motor vehicle would create an imminent hazard (as such term is defined in section 5102). “(g) Noncommercial Motor Vehicle Convictions.— “(1) Issuance of regulations.— Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue regulations providing for the disqualification by the Secretary from operating a commercial motor vehicle of an individual who holds a commercial driver’s license and who has been convicted of— “(A) a serious offense involving a motor vehicle (other than a commercial motor vehicle) that has resulted in the revocation, cancellation, or suspension of the individual’s license; or “(B) a drug or alcohol related offense involving a motor vehicle (other than a commercial motor vehicle). 113 STAT. 1760 “(2) Requirements for regulations.— Regulations issued under paragraph (1) shall establish the minimum periods for which the disqualifications shall be in effect, but in no case shall the time periods for disqualification for noncommercial motor vehicle violations be more stringent than those for offenses or violations involving a commercial motor vehicle. The Secretary shall determine such periods based on the seriousness of the offenses on which the convictions are based.”; and (3) in subsection (h) (as redesignated by paragraph (1) of this subsection) by striking “(b)–(e)” each place it appears and inserting “(b) through (g)”. (c) Serious Traffic Violations.— Section 31301(12) of such title is amended— (1) by striking “and” at the end of subparagraph (C); (2) by redesignating subparagraph (D) as subparagraph (G); and (3) by inserting after subparagraph (C) the following: “(D) driving a commercial motor vehicle when the individual has not obtained a commercial driver’s license; “(E) driving a commercial motor vehicle when the individual does not have in his or her possession a commercial driver’s license unless the individual provides, by the date that the individual must appear in court or pay any fine with respect to the citation, to the enforcement authority that issued the citation proof that the individual held a valid commercial driver’s license on the date of the citation; “(F) driving a commercial motor vehicle when the individual has not met the minimum testing standards— “(i) under section 31305(a)(3) for the specific class of vehicle the individual is operating; or “(ii) under section 31305(a)(5) for the type of cargo the vehicle is carrying; and”. (d) Conforming Amendments.— Section 31305(b)(l) of such title is amended— (1) by striking “to operate the vehicle”; and (2) by inserting before the period at the end the following: “to operate the vehicle and has a commercial driver’s license to operate the vehicle”.