61-8-813 Suspension of commercial driver's license -- railroad crossing offenses

61-8-813 . Suspension of commercial driver's license -- railroad crossing offenses. (1) The department shall suspend a person's commercial driver's license upon the report of a conviction of any of the following railroad crossing offenses or conduct: (a) for drivers who are not required to always stop: (i) failing to slow down and check that the tracks are clear of an approaching train or other on-track equipment; or (ii) failing to stop before reaching the crossing if the tracks are not clear; (b) for drivers who are always required to stop, failing to stop before driving onto the crossing; (c) for all drivers: (i) failing to have sufficient space to drive completely through the crossing without stopping; (ii) failing to obey a traffic control device or the directions of an enforcement official at the crossing; or (iii) failing to negotiate a crossing because of insufficient undercarriage clearance. (2) Upon receipt of a report of a conviction of any railroad crossing offense or conduct described in subsection (1), the following suspension periods must be imposed: (a) 60 days upon a first conviction; (b) 120 days upon a second conviction within a 3-year period; or (c) 1 year upon a third or subsequent conviction within a 3-year period.