39-06.2-10. Disqualification and cancellation

39-06.2-10. Disqualification and cancellation 1. An individual is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of a first violation of: a. Driving a commercial motor vehicle under the influence of alcohol or drugs; b. Leaving the scene of an accident involving a commercial motor vehicle driven by the individual in violation of section 39-08-04, 39-08-05, 39-08-07, or 39-08-09; c. Using a commercial motor vehicle in the commission of any felony as defined in this chapter; d. Refusal to submit to a test to determine the driver's alcohol concentration while driving a commercial motor vehicle; or e. Driving or being in actual physical control of a commercial motor vehicle while the alcohol concentration of the individual's blood, breath, or urine is four one-hundredths of one percent or more by weight. If any of the above violations occurred while transporting a hazardous material required to be placarded, the individual is disqualified for a period of not less than three years. 2. An individual is disqualified for a period of not less than sixty days for providing false information to the department related to the issuance of a commercial permit or commercial license or for a period of not less than one year if convicted of fraud related to the issuance of a commercial driver's permit or license. 3. An individual is disqualified for life if convicted of two or more violations of any of the offenses specified in subsection 1, 8, 10, or 12, or any combination of those offenses, arising from two or more separate incidents. Only offenses committed while operating a commercial motor vehicle after July 1, 1989, may be considered in applying this subsection. Only offenses committed while operating a noncommercial motor vehicle after August 1, 2003, may be considered in applying this subsection. 4. The director may adopt rules under section 39-06.2-14, establishing guidelines, including conditions, under which a disqualification for life under subsections 3, 9, 11, and 13 may be reduced to a period of not less than ten years. 5. An individual is disqualified from driving a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance. 6. An individual is disqualified from driving a commercial motor vehicle for a period of not less than sixty days if convicted of two serious traffic violations, or one hundred twenty days if convicted of three serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three-year period. 7. Disqualification for railroad-highway grade crossing violation: a. A driver who is convicted of driving a commercial motor vehicle in violation of a federal, state, or local law or regulation pertaining to any one of the following six offenses at a railroad-highway grade crossing is disqualified for the period of time specified in subdivision b: (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 an enforcement official at the crossing; and (6) For all drivers, failing to negotiate a crossing because of insufficient undercarriage clearance. b. Duration of disqualification for a railroad-highway grade crossing violation: (1) A driver is disqualified for not less than sixty days if the driver is convicted of a first violation of a railroad-highway grade crossing violation. (2) A driver is disqualified for not less than one hundred twenty days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in separate incidents. (3) A driver is disqualified for not less than one year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents. 8. For a first conviction of driving while under the influence of alcohol or being under the influence of a controlled substance or refusal to be tested while operating a noncommercial motor vehicle, a holder of a commercial driver's license or learner's permit must be disqualified from operating a commercial motor vehicle for one year. 9. For a second or subsequent conviction of driving while under the influence or being under the influence of a controlled substance or refusal to be tested while operating a noncommercial motor vehicle, a holder of a commercial driver's license or learner's permit must be disqualified from operating a commercial motor vehicle for life. 10. For a first conviction for leaving the scene of an accident while operating a noncommercial motor vehicle, a holder of a commercial driver's license or learner's permit must be disqualified from operating a commercial motor vehicle for one year. 11. For a second or subsequent conviction for leaving the scene of an accident while operating a noncommercial motor vehicle, a holder of a commercial driver's license or learner's permit must be disqualified from operating a commercial motor vehicle for life. 12. For a first conviction for using a vehicle to commit a felony while operating a noncommercial motor vehicle, a holder of a commercial driver's license or learner's permit must be disqualified from operating a commercial motor vehicle for one year. 13. For a second or subsequent conviction for using a vehicle to commit a felony while operating a noncommercial motor vehicle, a holder of a commercial driver's license or learner's permit must be disqualified from operating a commercial motor vehicle for life. 14. For a conviction for using a vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance while operating a commercial motor vehicle or a noncommercial motor vehicle, a holder of a commercial driver's license or learner's permit must be disqualified from operating a commercial motor vehicle for life. 15. An individual who is convicted of using a commercial motor vehicle in the commission of a felony involving an act or practice of severe forms of trafficking of persons as defined in the federal Trafficking Victims Protection Reauthorization Act of 2017 [Pub. L. 115-427, 132 Stat. 5503; 22 U.S.C. 7102] is disqualified permanently from driving a commercial motor vehicle, without the possibility of reinstatement. 16. For a second conviction of any combination of two serious traffic violations, in a separate incident within a three-year period while operating a noncommercial vehicle, a learner's permit or commercial driver's license holder must be disqualified from operating a commercial motor vehicle, if the conviction results in the revocation, cancellation, or suspension of the learner's permit or commercial driver's license holder's license or noncommercial driving privileges, for a period of sixty days. 17. 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 noncommercial motor vehicle, a person required to have a learner's permit or commercial driver's license and a learner's permit or commercial driver's license holder must be disqualified from operating a commercial motor vehicle for a period of one hundred twenty days. 18. Before suspending, revoking, or disqualifying a driver under this section, the director must provide the driver with notice of opportunity for hearing, in accordance with section 39-06-33, and the hearing requested must be held in accordance with section 39-06-33. 19. After suspending, revoking, disqualifying, or canceling a commercial driver's license, the director shall update the director's records to reflect that action within ten days. After suspending, revoking, or canceling a nondomiciled commercial driver's privileges, the director shall notify the licensing authority of the state that issued the commercial driver's license or commercial learner's permit within ten days. 20. A foreign commercial driver is subject to disqualification under this section.