1306

DISQUALIFICATION

1306.1

The Director shall disqualify any person from operating a commercial vehicle, by denying an application for a commercial driver's license or by withdrawing a person's commercial driver's license, if he or she is convicted of the following:

(a) Driving any vehicle while under the influence of alcohol or a controlled substance;

(b) Having an alcohol concentration of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine while operating a commercial vehicle;

(c) Refusing to take an alcohol test while operating any vehicle;

(d) Leaving the scene of an accident while operating any vehicle;

(e) Causing a fatality through the negligent operation of a commercial vehicle;

(f) Using any vehicle in the commission of a felony;

(g) Driving a commercial vehicle when, as a result of prior violations committed while operating a commercial vehicle, the driver's commercial driver's license is revoked or suspended, or the driver is disqualified from operating a commercial vehicle;

(h) Driving a commercial vehicle and failing to slow down and stop before reaching a railroad crossing to check that railroad tracks are clear of an approaching train;

(i) Driving a commercial vehicle without leaving sufficient space to drive through a railroad crossing without stopping;

(j) Failure to obey a traffic control device or the directions of an enforcement official at a railroad crossing while operating a commercial vehicle;

(k) Failure to negotiate a railroad crossing because of insufficient undercarriage clearance while operating a commercial vehicle;

(l) Operating a commercial vehicle in violation of an out-of-

service order;

(m) Two (2) or more serious traffic violations within a three (3) year period; or

(n) Operating a school bus, operating a vehicle designed to transport 16 or more people, including the driver, operating any vehicle that is more than 26,001 pounds, transporting hazardous material, or engaging in commercial interstate operation while under 21 years of age.

1306.2 For purposes of this chapter, the following violations are serious traffic violations:

(a) Driving a commercial vehicle at a speed fifteen (15) or more miles per hour in excess of the posted speed limit;

(b) Reckless driving in any motor vehicle;

(c) Violating a District or state traffic law, rule or regulation in connection with a fatal traffic accident in any motor vehicle;

(d) Improper or erratic traffic lane changes while operating a commercial vehicle;

(e) Operating a commercial vehicle without obtaining a commercial driver's license;

(f) Following the vehicle ahead too closely while operating a commercial vehicle; or

(g) Driving a commercial vehicle without the proper class of CDL and/or endorsement for the specific vehicle group being operated, or the number of passengers or type of cargo being transported.

(h) Driving a commercial motor vehicle while not in possession of a commercial driver's license.

1306.3 Any person convicted of an offense provided for in this section shall be subject to any other administrative or judicial action initiated against him or her for violation of a District of Columbia traffic law, rule, or regulation.

1306.4 The Director shall disqualify from operating a commercial vehicle any person who is convicted of any violation set forth in §§ 1306.1(a) through (g) as follows:

(a) One (1) year for the first (1st) conviction;

(b) Life for the second (2nd) conviction, except that the disqualification may be commuted to ten (10) years if the applicant completes the following:

(1) Submits a written request to the Director of the Department of Motor Vehicles for a review of his or her files;

(2) Submits proof that he or she has completed an alcohol abuse program, if applicable; and

(3) Submits evidence that he or she has had a good driving history during the period of disqualification; or

(c) Life for the third (3rd) conviction.

1306.5 The Director shall, notwithstanding the period of disqualification set forth in § 1306.4, disqualify a commercial driver for a period of not less than three (3) years if he or she uses a commercial vehicle in connection with a disqualifying offense in § 1306.1(a) through (g) and is transporting hazardous material.

1306.6 The Director shall disqualify a driver for life if he or she uses a commercial vehicle in the commission of a felony that involves manufacturing, distributing, or dispensing a controlled substance.

1306.7 The Director shall disqualify, for the following periods, any commercial driver convicted of any violation set forth in § 1306.1(h) through (k):

(a) Sixty (60) days for the first (1st) conviction;

(b) One hundred and twenty (120) days for a second (2nd) conviction; or

(c) One (1) year for a third (3rd) or subsequent conviction.

1306.8 The Director shall disqualify, for the following periods, any driver who

is convicted of violating an out-of-service order:

(a) One (1) year for the first (1st) conviction; or

(b) Five (5) years for the second or subsequent conviction in any ten (10) year period.

1306.9 The Director shall disqualify, for the following periods, any driver convicted of serious traffic violations under 1306.2 within any three (3) year period:

(a) Sixty (60) days for any person convicted of two (2) serious traffic violations; or

(b) One hundred and twenty (120) days for any person convicted of three (3) or more serious traffic violations.

1306.10 Any disqualification period imposed pursuant to § 1306.9 shall run consecutively, and not concurrently, with any other disqualification period imposed; unless the disqualification is imposed by the federal government pursuant to 49 CFR 383.52.

1306.11 The Director shall disqualify, for one hundred and eighty (180) days, any commercial driver convicted of violating § 1306.1(n).

1306.12 The Director may require a commercial driver whose commercial driving privileges have been withdrawn, pursuant to this Chapter, to successfully pass the testing requirements provided for in this Chapter.

1306.13 Any person failing to submit the medical documentation in the time period provided by § 1327 shall be disqualified until that information is submitted.

1306.14 The Department shall act expeditiously in imposing disqualifications under this section and posting them to the driver's record.

SOURCE: Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by D.C. ACT published at 53 DCR 8675 (October 27, 2006); as amended by the Commercial Driver's License Minimum Age Requirement Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-220), published at 57 DCR 5588, 5589 (July 2, 2010).