(A) Any person, who holds a license to operate a motor vehicle, a license to operate a commercial motor vehicle or is unlicensed, is disqualified from operating a commercial motor vehicle and is prohibited from operating a commercial motor vehicle for a period of not less than 1 year if convicted of a first violation of:

1. (1) Operating a commercial motor vehicle or a motor vehicle under the influence of alcohol or drugs;
2. (2) Operating a commercial motor vehicle while the alcohol concentration in the person's blood or breath is 0.04 or more;
3. (3) Leaving the scene of an accident involving a commercial motor vehicle or a motor vehicle driven by the person;
4. (4) Refusing to submit to a chemical test or analysis of the person's breath or blood after operating a commercial motor vehicle or a motor vehicle; or

5. (5) Using a commercial motor vehicle or a motor vehicle in the commission of a felony as defined in this chapter.

   If any of the above violations occurred while transporting a hazardous material required to be placarded, the person shall be disqualified for a period of 3 years.

(E1/2)

1. (1) Except as provided in subparagraph (2), any person who violates the provisions of an out-of-service order shall be disqualified from driving a commercial motor vehicle as follows:

   1. (i) for not less than ninety days for a first violation of an out-of-service order;
   2. (ii) for not less than one year for a second violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period; and
   3. (iii) for not less than three years for a third or subsequent violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period.

2. (2) Any person who violates the provisions of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 USC app. 1801–1813, or while operating a motor vehicle designed to transport more than fifteen passengers, including the driver, shall be disqualified from driving a commercial motor vehicle as follows:

   1. (i) for not less than one hundred and eighty days for a first violation of an out-of-service order; and
   2. (ii) for not less than three years for a second or subsequent violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period.
3. (3) In addition to the disqualification provided for in subparagraphs (1) and (2), any driver who violates the provisions of an out-of-service order shall be subject to a civil penalty of not less than $1,100 and not more than $2,750.
4. (4) Any person shall be disqualified from operating a commercial motor vehicle for a period of not less than 60 days if convicted of violating the railroad-highway grade crossing provisions in 49 CFR 383.51 or in regulations promulgated by the registrar to reflect the applicable federal requirements, or for a period of not less than 120 days if convicted of 2 violations of said provisions, or for a period not less than 1 year if convicted of 3 or more violations of said provisions, committed during the operation of a commercial motor vehicle arising from separate incidents occurring within a 3 year period.

(I) A person shall not be disqualified from operating a commercial motor vehicle under paragraphs (A) or (B) based upon convictions that occurred on or before September 30, 2005, unless:

1. (i) the person has 3 or more convictions for operating under the influence under section 24 of chapter 90; or (ii) disqualification from operating a commercial motor vehicle is required under 49 C.F.R. 383.51 or any other federal statute or regulation.