| A. |
Except as otherwise provided in this section, the Commissioner shall disqualify for a period of one year any person whose record, as maintained by the Department of Motor Vehicles, shows that he has been convicted of any of the following offenses, if such offense was committed while operating a commercial motor vehicle: |
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1. |
A violation of any provision of § 46.2-341.24 or a violation of any federal law or the law of another state substantially similar to § 46.2-341.24; |
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2. |
A violation of any provision of § 18.2-51.4 or § 18.2-266 or a violation of a local ordinance paralleling or substantially similar to § 18.2-51.4 or § 18.2-266, or a violation of any federal, state or local law or ordinance substantially similar to § 18.2-51.4 or § 18.2-266; |
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3. |
Refusal to submit to a chemical test to determine the alcohol or drug content of the person's blood or breath in accordance with §§ 18.2-268.1 through 18.2-268.12 or this article, or the comparable laws of any other state or jurisdiction; |
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4. |
Failure of the driver whose vehicle is involved in an accident which results in the death of or injury to another person, to stop and disclose his identity at the scene of the accident; or |
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5. |
Commission of any crime punishable as a felony in the commission of which a motor vehicle is used, other than a felony described in § 46.2-341.19. |
| B. |
The Commissioner shall disqualify any such person for a period of three years if any offense listed in subsection A of this section was committed while driving a commercial motor vehicle used in the transportation of hazardous materials required to be placarded under federal Hazardous Materials Regulations (49 C.F.R. Part 172, Subpart F). |
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1. |
Type T-Vehicles with double or triple trailers; |
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2. |
Type P-Vehicles carrying passengers; |
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3. |
Type N-Vehicles with cargo tanks; |
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4. |
Type H-Vehicles required to be placarded for hazardous materials; and |
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5. |
Type K-Vehicles not equipped with air brakes. |
| C. |
The Commissioner shall disqualify for life any person whose record, as maintained by the Department, shows that he has been convicted of two or more violations of any of the offenses listed in subsection A of this section, if each offense arose from a separate incident. If two or more such disqualification offenses arise from the same incident, the disqualification periods imposed pursuant to subsection A or B of this section shall run consecutively and not concurrently. |
| D. |
The Department may issue, if permitted by federal law, regulations establishing guidelines, including conditions, under which a disqualification for life under subsection C may be reduced to a period of not less than ten years. |
| E. |
Only offenses committed on or after January 1, 1990, shall be subject to provisions of this section. |
(1989, c. 705, § 46.1-372.17; 1992, c. 830; 1997, c. 691.)
