Violations, disqualification from driving, duration, penalties
This law lists the rules for taking away someone's right to drive a commercial truck or bus (called disqualification). If a person breaks certain serious rules — like drunk driving, causing a death, leaving an accident, or using the vehicle in a crime — they can lose their commercial driving privileges for one year, three years, or even for life, depending on what they did and how many times they did it. The more serious the offense, or the more times it happens, the longer the ban.
Classifications stated in the statute. Actual outcomes vary.
302.755. Violations, from driving, duration, penalties — procedure. — 1. A person is from driving a for a period of not less than one year if of a first violation of:
(1) Driving a motor vehicle under the influence of alcohol or a , or of an as defined in 3 of section 302.525;
(2) Driving a commercial motor vehicle which causes a through the operation of the commercial motor vehicle, including but not limited to the s of , , and ;
(3) Driving a commercial motor vehicle while section 302.727;
(4) Leaving the scene of an accident involving a commercial or noncommercial motor vehicle operated by the person;
(5) Using a commercial or noncommercial motor vehicle in the of any , as defined in section 302.700, except a felony as provided in subsection 4 of this section.
2. If any of the violations described in subsection 1 of this section occur while transporting a the person is disqualified for a period of not less than three years.
3. Any person is disqualified from operating a commercial motor vehicle for life if convicted of two or more violations of any of the offenses specified in subsection 1 of this section, or any combination of those offenses, arising from two or more separate incidents. The may , in accordance with established by the , under which a disqualification for life under this section may be reduced to a period of not less than ten years.
4. Any person is disqualified from driving a commercial motor vehicle for life who uses a commercial or noncommercial motor vehicle in the commission of any felony involving the , distribution, or of a controlled substance, or possession with intent to manufacture, , or a controlled substance.
5. Any person is disqualified from operating 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, arising from separate incidents occurring within a three-year period.
6. Any person found to be operating a commercial motor vehicle while having any measurable shall immediately be issued a continuous twenty-four-hour by a in this state.
7. Any person who is convicted of operating a commercial motor vehicle beginning at the time of of the out-of-service order until its expiration is guilty of a .
8. Any person convicted for the first time of driving while shall be disqualified from driving a commercial motor vehicle in the manner prescribed in 49 383, or as amended by the Secretary.
9. Any person convicted of driving while out of service on a second occasion during any ten-year period, involving separate incidents, shall be disqualified in the manner prescribed in 49 CFR 383, or as amended by the Secretary.
10. Any person convicted of driving while out of service on a third or subsequent occasion during any ten-year period, involving separate incidents, shall be disqualified for a period of three years.
11. Any person convicted of a first violation of an out-of-service order while transporting or while operating a motor vehicle designed to transport sixteen or more passengers, including the driver, is disqualified for a period of one hundred eighty days.
12. Any person convicted of any of an out-of-service order in a separate incident within ten years after a previous violation, while transporting hazardous materials or while operating a motor vehicle designed to transport fifteen passengers, including the driver, is disqualified for a period of three years.
13. Any person convicted of any other offense as specified by regulations by the Secretary of Transportation shall be disqualified in accordance with such regulations.
14. After suspending, revoking, cancelling, or ing a driver, the director shall update s to reflect such and notify a 's and the within ten days in the manner prescribed in 49 CFR 384, or as amended by the Secretary.
15. Any person disqualified from operating a commercial motor vehicle pursuant to subsection 1, 2, 3 or 4 of this section shall have such , and upon conclusion of the period of disqualification shall take the written and driving tests and meet all other requirements of sections 302.700 to 302.780. Such disqualification and shall not be withdrawn by the director until such person reapplies for a commercial driver's license in this or any other state after meeting all requirements of sections 302.700 to 302.780.
16. The director shall disqualify a driver upon receipt of notification that the Secretary has determined a driver to be an pursuant to 49 CFR 383.52. of a disqualification determined by the Secretary pursuant to this section shall be held in accordance with regulations promulgated by the Secretary. The period of disqualification determined by the Secretary pursuant to this section shall be to any other period of disqualification which may be imposed by the director pursuant to this section. Both disqualifications shall appear on the driving record of the driver.
17. The director shall disqualify a commercial or of a commercial motor vehicle from operation of any commercial motor vehicle upon receipt of a for an offense of or pay, and such disqualification shall remain in effect until the director receives notice that the person has complied with the requirement to appear or pay.
18. The disqualification period must be in addition to any other previous periods of disqualification in the manner prescribed in 49 CFR 383, or as amended by the Secretary, except when the major or serious violations are a result of the same incident.
19. Any person is disqualified from driving a commercial motor vehicle for life for being convicted of using a commercial motor vehicle in the commission of a felony involving an act or practice of severe forms of , as defined in U.S.C. 7102(11)*. A disqualification for life under this subsection shall not be reduced.
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Source & history notes
(L. 1989 1st Ex. Sess. H.B. 3, A.L. 1995 H.B. 717, A.L. 2004 S.B. 1233, et al., A.L. 2009 H.B. 683, A.L. 2013 H.B. 103, A.L. 2014 S.B. 491, A.L. 2021 S.B. 262) *This reference appears to be to 22 U.S.C. Section 7102(11).
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