61-8-812. Suspension of commercial driver's license -- operation of out-of-service vehicle. (1) Upon receipt of notice from a court of competent jurisdiction or another licensing jurisdiction that a person holding a commercial driver's license has been convicted of violating an out-of-service order, the department shall suspend the person's commercial driver's license for:
     (a) 6 months for a first conviction;
     (b) 1 year for a second conviction if the vehicle being operated by the person at the time of the violation was not transporting placardable hazardous materials or was not designed or being used to transport more than 15 passengers, inclusive of the driver; and
     (c) 3 years:
     (i) for a second conviction if the vehicle:
     (A) being operated at the time of the violation was transporting placardable hazardous materials; or
     (B) was designed or being used to transport more than 15 passengers, inclusive of the driver; and
     (ii) for a third or subsequent conviction.
     (2) For purposes of this section, an offender is considered to have been previously convicted if less than 10 years have elapsed between the commission of the present offense and a previous conviction.
     (3) A temporary or probationary commercial driver's license may not be issued while a commercial driver's license is suspended under subsection (1).

     History: En. Sec. 1, Ch. 195, L. 1993; amd. Sec. 9, Ch. 105, L. 1997.