61-8-802. Suspension of commercial driver's license -- disqualification. (1) Except as provided in subsection (3), if the department receives notice from a court or from another licensing jurisdiction that a person holding a commercial driver's license has been convicted of any offense or conduct requiring driver disqualification under 49 U.S.C. 31310 or 49 CFR 383.51, the department shall suspend the person's commercial driver's license:
     (a) upon notice of a first conviction, for 1 year, except that if the offense occurred while operating a commercial motor vehicle transporting placardable hazardous material, the suspension must be for 3 years; or
     (b) upon notice of a second conviction of the same offense or conduct, for life, subject to federal rules allowing for license reinstatement, if otherwise eligible, upon completion of a minimum suspension period of 10 years.
     (2) The department is required by federal law to suspend a person's commercial driver's license upon the report of a conviction of any of the following offenses or conduct:
     (a) operating a commercial motor vehicle under the influence of alcohol or a controlled substance;
     (b) leaving the scene of an accident involving a commercial motor vehicle operated by the person;
     (c) using a commercial motor vehicle in the commission of a felony, other than a felony under 61-8-804;
     (d) operating a commercial motor vehicle while the person's commercial driver's license is revoked, suspended, or canceled or the person is disqualified from operating a commercial motor vehicle;
     (e) causing a fatality through negligent or criminal operation of a commercial motor vehicle; or
     (f) committing one of the following railroad grade crossing violations:
     (i) for drivers who are not required to always stop:
     (A) failing to slow down and check that the tracks are clear of an approaching train; or
     (B) failing to stop before reaching the crossing if the tracks are not clear;
     (ii) for drivers who are always required to stop, failing to stop before driving onto the crossing;
     (iii) for all drivers:
     (A) failing to have sufficient space to drive completely through the crossing without stopping;
     (B) failing to obey a traffic control device or the directions of an enforcement official at the crossing; or
     (C) failing to negotiate a crossing because of insufficient undercarriage clearance.
     (3) The department shall suspend the commercial driver's license of a person who is convicted of a railroad grade crossing violation for:
     (a) 60 days upon a first conviction;
     (b) 120 days upon a second conviction within a 3-year period; or
     (c) 1 year upon a third or subsequent conviction within a 3-year period.
     (4) A person whose commercial driver's license is suspended under this section:
     (a) is not eligible for a restricted probationary driver's license; and
     (b) may not operate a commercial motor vehicle until the suspension is lifted and the person's commercial driver's license is restored.

     History: En. Sec. 2, Ch. 378, L. 1989; amd. Sec. 27, Ch. 195, L. 1993; amd. Sec. 11, Ch. 207, L. 2001.