Idaho Code 49-335 – Disqualifications and Penalties — Commercial Driver’S License
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(1) Any person who operates a commercial motor vehicle or who holds a class A, B or C driver’s license is disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if convicted in the form of a judgment or withheld judgment of a first violation under any state or federal law of:
(a) Operating a motor vehicle while under the influence of alcohol or a controlled substance;
(b) Operating a commercial motor vehicle while the alcohol concentration of the person’s blood, breath or bodily substance is 0.04 or more;
(c) Leaving the scene of an accident involving a motor vehicle driven by the person;
(d) Using a motor vehicle in the commission of any felony;
(e) Operating a commercial motor vehicle when the person’s class A, B or C commercial driver’s license driving privileges were revoked, suspended or canceled or during a time when such person was disqualified from operating a commercial motor vehicle, if the reason for such revocation, suspension, cancellation or disqualification was the result of a violation that occurred while the person was operating a commercial motor vehicle;
(f) Causing a fatality through negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide by motor vehicle and negligent homicide.
(2) Any person who operates a commercial motor vehicle or who holds a class A, B or C driver’s license is disqualified from operating a commercial motor vehicle for a period of not less than one (1) year if the person refuses to submit to or submits to and fails a test to determine the driver’s alcohol, drug or other intoxicating substances concentration while operating a motor vehicle.
Terms Used In Idaho Code 49-335
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(3) If any of the offenses specified in subsection (1) or (2) of this section occurred while transporting a hazardous material required to be placarded, the person is disqualified for a period of not less than three (3) years.
(4) A person is disqualified for the period of time specified in 49 C.F.R. § part 383 if found to have committed two (2) or more of any of the offenses specified in subsection (1) or (2) of this section, or any combination of those offenses, arising from two (2) or more separate incidents.
(5) A person is disqualified for the period of time specified in 49 C.F.R. § part 383 from operating a commercial motor vehicle who uses a motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance or possession of a controlled substance with the intent to manufacture, distribute or dispense such controlled substance.
(6) A person who uses a commercial motor vehicle in the commission of a felony involving an act or practice of trafficking in persons, as described in 22 U.S.C. § 7102 and section 18-8602(1)(a), Idaho Code, is disqualified for the period of time specified in 49 C.F.R. § part 383 from operating a commercial motor vehicle.
(7) A person is disqualified from operating a commercial motor vehicle for a period of not less than sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) or more serious traffic violations, committed in a commercial motor vehicle arising from separate incidents occurring within a three (3) year period. A conviction for reckless driving shall be considered a serious traffic violation if committed while operating a commercial motor vehicle or a noncommercial motor vehicle, as specified in 49 CFR 383.
(8) A person who drives, operates, or is in physical control of a commercial motor vehicle within this state while having any detectable amount of alcohol in his system or who refuses to submit to an alcohol test must be placed out of service for twenty-four (24) hours and be subject to the provisions of section 18-8002, Idaho Code.
(9) It is unlawful to violate an out-of-service order. A person who is convicted in the form of a judgment or withheld judgment of a violation of an out-of-service order while driving a commercial motor vehicle is disqualified for not less than:
(a) One hundred eighty (180) days or more than one (1) year for a first conviction;
(b) Two (2) years or more than five (5) years for a second conviction arising from separate incidents during any ten (10) year period;
(c) Three (3) years or more than five (5) years for three (3) or more convictions arising from separate incidents during any ten (10) year period.
(10) A person who is convicted in the form of a judgment or withheld judgment of a violation of an out-of-service order while driving a commercial motor vehicle and transporting hazardous materials required to be placarded under the hazardous materials transportation act or while operating motor vehicles designed to transport sixteen (16) or more people including the driver is disqualified for not less than:
(a) One hundred eighty (180) days or more than two (2) years for a first conviction;
(b) Three (3) years or more than five (5) years for subsequent convictions arising from separate incidents in any ten (10) year period.
(11) A person is disqualified from operating a commercial motor vehicle if convicted of a railroad grade crossing violation as specified in 49 C.F.R. § part 383 or applicable state laws while operating a commercial motor vehicle. The disqualification shall be for a period of:
(a) Sixty (60) days for a first conviction;
(b) One hundred twenty (120) days for a second conviction during any three (3) year period;
(c) One (1) year for a third or subsequent conviction during any three (3) year period.
(12) A person is disqualified from operating a commercial motor vehicle if the federal motor carrier safety administration has determined the person’s driving constitutes an imminent hazard, as defined in 49 C.F.R. § 383.5.
(a) An imminent hazard disqualification may not exceed one (1) year in duration. The driver, or a representative on his or her behalf, may file an appeal of the disqualification with the assistant administrator, adjudications counsel, federal motor carrier safety administration.
(b) Any imminent hazard disqualification transmitted by the federal motor carrier safety administration shall become a part of the driver’s record.
(c) The imminent hazard disqualification shall run concurrent to any other existing disqualification.
(13) In addition to the disqualification periods in subsections (9) and (10) of this section, a driver who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than two thousand five hundred dollars ($2,500) for the first conviction and not less than five thousand dollars ($5,000) for any subsequent conviction.
(14) A person who is disqualified from holding a commercial driver’s license pursuant to 49 C.F.R. § 383.51 and subsection (4) of this section may make application to the department for reinstatement after a minimum ten (10) year period of disqualification.
(a) To be eligible for reinstatement following a lifetime disqualification under 49 C.F.R. § 383.51 and pursuant to subsection (4) of this section, a person shall:
(i) Have a valid class D driver’s license from Idaho or any other jurisdiction for a minimum of three (3) consecutive years prior to the date of application, provided that during such three (3) year period the applicant has not been incarcerated;
(ii) Meet all statutory requirements for issuance of a commercial driver’s license or commercial learner’s permit as a new commercial driver applicant;
(iii) Voluntarily and successfully complete the national safety council four (4) hour defensive driving course and the professional truck driver four (4) hour course and provide proof of completion of both courses to the department;
(iv) Submit a valid medical examiner’s certificate, if applicable;
(v) Submit a criminal background check showing that the applicant has not been convicted of any alcohol or drug-related offenses for the ten (10) years prior to the date of application; and
(vi) If the lifetime disqualification was based on an alcohol or controlled substance conviction, submit proof of the applicant’s successful completion of an appropriate rehabilitation program.
(b) A person who has been reinstated and issued a commercial driver’s license under this subsection who subsequently is convicted of a disqualifying major offense under 49 C.F.R. § 383.51 shall not be eligible for future reinstatement of a commercial driver’s license.
(c) The driving records for a person applying for reinstatement under this subsection shall be reviewed by the department. Such driving records shall include records regarding Idaho as well as any other jurisdiction. To be eligible for reinstatement as set forth in this subsection, such records for the ten (10) years preceding the date of application for reinstatement must be free of any convictions occurring in a commercial vehicle, any convictions or withdrawals related to alcohol or drugs, and any felony convictions involving a motor vehicle. Within the three (3) years preceding the date of application for reinstatement, the person’s driving record must be free of any convictions requiring a mandatory withdrawal of driving privileges, whether in this state or any other jurisdiction.
(d) If a person has moved from another jurisdiction that issued the lifetime disqualification, that jurisdiction must be willing to reinstate the disqualification or the person will remain ineligible for a commercial driver’s license in Idaho.