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S1130.....................................................by TRANSPORTATION
COMMERCIAL DRIVER'S LICENSES - Amends existing law relating to commercial
driver's licenses to provide for disqualification if a person submits to
and fails a test to determine the driver's concentration of alcohol, drug
or other intoxicating substances.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Transp
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - McGee
Title apvd - to House
03/05 House intro - 1st rdg - to Transp
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/12 3rd rdg - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass,
Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
Speaker
NAYS -- None
Absent and excused -- Clark
Floor Sponsor - Wills
Title apvd - to Senate
03/13 To enrol
03/14 Rpt enrol - Pres signed - Sp signed
03/15 To Governor
03/20 Governor signed
Session Law Chapter 100
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1130
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO COMMERCIAL DRIVER'S LICENSES; AMENDING SECTION 49-335, IDAHO CODE,
3 TO PROVIDE FOR DISQUALIFICATION IF A PERSON SUBMITS TO AND FAILS A TEST TO
4 DETERMINE THE DRIVER'S CONCENTRATION OF ALCOHOL, DRUG OR OTHER INTOXICAT-
5 ING SUBSTANCES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 49-335, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 49-335. DISQUALIFICATIONS AND PENALTIES -- COMMERCIAL DRIVER'S LICENSE.
10 (1) Any person who operates a commercial motor vehicle or who holds a class A,
11 B or C driver's license is disqualified from operating a commercial motor
12 vehicle for a period of not less than one (1) year if convicted in the form of
13 a judgment or withheld judgment of a first violation under any state or fed-
14 eral law of:
15 (a) Operating a motor vehicle while under the influence of alcohol or a
16 controlled substance;
17 (b) Operating a commercial motor vehicle while the alcohol concentration
18 of the person's blood, breath or bodily substance is 0.04 or more;
19 (c) Leaving the scene of an accident involving a motor vehicle driven by
20 the person;
21 (d) Using a motor vehicle in the commission of any felony.
22 (2) Any person who operates a commercial motor vehicle or who holds a
23 class A, B or C driver's license is disqualified from operating a commercial
24 motor vehicle for a period of not less than one (1) year if the person refuses
25 to submit to or submits to and fails a test to determine the driver's alcohol,
26 drug or other intoxicating substances concentration while operating a motor
27 vehicle.
28 (3) If any of the offenses specified in subsection (1) or (2) of this
29 section occurred while transporting a hazardous material required to be
30 placarded, the person is disqualified for a period of not less than three (3)
31 years.
32 (4) A person is disqualified for the period of time specified in 49 CFR
33 part 383 if found to have committed two (2) or more of any of the offenses
34 specified in subsection (1) or (2) of this section, or any combination of
35 those offenses, arising from two (2) or more separate incidents.
36 (5) A person is disqualified for the period of time specified in 49 CFR
37 part 383 from operating a commercial motor vehicle who uses a motor vehicle in
38 the commission of any felony involving the manufacture, distribution, or dis-
39 pensing of a controlled substance, or possession of a controlled substance
40 with the intent to manufacture, distribute or dispense such controlled sub-
41 stance.
42 (6) A person is disqualified from operating a commercial motor vehicle
43 for a period of not less than sixty (60) days if convicted of two (2) serious
2
1 traffic violations, or one hundred twenty (120) days if convicted of three (3)
2 or more serious traffic violations, committed in a commercial motor vehicle
3 arising from separate incidents occurring within a three (3) year period. A
4 conviction for reckless driving shall be considered a serious traffic viola-
5 tion if committed while operating a commercial motor vehicle or a noncommer-
6 cial motor vehicle, as specified in 49 CFR part 383.
7 (7) A person who drives, operates, or is in physical control of a commer-
8 cial motor vehicle within this state while having any detectable amount of
9 alcohol in his system or who refuses to submit to an alcohol test must be
10 placed out of service for twenty-four (24) hours and be subject to the provi-
11 sions of section 18-8002, Idaho Code.
12 (8) It is unlawful for a holder of a class A, B or C license to violate
13 an out-of-service order. A person who is convicted in the form of a judgment
14 or withheld judgment of a violation of an out-of-service order while driving a
15 commercial motor vehicle is disqualified for not less than:
16 (a) Ninety (90) days nor more than one (1) year for a first conviction;
17 (b) One (1) year nor more than five (5) years for a second conviction
18 arising from separate incidents during any ten (10) year period;
19 (c) Three (3) years nor more than five (5) years for three (3) or more
20 convictions arising from separate incidents during any ten (10) year
21 period.
22 (9) A person who is convicted in the form of a judgment or withheld judg-
23 ment of a violation of an out-of-service order while driving a commercial
24 motor vehicle and while transporting hazardous materials required to be
25 placarded under the hazardous materials transportation act, or while operating
26 motor vehicles designed to transport sixteen (16) or more people including the
27 driver, is disqualified for not less than:
28 (a) One hundred eighty (180) days nor more than two (2) years for a first
29 conviction;
30 (b) Three (3) years nor more than five (5) years for subsequent convic-
31 tions arising from separate incidents in any ten (10) year period.
32 (10) A person is disqualified from operating a commercial motor vehicle if
33 convicted of a railroad grade crossing violation as specified in 49 CFR part
34 383 or applicable state laws while operating a commercial motor vehicle. The
35 disqualification shall be for a period of:
36 (a) Sixty (60) days for a first conviction;
37 (b) One hundred twenty (120) days for a second conviction during any
38 three (3) year period;
39 (c) One (1) year for a third or subsequent conviction during any three
40 (3) year period.
41 (11) A person is additionally disqualified from operating a commercial
42 motor vehicle in accordance with 49 CFR part 383 if such person is convicted
43 of operating a commercial motor vehicle during a time when such person's class
44 A, B or C driving privileges were revoked, suspended or canceled or during a
45 time when such person was disqualified from operating a commercial motor vehi-
46 cle.
47 (12) A person is additionally disqualified from operating a commercial
48 motor vehicle in accordance with 49 CFR part 383 if convicted of causing a
49 fatality through the negligent operation of a commercial motor vehicle. Such
50 negligent operation of a commercial motor vehicle may include, but is not lim-
51 ited to, the crimes of motor vehicle manslaughter, homicide by motor vehicle,
52 or negligent homicide by motor vehicle.
53 (13) In addition to the disqualification periods in subsections (8) and
54 (9) of this section, a driver who is convicted of violating an out-of-service
55 order shall be subject to a civil penalty of not less than one thousand one
3
1 hundred dollars ($1,100) nor more than two thousand seven hundred fifty dol-
2 lars ($2,750).
STATEMENT OF PURPOSE
RS 16869
This legislation is to bring Idaho s Commercial Drivers License (CDL)
program into closer alignment with Federal Motor Carrier Safety
Administration (FMCSA) regulations. In December 2006, FMCSA was prepared
to send a non compliance letter to Idaho for not addressing this issue,
which would have been the first step in the process to withhold highway
funding.
Federal disqualification periods for major offenses of CDL holders or
those required to hold a CDL must be reflected in Idaho statutes.
Idaho s administrative license suspension (ALS) is considered one of
those major offenses. While the ALS currently disqualifies CDL holders
during the period of suspension (90 days for the first ALS and one year
for any subsequent ALS), the disqualification period required by FMCSA
regulations for major offenses is a one-year disqualification for the
first major offense and a lifetime disqualification for a second major
offense (arising in separate incidents) . Thus, under the proposed
legislation, if a driver had both an administrative license suspension
and a DUI conviction in one incident, only one disqualification would be
applied.
FISCAL NOTE
If this legislation is not implemented and Idaho s laws are found to be
in substantial non-compliance with Federal Motor Carrier Safety
Administration s regulations,
All future increases in FMCSA grant funding to the Motor Carrier Safety
Assistance Program will be eliminated.
There will be a permanent 5% reduction of the department s federal aid
highway funding the first year (approximately $6.6 million) and 10% in
subsequent years (approximately $13.2 million annually). The reduction
would affect the following categories:
- Interstate Maintenance
- National Highway System
- Surface Transportation Program
CONTACT
Name: Edward Pemble, Driver Services Manager
Agency: Idaho Transportation Department
Phone: 332-7830
STATEMENT OF PURPOSE/FISCAL NOTE S 1130