§ 31-7-305 — Disqualification and cancellation; right to a hearing

(a) Any person is disqualified from driving a commercial
motor vehicle for a period of not less than one (1) year if
convicted of a first violation arising from separate incidents
of:
(i) Driving or in actual physical control of a motor
vehicle under the influence of alcohol or a controlled substance
to a degree which renders him incapable of safely driving a
motor vehicle;
(ii) Driving or in actual physical control of a
commercial motor vehicle while the alcohol concentration of the
person's blood, breath or other bodily substance is four
one-hundredths of one percent (0.04%) or more;
(iii) Knowingly and willfully leaving the scene of an
accident involving a motor vehicle driven by the person;
(iv) Using a motor vehicle in the commission of any
felony;
(v) Refusal to submit to a test to determine the
driver's alcohol concentration while driving or in actual
physical control of a motor vehicle;
(vi) Driving a commercial vehicle when, as a result
of prior convictions, the driver's driving privileges are
cancelled, suspended or revoked, or the driver is disqualified
from operating a commercial motor vehicle;
(vii) Causing a fatality through the negligent
operation of a commercial vehicle, including but not limited to
homicide by motor vehicle, negligent homicide, motor vehicle
manslaughter or a similar local ordinance or similar state law
from another jurisdiction;
(viii) Driving or being in actual physical control of
a motor vehicle while the alcohol concentration of the person's
blood, breath or other bodily substance is eight one-hundredths
of one percent (0.08%) or more;
(ix) Driving or being in actual physical control of a
motor vehicle while the alcohol concentration of the person's
blood, breath or other bodily substance is two one-hundredths of
one percent (0.02%) or more if the person is under twenty-one
(21) years of age and the person holds a valid commercial
driver's license or commercial learner's permit at the time of
the offense; or
(x) Violating any local ordinance or state law in
another jurisdiction which is substantially similar to any of
the violations listed in this subsection.
(b) If any of the violations provided in subsection (a) of
this section occurred while transporting a hazardous material
required to be placarded in accordance with 49 C.F.R. §§ 172.500
through 172.558, the person is disqualified for a period of not
less than three (3) years.
(c) A person may be disqualified for life if convicted of
two (2) or more violations of any of the offenses specified in
subsection (a) of this section or any combination of those
offenses arising from two (2) or more separate incidents. Only
offenses committed after the effective date of this act apply to
this subsection.
(d) The department shall issue regulations establishing
guidelines and conditions under which a disqualification for
life under subsection (c) of this section may be reduced to a
period of not less than ten (10) years. Any person whose
disqualification for life has been reduced under this subsection
and who is subsequently convicted of another disqualifying
offense under subsection (a) of this section shall not be again
eligible for a reduction under this subsection. The guidelines
and conditions shall be in compliance with the Commercial Motor
Vehicle Safety Act of 1986, P.L. 99-570 and 49 C.F.R. § 383.51.
(e) A person shall be disqualified for life from driving a
commercial motor vehicle for:
(i) Using a motor vehicle in the commission of any
felony involving the manufacture, distribution or dispensing of
a controlled substance, or possession with intent to
manufacture, distribute or dispense a controlled substance;
(ii) Using a commercial motor vehicle in the
commission of any felony involving human trafficking under W.S.
6-2-702 or 6-2-703.
(f) A person may be disqualified from driving 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) serious traffic
violations, committed in a motor vehicle arising from separate
incidents occurring within a three (3) year period.
(g) A driver who is convicted of violating an
out-of-service order may be disqualified for a period of:
(i) Not less than one hundred eighty (180) days nor
more than one (1) year if the driver is convicted of a first
violation of an out-of-service order;
(ii) Not less than two (2) years nor more than five
(5) years if, during any ten (10) year period, the driver is
convicted of two (2) separate violations of out-of-service
orders in separate incidents;
(iii) Not less than three (3) years nor more than
five (5) years if, during any ten (10) year period, the driver
is convicted of three (3) or more violations of out-of-service
orders in separate incidents;
(iv) Not less than one hundred eighty (180) days nor
more than two (2) years if the driver is convicted of a first
violation of an out-of-service order while transporting
hazardous materials required to be placarded under the Hazardous
Materials Transportation Act, 49 U.S.C. § 5101 et seq., or while
operating motor vehicles designed to transport more than fifteen
(15) passengers, including the driver. A driver is disqualified
for a period of not less than three (3) years nor more than five
(5) years if, during any ten (10) year period, the driver is
convicted of any subsequent violations of out-of-service orders,
in separate incidents, while transporting hazardous materials
required to be placarded under the Hazardous Materials
Transportation Act, or while operating motor vehicles designed
to transport more than fifteen (15) passengers, including the
driver.
(h) For offenses specified in this subsection relating to
a railroad-highway crossing, a person who holds, or is required
to have, a commercial driver's license is disqualified from
driving a commercial motor vehicle for a period of sixty (60)
days if convicted of a first offense under this subsection, for
a period of one hundred twenty (120) days if convicted of a
second offense under this subsection in a separate incident
within a three (3) year period, or for a period of one (1) year
for a third or subsequent conviction under this subsection
within a three (3) year period for driving a commercial motor
vehicle in violation of state or local law or regulation
pertaining to one (1) of the following offenses at a railroad-
highway crossing:
(i) For drivers who are not required to stop at all
railroad-highway crossings, failing to slow down and check that
the tracks are clear of an approaching train or other on-track
equipment;
(ii) For drivers who are not required to stop at all
railroad-highway crossings, failing to stop before reaching the
crossing if the tracks are not clear;
(iii) For drivers who are always required to stop at
all railroad-highway crossings, failing to stop before driving
onto the crossing;
(iv) For all drivers, failing to have sufficient
space to drive completely through the crossing without stopping;
(v) For all drivers, failing to obey a traffic
control device or the directions of an enforcement official at
the crossing; or
(vi) For all drivers, failing to negotiate a crossing
because of insufficient undercarriage clearance.
(j) After suspending, revoking, disqualifying or canceling
a commercial driver license, the state licensing authority shall
update its records to reflect that action within ten (10) days.
After suspending, revoking, disqualifying or canceling a
nonresident commercial driver's privileges, the department shall
notify the licensing authority of the state which issued the
commercial driver license within ten (10) days.
(k) Before a person is disqualified from driving a
commercial motor vehicle under this act, the department shall
notify the person and provide an opportunity for a hearing and
appeal in accordance with the provisions of W.S. 31-7-105.
(m) A disqualification under this section does not affect
the department's authority to suspend, revoke, cancel or deny a
license under any other law.
(n) Repealed By Laws 2011, Ch. 31, § 2.
(o) A person may be disqualified from driving a commercial
motor vehicle, or the department may downgrade a person's
commercial driver's license to a noncommercial driver's license,
if the person fails to provide a current federal medical
qualification certificate when requested by the department.
(p) If an applicant for a commercial driver's license or a
commercial learner's permit has been found to have made a false
application or been convicted of making a false application, the
applicant may have his commercial driver's license or commercial
learner's permit cancelled and be disqualified from operating a
commercial motor vehicle for a period of sixty (60) days.
(q) Upon the department receiving credible information
that the holder of a commercial driver's license or commercial
learner's permit is suspected of obtaining the license in a
fraudulent manner, the state shall notify the license holder in
writing at the address on file that they have thirty (30) days
to contact the department and schedule retesting. The
notification shall specify what tests must be retaken. If the
license holder does not contact the department, does not take
the test required or fails any rescheduled test, the license
holder shall have his license cancelled and shall be
disqualified from driving a commercial motor vehicle for a
period of one (1) year.