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47-6-205.2.


47-6-205.2.


    A.  As used in this section:
    1.  "Person" shall mean a resident of this state or an Oklahoma
licensee; and
    2.  "Conviction" shall mean:
         a.   an unvacated adjudication of guilt,
         b.   a determination that a person has violated or failed to
              comply with the law in a court of original jurisdiction
              or by an authorized administrative tribunal,
         c.   an unvacated forfeiture of bail or collateral deposited
              to secure a person's appearance in court,
         d.   the payment of a fine and court costs, or
         e.   a violation of a condition of release without bail,
              regardless of whether or not the penalty is rebated,
              suspended or probated.
    B.  The Department of Public Safety shall disqualify any person
from operating a Class A, B or C commercial motor vehicle for a
period of not less than one (1) year upon receiving a record of
conviction of any of the following disqualifying offenses, when such
conviction has become final:
    1.  Driving, operating or being in actual physical control of a
Class A, B or C commercial motor vehicle while having a blood or
breath alcohol concentration, as defined in Section 756 of this
title, or as defined by the state in which the arrest occurred, of
four-hundredths (0.04) or more;
    2.  Refusing to submit to a test for determination of alcohol
concentration, as required by Section 751 of this title, or as
required by the state in which the arrest occurred, while operating a
Class A, B or C commercial motor vehicle;
    3.  Driving or being in actual physical control of a Class A, B
or C commercial motor vehicle while under the influence of alcohol or
any other intoxicating substance or the combined influence of alcohol
and any other intoxicating substance.  Provided, the Department shall
not additionally disqualify, pursuant to this subsection, if the
person's driving privilege has been disqualified in this state
because of a test result or test refusal pursuant to paragraph 1 or 2
of this subsection as a result of the same violation arising from the
same incident;
    4.  Knowingly failing to stop and render aid as required under
the laws of this state in the event of a motor vehicle accident which
occurs while operating a Class A, B or C commercial motor vehicle; or
    5.  Any felony during the commission of which a Class A, B or C
commercial motor vehicle is used, except a felony involving the
manufacture, distribution or dispensation of a controlled dangerous
substance.
    C.  The Department of Public Safety shall disqualify any person
from operating a Class A, B or C commercial motor vehicle for a
period of not less than three (3) years upon receiving a record of
conviction of any of the following disqualifying offenses, committed
in connection with the operation of a motor vehicle which is required
to be placarded for hazardous materials under 49 C.F.R., Part 172,
subpart F, when such conviction has become final:
    1.  Driving, operating or being in actual physical control of a
Class A, B or C commercial motor vehicle while having a blood or
breath alcohol concentration, as defined in Section 756 of this
title, or as defined by the state in which the arrest occurred, of
four-hundredths (0.04) or more;
    2.  Refusing to submit to a test for determination of alcohol
concentration, as required by Section 751 of this title, or as
required by the state in which the arrest occurred, while operating a
Class A, B or C commercial motor vehicle;
    3.  Driving or being in actual physical control of a Class A, B
or C commercial motor vehicle while under the influence of alcohol or
any other intoxicating substance or the combined influence of alcohol
and any other intoxicating substance.  Provided, the Department shall
not additionally disqualify, pursuant to this subsection, if the
person's driving privilege has been disqualified in this state
because of a test result or test refusal pursuant to paragraph 1 or 2
of this subsection as a result of the same violation arising from the
same incident;
    4.  Knowingly failing to stop and render aid as required under
the laws of this state in the event of a motor vehicle accident which
occurs while operating a Class A, B or C commercial motor vehicle; or
    5.  Any felony during the commission of which a Class A, B or C
commercial motor vehicle is used, except a felony involving the
manufacture, distribution or dispensation of a controlled dangerous
substance.
    D.  The Department of Public Safety shall disqualify any person
from operating a Class A, B or C commercial motor vehicle for life
upon receiving a record of conviction in any court of any of the
following disqualifying offenses after a former conviction of any of
the following disqualifying offenses, when such second conviction has
become final:
    1.  Driving, operating or being in actual physical control of a
Class A, B or C commercial motor vehicle while having a blood or
breath alcohol concentration, as defined in Section 756 of this
title, or as defined by the state in which the arrest occurred, of
four-hundredths (0.04) or more;
    2.  Refusing to submit to a test for determination of alcohol
concentration, as required by Section 751 of this title, or as
required by the state in which the arrest occurred, while operating a
Class A, B or C commercial motor vehicle;
    3.  Driving or being in actual physical control of a Class A, B
or C commercial motor vehicle while under the influence of alcohol or
any other intoxicating substance or the combined influence of alcohol
and any other intoxicating substance.  Provided, the Department shall
not additionally disqualify, pursuant to this subsection, if the
person's driving privilege has been disqualified in this state
because of a test result or test refusal pursuant to paragraph 1 or 2
of this subsection as a result of the same violation arising from the
same incident;
    4.  Knowingly failing to stop and render aid as required under
the laws of this state in the event of a motor vehicle accident which
occurs while operating a Class A, B or C commercial motor vehicle; or
    5.  Any felony during the commission of which a Class A, B or C
commercial motor vehicle is used, except a felony involving the
manufacture, distribution or dispensation of a controlled dangerous
substance.
    The Department of Public Safety may promulgate rules establishing
conditions under which a disqualification for life pursuant to the
provisions of this subsection may be reduced to a period of not less
than ten (10) years.
    E.  The Department of Public Safety shall disqualify any person
from operating a Class A, B or C commercial motor vehicle for life
upon receiving a record of conviction for any felony related to the
manufacture, distribution or dispensation of a controlled dangerous
substance in the commission of which a Class A, B or C commercial
motor vehicle is used, when such conviction has become final.
    F.  The Department of Public Safety shall disqualify any person
from operating a Class A, B or C commercial motor vehicle for sixty
(60) days upon receiving a record of such person's second conviction
for a serious traffic offense arising out of separate transactions or
occurrences within a three-year period, when such convictions have
become final.  The Department of Public Safety shall disqualify any
person from operating a Class A, B or C commercial motor vehicle for
one hundred twenty (120) days upon receiving a record of such
person's third conviction for a serious traffic offense arising out
of separate transactions or occurrences within a three-year period,
when such convictions have become final.  As used in this subsection,
"serious traffic offense" shall mean any of the following offenses
committed while operating a commercial motor vehicle:
    1.  Speeding in excess of fifteen (15) miles per hour over the
limit;
    2.  Reckless driving;
    3.  Any traffic offense committed that results in or in
conjunction with a motor vehicle accident resulting in a fatality;
    4.  Erratic or unsafe lane change; or
    5.  Following too close.
    G.  Upon the receipt of a person's record of conviction of
violating a lawful out-of-service order, except as provided in
subsection H of this section, when such conviction becomes final, the
Department shall disqualify the driving privilege of such person as
follows:
    1.  The first conviction shall result in a ninety-day
disqualification;
    2.  The second conviction within ten (10) years shall result in a
one-year disqualification; and
    3.  The third or subsequent conviction within ten (10) years
shall result in a three-year disqualification.
    H.  Upon the receipt of a person's record of conviction of
violating a lawful out-of-service order while transporting hazardous
materials required to be placarded under the Hazardous Materials
Transportation Act (49 P. app. 1801-1813), or while operating motor
vehicles designed for transport of more than fifteen passengers,
including the driver, when such conviction becomes final, the
Department shall disqualify the driving privilege of such person as
follows:
    1.  The first conviction shall result in a one-year
disqualification; and
    2.  The second or subsequent conviction within ten (10) years
shall result in a three-year disqualification.
    I.  Any person who drives a Class A, B or C commercial motor
vehicle on any public roads, streets, highways, turnpikes or any
other public place of this state at a time when he is disqualified or
when his privilege to do so is canceled, denied, suspended or revoked
shall be guilty of a misdemeanor and upon conviction shall be
punished by a fine of not less than One Hundred Dollars ($100.00) and
not more than Five Hundred Dollars ($500.00), or by imprisonment for
not more than one (1) year, or by both such fine and imprisonment.
Each act of driving as prohibited shall constitute a separate
offense.
    J.  Such periods of disqualification as defined by this section
shall not be modified.  A person may not be granted driving
privileges to operate a Class A, B or C commercial vehicle until the
disqualification is reinstated.
    K.  When any such record of conviction, as specified in this
section, is received by the Department and pertains to a nonresident
operator of a Class A, B or C commercial motor vehicle, the
Department shall report such conviction to the licensing jurisdiction
in which the nonresident's license to operate such commercial vehicle
was issued or the nonresident's jurisdiction of residence.



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