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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
   this section in any court or by the Department of Public Safety
   following an administrative determination under the provisions of
   Section 754 of this title,
   
   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 collision 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 collision 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 collision 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 collision 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 such person has been disqualified
   or when the 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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