Section 18-1306. DISQUALIFICATION

 

1306.1The Director shall disqualify a person from operating a commercial vehicle, by denying an application for a commercial driver license or learner permit or by withdrawing a person's commercial driver license or learner permit, if the person:

 

(a)Is convicted of driving any vehicle while under the influence of alcohol or a controlled substance;

 

(b)Is convicted of having an alcohol concentration of 0.04 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine while operating a commercial vehicle;

 

(c)Is convicted of refusing to take an alcohol test while operating any vehicle;

 

(d)Is convicted of leaving the scene of an accident while operating any vehicle;

 

(e)Is convicted of causing a fatality through the negligent operation of a commercial vehicle;

 

(f)Is convicted of using any vehicle in the commission of a felony;

 

(g)Is convicted of driving a commercial vehicle when, as a result of prior violations committed while operating a commercial vehicle, the person’s commercial driver license is revoked or suspended, or the person is disqualified from operating a commercial vehicle;

 

(h)Is convicted of driving a commercial vehicle and failing to slow down and stop before reaching a railroad crossing to check that railroad tracks are clear of an approaching train;

 

(i)Is convicted of driving a commercial vehicle without leaving sufficient space to drive through a railroad crossing without stopping;

 

(j) Is convicted of failure to obey a traffic control device or the directions of an enforcement official at a railroad crossing while operating a commercial vehicle;

 

(k) Is convicted of failure to negotiate a railroad crossing because of insufficient undercarriage clearance while operating a commercial vehicle;

 

(l)Is convicted of operating a commercial vehicle in violation of an out-of-service order;

 

(m)Is convicted of two (2) or more serious traffic violations within a three (3) year period;  

 

(n)Is convicted of operating a school bus, operating a vehicle designed to transport sixteen (16) or more people, including the driver, operating any vehicle that is more than twenty-six thousand and one (26,001) pounds, transporting hazardous material, or engaging in commercial interstate operation while under twenty-one (21) years of age;

 

(o)Has falsified information contained in the commercial driver license or learner permit application or a document submitted as part of the application process.  In such an instance, the Director shall at a minimum disqualify the person’s commercial driver license or learner permit or the person’s pending application, or disqualify the person from operating a commercial motor vehicle for a period of at least sixty (60) consecutive days;

 

(p)Is convicted of fraud related to the issuance of that commercial driver license or learner permit. The person so convicted who seeks to renew, transfer, or upgrade the fraudulently obtained commercial driver license or learner permit shall be disqualified for one (1) year and the Director shall record the withdrawal in the person’s driving record. The person may not reapply for a new commercial driver license or learner permit for at least one (1) year; or

 

(q)Is suspected, but has not been convicted, of fraud related to the issuance of his or her commercial driver license or learner permit, and within thirty (30) days after receiving notification from the Director that re-testing is necessary, the affected commercial driver license or learner permit holder has not made an appointment or otherwise scheduled to take the next available test. In such an instance, the commercial driver license or learner permit holder shall be disqualified from driving a commercial motor vehicle. If the person fails either the knowledge or skills test or does not take the test, he or she shall be disqualified from driving a commercial motor vehicle. Once a commercial motor vehicle or learner permit holder has been so disqualified, he or she must reapply for a commercial driver license or learner permit under the procedures set forth in this chapter.

 

1306.2For purposes of this chapter, the following violations are serious traffic violations:

 

(a)Driving a commercial vehicle at a speed fifteen (15) or more miles per hour in excess of the posted speed limit;

 

(b)Reckless driving in any motor vehicle;

 

(c)Violating a District or state traffic law, rule or regulation in connection with a fatal traffic accident in any motor vehicle;

 

(d)Improper or erratic traffic lane changes while operating a commercial vehicle;

 

(e)Operating a commercial vehicle without obtaining a commercial driver’s license;

 

(f)Following the vehicle ahead too closely while operating a commercial vehicle;

 

(g)Driving a commercial vehicle without the proper class of CDL and/or endorsement for the specific vehicle group being operated, or the number of passengers or type of cargo being transported;

 

(h)Driving a commercial motor vehicle while not in possession of a commercial driver’s license;

 

(i) Texting while driving;

 

(j) Use of a hand-held mobile telephone while driving.

 

1306.3Any person convicted of an offense provided for in this section shall be subject to any other administrative or judicial action initiated against him or her for violation of a District of Columbia traffic law, rule, or regulation.

 

1306.4The Director shall disqualify from operating a commercial vehicle any person who is convicted of any violation set forth in §§ 1306.1(a) through (g) as follows:

 

(a)One (1) year for the first (1st) conviction;

 

(b)Life for the second (2nd) conviction, except that the disqualification may be commuted to ten (10) years if the applicant completes the following:

 

(1)Submits a written request to the Director of the Department of Motor Vehicles for a review of his or her files;

 

(2)Submits proof that he or she has completed an alcohol abuse program, if applicable; and

 

(3)Submits evidence that he or she has had a good driving history during the period of disqualification; or

 

(c)Life for the third (3rd) conviction.

 

1306.5The Director shall, notwithstanding the period of disqualification set forth in § 1306.4, disqualify a commercial driver for a period of not less than three (3) years if he or she uses a commercial vehicle in connection with a disqualifying offense in §§ 1306.1(a) through (g) and is transporting hazardous material.

 

1306.6The Director shall disqualify a driver for life if he or she uses a commercial vehicle in the commission of a felony that involves manufacturing, distributing, or dispensing a controlled substance.

 

1306.7The Director shall disqualify, for the following periods, any commercial driver convicted of any violation set forth in §§ 1306.1(h) through (k):

 

(a)Sixty (60) days for the first (1st) conviction;

 

(b)One hundred and twenty (120) days for a second (2nd) conviction; or

 

(c)One (1) year for a third (3rd) or subsequent conviction.

 

1306.8The Director shall disqualify, for the following periods, any driver who is convicted of violating an out-of-service order:

 

(a)One (1) year for the first (1st) conviction; or

 

(b)Five (5) years for the second or subsequent conviction in any ten (10) year period.

 

1306.9The Director shall disqualify, for the following periods, any driver convicted of serious traffic violations under § 1306.2 within any three (3) year period:

 

(a)Sixty (60) days for any person convicted of two (2) serious traffic violations; or

 

(b)One hundred and twenty (120) days for any person convicted of three (3) or more serious traffic violations.

 

1306.10Any disqualification period imposed pursuant to this section shall run consecutively, and not concurrently, with any other disqualification period imposed; unless the disqualification is imposed by the federal government pursuant to 49 C.F.R. § 383.52.

 

1306.11The Director shall disqualify, for one hundred and eighty (180) days, any commercial driver convicted of violating § 1306.1(n).

 

1306.12The Director may require a commercial driver whose commercial driving privileges have been withdrawn, pursuant to this chapter, to successfully pass the testing requirements provided for in this chapter.

 

1306.13Any person failing to submit the medical documentation in the time period provided by § 1327 shall be disqualified until that information is submitted.

 

1306.14The Department shall act expeditiously in imposing disqualifications under this section and posting them to the driver’s record.

 

1306.15A disqualification may be imposed under this section based on evidence from any of the following:

 

(a)An order or other judgment of a court of competent jurisdiction in the District or any other jurisdiction.

 

(b)An administrative order of an agency of the District or any other jurisdiction, if the agency has statutory or regulatory authority over commercial drivers. 

 

(c)A computer record obtained from or through the Commercial Driver’s License Information System; or

 

(d)A computer record obtained from or through an agency of the District or any other jurisdiction, if the agency has statutory or regulatory authority over commercial drivers or the records of commercial drivers

 

1306.16The Department shall act expeditiously in imposing a disqualification under this section and posting the disqualification to the driver’s record.

 

 

authority

Sections 1825 and 1826 of the Department of Motor Vehicles Establishment Act of 1998, effective March 26, 1999 (D.C. Law 12-175; D.C. Official Code §§ 50-904 and 50-905 (2014 Repl.)); Sections 6 and 7 of the District of Columbia Traffic Act of 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code §§ 50-2201.03 and 50-1401.01 (2014 Repl.)); Section 3 of the Uniform Classification and Commercial Driver’s License Act of 1990, effective September 20, 1990 (D.C. Law 8-161; D.C. Official Code § 50-402 (2014 Repl.)); and Mayor’s Order 91-161, dated October 15, 1991.

source

Final Rulemaking published at 39 DCR 732 (February 7, 1992); as amended by Final Rulemaking published at 51 DCR 10913 (November 26, 2004); as amended by Final Rulemaking published at 53 DCR 2206 (March 24, 2006); as amended by the Anti-Drunk Driving Clarification Amendment Act of 2006, effective March 2, 2007 (D.C. Law 16-195; 53 DCR 8675 (October 27, 2006)); as amended by the Commercial Driver’s License Minimum Age Requirement Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-220; 57 DCR 5588, 5589 (July 2, 2010)); as amended by Final Rulemaking published at 57 DCR 10912, 10913 (November 19, 2010);as amended by Final Rulemaking published at 62 DCR 13453 (October 16, 2015).