Section 18-1319. OUT-OF-SERVICE ORDERS  


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    1319.1A commercial driver shall be immediately placed out-of-service for a period of twenty-four (24) hours, based on the findings of an authorized law enforcement officer, if the driver:

     

    (a)Has consumed an intoxicating beverage or have any measurable or detectable alcohol concentration level regardless of its alcoholic content;

     

    (b)Is under the influence of an intoxicating beverage; or

     

    (c)Has a detectable presence of an intoxicating beverage regardless of its alcoholic content while operating, or in physical control of, a commercial motor vehicle.

     

    1319.2A law enforcement officer may confiscate the commercial driver license or commercial learner permit of a driver placed out-of-service pursuant to § 1319.1.

     

    1319.3Any license confiscated pursuant to § 1319.2 shall be returned after twenty-four (24) hours; Provided, that the commercial driver’s alcohol concentration was determined to be less than 0.04 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

     

    1319.4All twenty-four (24) hour out-of-service orders may be submitted to the Regional Director of the FHWA Office of Motor Carrier Standards for this region for review.

     

     

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 51 DCR 10913 (November 26, 2004); 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 Final Rulemaking published at 62 DCR 13453 (October 16, 2015).