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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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