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HB 0419 - Commercial drivers' licenses; definitions; issuance; provisions

Tracking Level: Passed
Sponsor: Floyd,Johnny 147th
Last Action: 5/14/2007 - House Date Signed by Governor
House Committee: JudyNC
Senate Committee: PS&HS
Assigned To:
06. State CourtsNext Bill
10. Municipal CourtsNext Bill
Traffic LawNext Bill

Staff Analysis of the Legislation

Amend Article 7 of Chapter 5 of Title 40.  SB 15 added to this bill.  Relating to drivers� licenses.  Any person who drives a motor vehicle on any public highway of this state without being licensed shall be guilty of a misdemeanor.  The court may suspend the period of imprisonment if at the time of the offense the person had newly established residency in this state within the 60 days immediately prior to the offense, had in his or her possession a valid license issued by another state, and, for good cause shown, had not yet obtained a license issued by this state as required.  For the third of subsequent conviction within five years, such person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years, and there may be imposed in addition thereto a fine of not less than $2,500 nor more than $5,000.  

 

This bill adds a definition for �fire-fighting or emergency equipment vehicle� and �major traffic violation�.  Major traffic violation means a conviction of any of the offenses listed (DUI, hit and run or leaving the scene, any felony, driving while commercial license suspended/revoked, homicide by vehicle, racing, etc.).  Amends the definition of �hazardous materials�.  The department is allowed to waive physical requirements for attaining a CDL.  Any person is disqualified from driving a commercial motor vehicle for a period of not less than 60 days if convicted of two serious traffic violations within a three year period or not less than 120 days if convicted of a third or subsequent serious traffic violation. Any person is disqualified from operating a commercial motor vehicle if convicted of any of the listed railroad grade crossing offense while operating a commercial vehicle (failing to slow down and check the tracks, failing to stop before reaching the tracks if they are not clear, failing to leave sufficient space, failing to obey a traffic control device, failing to negotiate a crossing). For first conviction, disqualification for 60 days; for second conviction within three years, disqualification for 120 days; upon third of subsequent conviction within three years disqualification for one year.  Any employer, who knowingly allows, requires, permits, or authorizes a driver to drive a commercial vehicle in violation of any federal, state, or local law or regulation pertaining to railroad grade crossings shall be subject to a civil penalty not to exceed $10,000.


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