§ 50–406. Disqualification.

(a) Consistent with subchapter I of Chapter 5 of Title 2, and Chapter 23 of this title, the Mayor shall disqualify from the operation of a commercial motor vehicle any person who is found to have committed any of the following:

(1) Driving a commercial motor vehicle while under the influence of alcohol or a controlled substance. For the purposes of this section, the phrase “while under the influence of alcohol” means 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. The phrase “controlled substance” means a drug, substance, or immediate precursor, as set forth in Chapter 9 of Title 48;

(2) Leaving the scene of an accident that involves a commercial motor vehicle operated by the person;

(3) Using a commercial vehicle in the commission of a felony;

(4) Commission of 2 or more serious traffic violations that involve a commercial motor vehicle operated by the person within a 3-year period; or

(5) Operation of a motor vehicle where the driver, the motor vehicle or motor vehicle operation owning the vehicle has been issued an out-of-service order and that order has not been cancelled or withdrawn.

(b)(1) A person who is found to have committed any violation of paragraphs (1) through (4) of subsection (a) of this section may have his or her commercial driver’s license suspended for one year for the first violation, from 10 years to life for the second violation, and for life for the third violation.

(2) A person who is found to have committed any violation set forth in subsection (a)(5) of this section may have his or her commercial driver’s license suspended for 90 days to one year for the first violation, from one to 5 years for the second violation in any 10-year period, and from 3 to 5 years for the third violation in any 10-year period.

(c) Notwithstanding the periods of disqualification set forth in subsection (b) of this section, if a person who uses a commercial vehicle in connection with a felony is transporting a hazardous material, the Mayor shall disqualify the person for a period of not less than 3 years. If a person uses a commercial vehicle in the commission of a felony that involves the manufacturing, distributing, or dispensing of a controlled substance, the Mayor shall disqualify the person from operating the vehicle for life.

(Sept. 20, 1990, D.C. Law 8-161, § 7, 37 DCR 4665; Apr. 27, 2001, D.C. Law 13-289, § 501(b), 48 DCR 2057; Mar. 2, 2007, D.C. Law 16-195, § 6, 53 DCR 8675.)

Prior Codifications

1981 Ed., § 40-1806.

Effect of Amendments

D.C. Law 13-289, in subsec. (a), deleted “or” at the end of par. (3), substituted “3-year period; or” for “3-year period.” in par. (4), and added par. (5); and rewrote subsec. (b) which had read:

“(b) A person who is found to have committed any violation set forth in subsection (a) of this section may have his or her commercial driver’s license suspended for 1 year for the first violation, from 10 years to life for the second violation, and for life for the third violation.”

D.C. Law 16-195 substituted “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” for “a blood alcohol concentration at or above 0.04% as established under 12008(f) of the Commercial Motor Vehicle Safety Act ( 40 U.S.C. § 2707(f))”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 4(c) of Anti-Drunk Driving Clarification Emergency Amendment Act of 2006 (D.C. Act 16-469, July 31, 2006, 53 DCR 6764).

For temporary (90 day) amendment of section, see § 6 of Anti-Drunk Driving Clarification Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-518, October 27, 2006, 53 DCR 9104).

For temporary (90 day) amendment of section, see § 6 of Anti-Drunk Driving Clarification Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-6, January 16, 2007, 54 DCR 1452).