2000 Minnesota Statutes

     171.165 Commercial driver's license, disqualification. 

    Subdivision 1.    First violation.  Subject to section 
 171.166, the commissioner shall disqualify a person from 
 operating commercial motor vehicles for one year upon receiving 
 a record of the first conviction of the person for a violation 
 of any of the following in the commission of which a commercial 
 motor vehicle was used: 

    (1) section 169A.20 or 169A.31; 

    (2) section 169.09, subdivision 1 or 2; 

    (3) a felony, other than a felony described in subdivision 
 3, clause (3); or 

    (4) an offense committed in another state that would be 
 grounds for disqualification under this subdivision or 
 subdivision 2 if committed in Minnesota. 

    Subd. 2.    Implied consent revocation.  The 
 commissioner shall disqualify a person from operating commercial 
 motor vehicles for one year from the effective date of a 
 revocation under section 169A.52 or a statute or ordinance from 
 another state in conformity with it, if the person was driving, 
 operating, or in physical control of a commercial motor vehicle 
 at the time of the incident on which the revocation is based. 

    Subd. 3.    Grave or multiple offenses.  Subject to 
 section 171.166, the commissioner shall disqualify a person from 
 operating commercial motor vehicles for: 

    (1) not less than three years, for a conviction or 
 revocation set forth in subdivision 1 or 2 committed during the 
 transportation of hazardous materials; 

    (2) not less than ten years, if the person is convicted a 
 second or subsequent time of an offense set forth in subdivision 
 1 or 2, a statute of another state or ordinance in conformity 
 with it, or any combination of those offenses; or 

    (3) life, if the person is convicted under chapter 152 of a 
 felony involving the manufacture, sale, or distribution of a 
 controlled substance, or involving the possession of a 
 controlled substance with intent to manufacture, sell, or 
 distribute it, and the person is found to have used a commercial 
 motor vehicle in the commission of the felony. 

    Subd. 4.    Serious traffic violation.  On receiving a 
 record of conviction and subject to section 171.166, the 
 commissioner shall disqualify a person from operating commercial 
 motor vehicles for 60 days if the person is convicted of two 
 serious traffic violations, or 120 days if convicted of three 
 serious traffic violations.  The violations must involve 
 separate incidents and must have been committed in a commercial 
 motor vehicle within a three-year period.  For purposes of this 
 subdivision, a serious traffic offense includes the following: 

    (1) following too closely under section 169.18, subdivision 
 8; 

    (2) erratic lane change under sections 169.18, subdivisions 
 3 and 7; and 169.19, subdivision 4; 

    (3) operating the commercial vehicle at a speed 15 miles 
 per hour or more above the posted speed limit; 

    (4) reckless or careless driving under section 169.13; 

    (5) fleeing a peace officer under section 609.487; and 

    (6) a violation of a moving traffic statute of Minnesota or 
 any state, or an ordinance in conformity with a Minnesota 
 statute, that arose in connection with a fatal accident. 

    Subd. 4a.    Violation of out-of-service order.  (a) The 
 commissioner shall disqualify a person from operating a 
 commercial motor vehicle for not less than: 

    (1) 90 days nor more than one year if the operator is 
 convicted of a first violation of an out-of-service order; 

    (2) one year nor more than five years if, during any 
 ten-year period, the operator is convicted of two violations of 
 out-of-service orders in separate incidents; and 

    (3) three years nor more than five years if, during any 
 ten-year period, the operator is convicted of three or more 
 violations of out-of-service orders in separate incidents. 

    (b) The commissioner shall notify the commissioner of 
 transportation of each disqualification under this subdivision. 

    Subd. 5.    Rules.  The commissioner shall adopt rules 
 to administer this section.  The rules must include procedures 
 for issuing class D licenses to persons who have been 
 disqualified from operating commercial motor vehicles but whose 
 drivers' licenses have not otherwise been revoked, suspended, 
 canceled, or denied. 

    Subd. 6.    Exemptions.  A disqualification shall not be 
 imposed under this section on a recreational equipment operator, 
 farmer, or firefighter operating a commercial motor vehicle 
 within the scope of section 171.02, subdivision 2, paragraph (b).

    Subd. 7.    Scope.  This section applies to offenses 
 committed, and revocations imposed for incidents occurring, on 
 or after January 1, 1990. 

    HIST: 1989 c 307 s 28; 1991 c 333 s 29; 1994 c 501 s 7; 1996 c 
 275 s 10; 1999 c 93 s 1; 2000 c 478 art 2 s 7