WV Code § 17E-1-13 (2021)
2021 West Virginia Code|Chapter 17E. Uniform Commercial Driver's License Act|Article 1. Commercial Driver's License|§17E-1-13. Disqualification

(a) A person may not operate a commercial motor vehicle if his or her privilege to operate a commercial motor vehicle is disqualified under the provisions of the Federal Motor Carrier Safety Improvement Act of 1999, 49 C. F. R. Part 383, Subpart D (2004) or in accordance with the provisions of this section.(1) For the purposes of determining first and subsequent violations of the offenses listed in this section, each conviction resulting from a separate incident includes convictions for offenses committed in a commercial motor vehicle or a noncommercial motor vehicle.(2) Any person disqualified from operating a commercial motor vehicle for life under the provisions of this chapter for offenses described in subdivisions (1), (2), (3), (4) and (6), subsection (b) of this section is eligible for reinstatement of privileges to operate a commercial motor vehicle after 10 years and after completion of the Safety and Treatment Program or other appropriate program prescribed by the division. Any person whose lifetime disqualification has been amended under the provisions of this subdivision, and who is subsequently convicted of a disqualifying offense described in subdivisions (1) through (7), inclusive, subsection (b) of this section, is not eligible for reinstatement. Any person disqualified from operating a commercial motor vehicle for life under subsection (n) of this section is not eligible for reinstatement.(3) Any person who committed a disqualifying offense contained in paragraph (B) or (E), subdivision (1), subsection (b) of this section prior to obtaining a commercial drivers license, and who committed the disqualifying offense more than 10 years before he or she applied for a commercial drivers license, and who has completed the Safety and Treatment Program or other appropriate program prescribed by the division, shall be considered to have served the period of disqualification and is eligible to obtain a commercial drivers license so long as all other eligibility requirements contained in 17E-1-9 and 17E-1-10 of this code are satisfied.(4) Any disqualification imposed by this section is in addition to any action to suspend, revoke, or cancel the drivers license or driving privileges if suspension, revocation, or cancellation is required under another provision of this code.(5) The provisions of this section apply to any person operating a commercial motor vehicle and to any person holding a commercial drivers license.(b) Any person is disqualified from driving a commercial motor vehicle for the following offenses and time periods if convicted of:(1) Driving a motor vehicle under the influence of alcohol or a controlled substance;(A) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of one year.(B) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a noncommercial motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of one year.(C) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C. F. R. Part 172, Subpart F, a driver is disqualified from operating a commercial motor vehicle for a period of three years.(D) For a second conviction or for refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life.(E) For a second conviction or refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a noncommercial motor vehicle, a commercial motor vehicle license holder is disqualified from operating a commercial motor vehicle for life.(2) Driving a commercial motor vehicle while the persons alcohol concentration of the persons blood, breath, or urine is four hundredths of one percent or more, by weight;(A) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one year.(B) For a first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C. F. R. Part 172, Subpart F, a driver is disqualified from operating a commercial motor vehicle for three years.(C) For a second conviction or refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life.(3) Refusing to submit to any designated secondary chemical test required by the provisions of this code or the provisions of 49 C. F. R. 383.72 (2004);(A) For the first conviction or refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one year.(B) For the first conviction or refusal to submit to any designated secondary chemical test while operating a noncommercial motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for one year.(C) For the first conviction or for refusal to submit to any designated secondary chemical test while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C. F. R. Part 172, Subpart F (2004), a driver is disqualified from operating a commercial motor vehicle for a period of three years.(D) For a second conviction or refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life.(E) For a second conviction or refusal to submit to any designated secondary chemical test in a separate incident of any combination of offenses in this subsection while operating a noncommercial motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for life.(4) Leaving the scene of an accident;(A) For the first conviction while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one year.(B) For the first conviction while operating a noncommercial motor vehicle, a commercial drivers license holder is disqualified for one year.(C) For the first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C. F. R. Part 172, Subpart F (2004), a driver is disqualified from operating a commercial motor vehicle for a period of three years.(D) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life.(E) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a noncommercial motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for life.(5) Using a motor vehicle in the commission of any felony as defined in 17E-1-3 of this code; except as set forth specifically in subsection (n) of this section;(A) For the first conviction while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one year.(B) For the first conviction while operating a noncommercial motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for one year.(C) For the first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C. F. R. Part 172, Subpart F (2004), a driver is disqualified from operating a commercial motor vehicle for a period of three years.(D) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life.(E) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a noncommercial motor vehicle, a commercial motor vehicle license holder is disqualified from operating a commercial motor vehicle for life.(6) Operating a commercial motor vehicle when, as a result of prior violations committed operating a commercial motor vehicle, the drivers privilege to operate a motor vehicle has been suspended, revoked, or canceled, or the drivers privilege to operate a commercial motor vehicle has been disqualified.(A) For the first conviction while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one year.(B) For the first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C. F. R. Part 172, Subpart F (2004), a driver is disqualified from operating a commercial motor vehicle for a period of three years.(C) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life.(7) Causing a fatality through the negligent operation of a commercial motor vehicle, including, but not limited to, the crimes of motor vehicle manslaughter, homicide and negligent homicide as defined in 17B-3-5, and 17C-5-1 of this code;(A) For the first conviction while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for one year.(B) For the first conviction while operating a commercial motor vehicle transporting hazardous materials required to be placarded under 49 C. F. R. Part 172, Subpart F (2004), a driver is disqualified from operating a commercial motor vehicle for a period of three years.(C) For a second conviction in a separate incident of any combination of offenses in this subsection while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for life. (c) Any person is disqualified from driving a commercial motor vehicle if convicted of:(1) Speeding excessively involving any speed of 15 miles per hour or more above the posted speed limit;(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of 60 days.(B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial drivers license holders privilege to operate any motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 60 days.(C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of 120 days.(D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial drivers license holders privilege to operate any motor vehicle, a commercial drivers license holder shall be disqualified from operating a commercial motor vehicle for a period of 120 days.(2) Reckless driving as defined in 17C-5-3 of this code, careless or negligent driving, including, but not limited to, the offenses of driving a motor vehicle in willful or wanton disregard for the safety of persons or property;(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of 60 days.(B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial drivers license holders privilege to operate any motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 60 days.(C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of 120 days.(D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial drivers license holders privilege to operate any motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 120 days.(3) Making improper or erratic traffic lane changes;(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of 60 days.(B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial drivers license holders privilege to operate any motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 60 days.(C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of 120 days.(D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial drivers license holders privilege to operate any motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 120 days.(4) Following the vehicle ahead too closely;(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of 60 days.(B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial drivers license holders privilege to operate any motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 60 days.(C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of 120 days.(D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial drivers license holders privilege to operate any motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 120 days.(5) Violating any law relating to traffic control arising in connection with a fatal accident, other than a parking violation;(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of 60 days.(B) For a second conviction of any combination of offenses in this section in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial drivers license holders privilege to operate any motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 60 days.(C) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of 120 days.(D) For a third or subsequent conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a noncommercial motor vehicle, if the conviction results in the suspension, revocation, or cancellation of the commercial drivers license holders privilege to operate any motor vehicle, a commercial motor vehicle license holder is disqualified from operating a commercial motor vehicle for a period of 120 days.(6) Driving a commercial motor vehicle without obtaining a commercial drivers license;(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of 60 days.(B) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for a period of 120 days.(7) Driving a commercial motor vehicle without a commercial drivers license in the drivers possession except that any person who provides proof of possession of a commercial drivers license to the enforcement agency that issued the citation by the court appearance or fine payment deadline is not guilty of this offense;(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 60 days.(B) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 120 days.(8) Driving a commercial motor vehicle without the proper class of commercial drivers license or the proper endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported;(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 60 days.(B) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 120 days.(9) Driving a commercial motor vehicle while engaged in texting and convicted pursuant to 17E-1-14a of this code or similar law of this or any other jurisdiction or 49 C. F. R. 392.80;(A) For a second conviction of any combination of offenses in this subsection in a separate incident within a three-year period while operating a commercial motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 60 days.(B) For a third or subsequent conviction of any combination of the offenses in this subsection in a separate incident in a three-year period while operating a commercial motor vehicle, a commercial drivers license holder is disqualified from operating a commercial motor vehicle for a period of 120 days.(d) Any person convicted of operating a commercial motor vehicle in violation of any federal, state, or local law or ordinance pertaining to railroad crossing violations described in subdivisions (1) through (6), inclusive, of this subsection is disqualified from operating a commercial motor vehicle for the period of time specified;(1) Failing to slow down and check that the tracks are clear of an approaching train, if not required to stop in accordance with the provisions of 17C-12-3 of this code;(A) For the first conviction, a driver is disqualified from operating a commercial motor vehicle for a period of 60 days;(B) For a second conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for 120 days; and(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one year.(2) Failing to stop before reaching the crossing, if the tracks are not clear, if not required to stop in accordance with the provisions of 17C-12-1 of this code;(A) For the first conviction, a driver is disqualified from operating a commercial motor vehicle for a period of 60 days;(B) For a second conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for 120 days; and(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one year.(3) Failing to stop before driving onto the crossing, if required to stop in accordance with the provisions of 17C-12-3 of this code;(A) For the first conviction, a driver is disqualified from operating a commercial motor vehicle for a period of 60 days;(B) For a second conviction of any combination of offenses in this subsection within a three-year period, the driver is disqualified from operating a commercial motor vehicle for 120 days; and(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one year.(4) Failing to have sufficient space to drive completely through the crossing without stopping in accordance with the provisions of 17C-12-3 of this code;(A) For the first conviction, a driver is disqualified from operating a commercial motor vehicle for a period of 60 days;(B) For a second conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for 120 days; and(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one year.(5) Failing to obey a traffic control device or the directions of an enforcement official at the crossing in accordance with the provisions of 17C-12-1 of this code;(A) For the first conviction, a driver is disqualified from operating a commercial motor vehicle for a period of 60 days;(B) For a second conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for 120 days; and(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one year.(6) Failing to negotiate a crossing because of insufficient undercarriage clearance in accordance with the provisions of 17C-12-3 of this code.(A) For the first conviction, a driver is disqualified from operating a commercial motor vehicle for a period of 60 days;(B) For a second conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for 120 days; and(C) For a third or subsequent conviction of any combination of offenses in this subsection within a three-year period, a driver is disqualified from operating a commercial motor vehicle for one year.(e) Any person who is convicted of violating an out-of-service order while operating a commercial motor vehicle is disqualified for the following periods of time: (1) If convicted of violating a driver or vehicle out-of-service order while transporting nonhazardous materials;(A) For the first conviction of violating an out-of-service order while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for 180 days.(B) For a second conviction in a separate incident within a 10-year period for violating an out-of-service order while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for two years.(C) For a third or subsequent conviction in a separate incident within a 10-year period for violating an out-of-service order while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for three years.(2) If convicted of violating a driver or vehicle out-of-service order while transporting hazardous materials required to be placarded under 49 C. F. R. Part 172, Subpart F (2004) or while operating a vehicle designed to transport 16 or more passengers including the driver;(A) For the first conviction of violating an out-of-service order while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for 180 days.(B) For a second conviction in a separate incident within a ten-year period for violating an out-of-service order while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for three years.(C) For a third or subsequent conviction in a separate incident within a 10-year period for violating an out-of-service order while operating a commercial motor vehicle, a driver is disqualified from operating a commercial motor vehicle for three years.(f) After disqualifying, suspending, revoking, or canceling a commercial drivers license, the division shall update its records to reflect that action within 10 days.(g) In accordance with the provisions of 49 U. S. C. 313119(a)(19)(2004), and 49 C. F. R. 384.226 (2004), notwithstanding the provisions of 61-11-25 of this code, no record of conviction, revocation, suspension, or disqualification related to any type of motor vehicle traffic control offense, other than a parking violation, of a commercial drivers license holder or a person operating a commercial motor vehicle may be masked, expunged, deferred, or be subject to any diversion program.(h) Notwithstanding any provision in this code to the contrary, the division may not issue any temporary driving permit, work-only driving permit, or hardship license or permit that authorizes a person to operate a commercial motor vehicle when his or her privilege to operate any motor vehicle has been revoked, suspended, disqualified, or otherwise canceled for any reason.(i) In accordance with the provisions of 49 C. F. R. 391.15(b), a driver is disqualified from operating a commercial motor vehicle for the duration of any suspension, revocation, or cancellation of his or her drivers license or privilege to operate a motor vehicle by this state or by any other state or jurisdiction until the driver complies with the terms and conditions for reinstatement set by this state or by another state or jurisdiction.(j) In accordance with the provisions of 49 C. F. R. 353.52 (2006), the division shall immediately disqualify a drivers privilege to operate a commercial motor vehicle upon a notice from the assistant administrator of the Federal Motor Carrier Safety Administration that the driver poses an imminent hazard. Any disqualification period imposed under the provisions of this subsection shall be served concurrently with any other period of disqualification if applicable.(k) In accordance with the provisions of 49 C. F. R. 1572.11(a), the division shall immediately disqualify a drivers privilege to operate a commercial motor vehicle if the driver fails to surrender his or her drivers license with a hazardous material endorsement to the division upon proper notice by the division to the driver that the division received notice from the Department of Homeland Security Transportation Security Administration of an initial determination of threat assessment and immediate revocation that the driver does not meet the standards for security threat assessment provided in 49 C. F. R. 1572.5. The disqualification remains in effect until the driver either surrenders the drivers license to the division or provides the division with an affidavit attesting to the fact that the driver has lost or is otherwise unable to surrender the license.(l) In accordance with 49 C. F. R. 391.41, a driver is disqualified from operating a commercial motor vehicle if the driver is not physically qualified to operate a commercial motor vehicle or does not possess a valid medical certification status.(m) In accordance with the provisions of 49 C. F. R. 383.73(g), the division shall disqualify a drivers privilege to operate a commercial motor vehicle if the division determines that the licensee has falsified any information or certifications required under the provisions of 49 C. F. R. 383 Subpart J or 49 C. F. R. 383.71(a) for 60 days in addition to any other penalty prescribed by this code.(n) Lifetime Disqualification Without Reinstatement.(1) Controlled substance violations An individual who uses a commercial motor vehicle in committing a felony involving manufacturing, distributing, or dispensing a controlled substance, or involving possession with intent to manufacture, distribute, or dispense a controlled substance is disqualified from operating a commercial motor vehicle for life and is not eligible for reinstatement.(2) Human trafficking violations An individual who uses a commercial motor vehicle in committing a felony involving an act or practice described in paragraph (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)) is disqualified from operating a commercial motor vehicle for life and is not eligible for reinstatement.