Page:United States Statutes at Large Volume 108 Part 2.djvu/306

 108 STAT. 1022 PUBLIC LAW 103-272—JULY 5, 1994 § 31310. Disqualifications (a) BLOOD ALCOHOL CONCENTRATION LEVEL.— In this section, the blood alcohol concentration level at or above which an individual when operating a commercial motor vehicle is deemed to be driving under the influence of alcohol is.04 percent. (b) FIRST VIOLATION OR COMMITTING FELONY.—(1) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, the Secretary of Transportation shall disqualify from operating a commercial motor vehicle for at least one year an individual— (A) committing a first violation of driving a commercial motor vehicle under the influence of alcohol or a controlled substance; (B) committing a first violation of leaving the scene of an accident involving a commercial motor vehicle operated by the individual; or (C) using a commercial motor vehicle in committing a felony (except a felony described in subsection (d) of this section). (2) If the vehicle involved in a violation referred to in paragraph (1) of this subsection is transporting hazardous material required to be placarded under section 5103 of this title, the Secretary shall disqualify the individual for at least 3 years. (c) SECOND AND MULTIPLE VIOLATIONS. — (1) Subject to paragraph (2) of this subsection, the Secretary shall disqualify from operating a commercial motor vehicle for life an individual— (A) committing more than one violation of driving a commercial motor vehicle under the influence of alcohol or a controlled substance; (B) committing more than one violation of leaving the scene of an accident involving a commercial motor vehicle operated by the individual; (C) using a commercial motor vehicle in committing more than one felony arising out of different criminal episodes; or (D) committing any combination of single violations or use described in clauses (A)-(C) of this paragraph. (2) The Secretary may prescribe regulations establishing guidelines (including conditions) under which a disqualification for life under paragraph (1) of this subsection may be reduced to a period of not less than 10 years. (d) CONTROLLED SUBSTANCE VIOLATIONS. — The Secretary shall disqualify from operating a commercial motor vehicle for life an individual who uses a commercial motor vehicle in committing a felony involving manufacturing, distributing, or dispensing a controlled substance, or possession with intent to manufacture, distribute, or dispense a controlled substance. (e) SERIOUS TRAFFIC VIOLATIONS. —(1) The Secretary shall disqualify from operating a commercial motor vehicle for at least 60 days an individual who, in a 3-year period, commits 2 serious traffic violations involving a commercial motor vehicle operated by the individual. (2) The Secretary shall disqualify from operating a commercial motor vehicle for at least 120 days an individual who, in a 3- year period, commits 3 serious traffic violations involving a commercial motor vehicle operated by the individual. (f) STATE DISQUALIFICATION.— Notwithstanding subsections (b)- (e) of this section, the Secretary does not have to disqualify an individual from operating a commercial motor vehicle if the State

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