                                 CODE OF VIRGINIA

DISQUALIFICATION FOR CERTAIN OFFENSES (§ 46.2-341.18)

A. Except as otherwise provided in this section and in § 46.2-341.18:01, the
Commissioner shall disqualify for a period of one year any person whose record,
as maintained by the Department of Motor Vehicles, shows that he has been
convicted of any of the following offenses, if such offense was committed while
operating a commercial motor vehicle:

   1. A violation of any provision of &#xA7; 46.2-341.21 or a violation of any
   federal law or the law of another jurisdiction substantially similar to &#xA7;
   46.2-341.21;

   2. A violation of any provision of &#xA7; 46.2-341.24 or a violation of any
   federal law or the law of another state substantially similar to &#xA7;
   46.2-341.24;

   3. A violation of any provision of &#xA7; 18.2-51.4 or 18.2-266 or a violation
   of a local ordinance paralleling or substantially similar to &#xA7; 18.2-51.4
   or 18.2-266, or a violation of any federal, state or local law or ordinance
   substantially similar to &#xA7; 18.2-51.4 or 18.2-266;

   4. Refusal to submit to a chemical test to determine the alcohol or drug
   content of the person&#8217;s blood or breath in accordance with &#xA7;&#xA7;
   18.2-268.1 through 18.2-268.12 or this article, or the comparable laws of any
   other state or jurisdiction;

   5. Failure of the driver whose vehicle is involved in an accident to stop and
   disclose his identity at the scene of the accident; or

   6. Commission of any crime punishable as a felony in the commission of which a
   motor vehicle is used, other than a felony described in &#xA7; 46.2-341.19.

B. The Commissioner shall disqualify any such person for a period of three years
if any offense listed in subsection A was committed while driving a commercial
motor vehicle used in the transportation of hazardous materials required to be
placarded under federal Hazardous Materials Regulations (49 C.F.R. Part 172,
Subpart F).

C. Beginning September 30, 2005, the Commissioner shall disqualify for a period
of one year any person whose record, as maintained by the Department, shows that
he has been convicted of any of the following offenses committed while operating
a noncommercial motor vehicle, provided that the person was, at the time of the
offense, the holder of a commercial driver&#8217;s license, and provided further
that the offense was committed on or after September 30, 2005:

   1. A violation of any provision of &#xA7; 18.2-51.4, 18.2-266, or a violation
   of a local ordinance paralleling or substantially similar to &#xA7; 18.2-51.4
   or 18.2-266, or a violation of any federal, state, or local law or ordinance,
   or law of any other jurisdiction, substantially similar to &#xA7; 18.2-51.4 or
   18.2-266;

   2. Refusal to submit to a chemical test to determine the alcohol or drug
   content of the person&#8217;s blood or breath in accordance with &#xA7;&#xA7;
   18.2-268.1 through 18.2-268.12, or the comparable laws of any other state or
   jurisdiction;

   3. Failure of the driver whose vehicle is involved in an accident to stop and
   disclose his identity at the scene of the accident; or

   4. Commission of any crime punishable as a felony in the commission of which a
   motor vehicle is used.

D. The Commissioner shall disqualify for life any person whose record, as
maintained by the Department, shows that he has been convicted of two or more
violations of any of the offenses listed in subsection A or C, if each offense
arose from a separate incident, except that if all of the offenses are for
violation of an out-of-service order, the disqualification shall be for five
years. If two or more such disqualification offenses arise from the same
incident, the disqualification periods imposed pursuant to subsection A, B, or C
shall run consecutively and not concurrently.

E. The Commissioner shall disqualify for a period of five years a person who is
convicted of voluntary or involuntary manslaughter, where the death occurred as
a direct result of the operation of a commercial motor vehicle.

F. The Commissioner shall disqualify for life a person who is convicted of a
felony involving an act or practice of severe forms of trafficking in persons as
defined in 22 U.S.C. &#xA7; 7102(11) while driving a commercial motor vehicle,
including any local, state, or federal law substantially similar to or fitting
the definition of severe forms of trafficking in persons.

G. The Department may issue, if permitted by federal law, regulations
establishing guidelines, including conditions, under which a disqualification
for life under subsection D may be reduced to a period of not less than 10
years.

HISTORY: 1989, c. 705, § 46.1-372.17; 1992, c. 830; 1997, c. 691; 2005, c. 513;
2008, c. 190; 2010, c. 424; 2021, Sp. Sess. I, c. 136.