07 LC 34
1058
House
Bill 419
By:
Representatives Floyd of the
147th,
Rice of the
51st,
Powell of the
29th,
and Bearden of the
68th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to commercial drivers´ licenses, so as to provide for
definitions of certain terms; to change provisions relating to issuance of
commercial drivers´ licenses and permits; to provide for expiration of
commercial drivers´ licenses; to provide for disqualifications,
revocations, and suspensions of commercial drivers´ licenses; to provide
penalties for violations; to provide for related matters; to provide an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating
to commercial drivers´ licenses, is amended by revising Code Section
40-5-142, relating to definitions of terms, as follows:
"40-5-142.
As
used in this article, the term:
(1)
'Alcohol' means:
(A)
Beer, ale, port, or stout and other similar fermented beverages, including sake
or similar products, of any name or description containing one-half of 1 percent
or more of alcohol by volume, brewed or produced from malt, wholly or in part,
or from any substitute therefor;
(B)
Wine of not less than one-half of 1 percent of alcohol by volume;
(C)
Distilled spirits which means that substance known as ethyl alcohol, ethanol, or
spirits of wine in any form, including all dilutions and mixtures thereof from
whatever source or by whatever process produced; or
(D)
Any substance containing any form of alcohol, including, but not limited to,
ethanol, methanol, propanol, and isopropanol.
(2)
'Alcohol concentration' means:
(A)
The number of grams of alcohol per 100 milliliters of blood;
(B)
The number of grams of alcohol per 210 liters of breath; or
(C)
The number of grams of alcohol per 67 milliliters of urine.
(3)
'Commerce' means:
(A)
Trade, traffic, and transportation within the jurisdiction of the United States
between locations in a state and between a location in a state and a location
outside such state including a location outside the United States;
and
(B)
Trade, traffic, and transportation in the United States which affects any trade,
traffic, and transportation described in subparagraph (A) of this
paragraph.
(4)
'Commercial Driver License Information System' (CDLIS) means the information
system established pursuant to the Commercial Motor Vehicle Safety Act of 1986,
Title XII, Public Law 99-570, to serve as a clearing-house for locating
information related to the licensing and identification of commercial motor
vehicle drivers.
(5)
'Commercial driver´s instruction permit' means a permit issued pursuant to
subsection (c) of Code Section 40-5-147.
(6)
'Commercial driver´s license' (CDL) means a license issued in accordance
with the requirements of this article to an individual which authorizes the
individual to drive a class of commercial motor vehicle.
(7)
'Commercial motor vehicle' means a motor vehicle designed or used to transport
passengers or property:
(A)
If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or
such lesser rating as determined by federal regulation;
(B)
If the vehicle is designed to transport 16 or more passengers, including the
driver; or
(C)
If the vehicle is transporting hazardous materials as designated under 49 U.S.C.
Section 5103 and is required to be placarded in accordance with the Motor
Carrier Safety Rules prescribed by the United States Department of
Transportation, Title 49 C.F.R. Part 172, subpart F or is transporting any
quantity of a material listed as a select agent or toxin in Title 42 C.F.R.
Part 73;
provided,
however, that for the purposes of this article, no agricultural vehicle,
commercial vehicle operated by military personnel for military purposes,
recreational vehicle, or fire-fighting or emergency equipment vehicle shall be
considered a commercial vehicle.
As used in
this paragraph, the term 'fire-fighting or emergency equipment vehicle' means an
authorized emergency vehicle as defined in paragraph (5) of Code Section 40-1-1;
provided, however, that the vehicle must be equipped with audible and visible
signals and shall be subject to traffic regulations in accordance with the
requirements of Code Section 40-6-6. As
used in this paragraph, the term 'agricultural vehicle' means a farm vehicle
which is controlled and operated by a farmer, including operation by employees
or family members; used to transport agricultural products, farm machinery, or
farm supplies to or from a farm; and operated within 150 miles of such
person´s farm; which vehicle is not used in the operations of a common or
contract carrier. Any other waiver by the Federal Motor Carrier Safety
Administration pursuant to Federal Law 49 C.F.R. Parts 383 and 384 of the United
States Department of Transportation shall supersede state law in authorizing the
Department of Driver Services to exempt said classes.
(8)
'Controlled substance' means any substance so defined under Code Section
16-13-21 and includes all substances listed in Schedules I through V of 21
C.F.R. Part 1308, as they may be revised from time to time.
(9)
'Conviction' means an unvacated adjudication of guilt, or a determination that a
person has violated or failed to comply with the law in a court of original
jurisdiction or by an authorized administrative tribunal, an unvacated
forfeiture of bail or collateral deposited to secure the person´s
appearance in court, a plea of guilty or nolo contendere accepted by the court,
the payment of a fine or court cost, or violation of a condition of release
without bail, regardless of whether the penalty is rebated, suspended, or
probated.
(10)
'Disqualification' means any of the following:
(A)
The suspension, revocation, or cancellation of a commercial driver´s
license by any state or jurisdiction of issuance;
(B)
The withdrawal of a person´s privilege to drive a commercial motor vehicle
by any state or by any other jurisdiction as the result of a violation of any
state or local law relating to motor vehicle traffic control, other than
parking, vehicle weight, or vehicle defect violations; or
(C)
A determination by the Federal Motor Carrier Safety Administration that a person
is not qualified to operate a commercial motor vehicle.
(11)
'Drive' means to operate or be in actual physical control of a motor vehicle in
any place open to the general public for purposes of vehicular traffic. For
purposes of Code Sections 40-5-151 and 40-5-152, 'drive' includes operation or
actual physical control of a motor vehicle anywhere in this
state, in any
other state, or in any foreign
jurisdiction.
(12)
'Driver' means any person who drives, operates, or is in actual physical control
of a commercial motor vehicle in any place open to the general public for
purposes of vehicular traffic or who is required to hold a commercial
driver´s license.
(13)
'Driver´s license' means a license issued by a state to any individual
which authorizes the individual to drive a motor vehicle.
(13.1)
'Driving a
commercial
vehicle
while
under the
influence
of alcohol'
influence'
means committing any one or more of the following acts while a person is driving
or in actual physical control of a moving commercial
or
noncommercial
motor
vehicle:
(A)
Driving
while the person´s alcohol concentration is 0.04 percent or more by weight
of alcohol in his or her blood, breath, or urine;
(B)
Driving under the influence
of
alcohol, as prescribed by Code Section
40-6-391;
or any law or
ordinance equivalent thereto in this state, in any other state, or in any
foreign jurisdiction; or
(C)(B)
Refusal to submit to state-administered chemical testing when requested to do so
by a law enforcement officer.
(14)
'Employer' means any person, including the United States, a state, or a
political subdivision of a state, who owns or leases a commercial motor vehicle
or assigns a person to drive a commercial motor vehicle on its
behalf.
(14.1)
'Fatality' means the death of a person as a result of a motor vehicle
crash.
(15)
'Felony' means any offense under state or federal law that is punishable by
death, by imprisonment for life, or by imprisonment for more than 12
months.
(16)
'Foreign jurisdiction' means any jurisdiction other than a state of the United
States.
(17)
'Gross vehicle weight rating' (GVWR) means the value specified by the
manufacturer or manufacturers as the maximum loaded weight of a single or a
combination (articulated) vehicle, or registered gross weight, whichever is
greater. The gross vehicle weight rating of a combination (articulated)
vehicle, commonly referred to as the 'gross combination weight rating' (GCWR),
is the gross vehicle weight rating of the power unit plus the gross vehicle
weight rating of the towed unit or units. In the absence of a value specified
for the towed unit or units by the manufacturer or manufacturers, the gross
vehicle weight rating of a combination (articulated) vehicle is the gross
vehicle weight rating of the power unit plus the total weight of the towed unit
or units, including the loads on them.
(18)
'Hazardous materials'
has the
meaning the term has under 49 U.S.C.A. Section 5101, et
seq.
means any
material that has been designated as hazardous under 49 U.S.C. Section 5103 and
is required to be placarded in accordance with the Motor Carrier Safety Rules
prescribed by the United States Department of Transportation, Title 49 C.F.R.
Part 172, subpart F or any quantity of a material listed as a select agent or
toxin in Title 42 C.F.R. Part 73.
(18.1)
'Imminent hazard' means the existence of a condition that presents a substantial
likelihood that death, serious illness, severe personal injury, or a substantial
endangerment to health, property, or the environment may occur before the
reasonably foreseeable completion date of a formal proceeding begun to lessen
the risk of that death, illness, injury, or endangerment.
(18.2)
'Major traffic violation' means a conviction of any of the following offenses or
a conviction of any law or ordinance equivalent thereto in this state, in any
other state, or in any foreign jurisdiction, when operating either a commercial
motor vehicle or, unless otherwise specified, a noncommercial motor
vehicle:
(A)
Driving a vehicle under the influence in violation of Code Section
40-6-391;
(B)
Hit and run or leaving the scene of an accident in violation of Code Section
40-6-270, failure to report striking an unattended vehicle in violation of Code
Section 40-6-271, failure to report striking a fixed object in violation of Code
Section 40-6-272, or failure to report an accident in violation of Code Section
40-6-273;
(C)
Except as provided in subsection (b) of Code Section 40-5-151, any felony in the
commission of which a motor vehicle is used;
(D)
Driving a commercial motor vehicle while the person´s commercial
driver´s license or commercial driving privilege is revoked, suspended,
canceled, or disqualified;
(E)
Homicide by vehicle in violation of Code Section 40-6-393;
(F)
Racing on highways or streets in violation of Code Section
40-6-186;
(G)
Using a motor vehicle in fleeing or attempting to elude an officer in violation
of Code Section 40-6-395;
(H)
Fraudulent or fictitious use of or application for a license as provided in Code
Section 40-5-120 or 40-5-125;
(I)
Operating a motor vehicle with a revoked, canceled, or suspended registration in
violation of Code Section 40-6-15;
(J)
Violating Code Sections 16-8-2 through 16-8-9, if the property that was the
subject of the theft was a vehicle engaged in commercial transportation of cargo
or any appurtenance thereto or the cargo being transported therein or thereon,
as set forth in paragraph (8) of subsection (a) of Code Section 16-8-12;
or
(K)
Refusing to submit to a state administered chemical test requested by a law
enforcement officer pursuant to Code Section 40-5-55.
(19)
'Motor vehicle' means a vehicle, machine, tractor, trailer, or semitrailer
propelled or drawn by mechanical power used on highways, or any other vehicle
required to be registered under the laws of this state, but does not include any
vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a
rail.
(19.1)
'Noncommercial motor vehicle' means a motor vehicle or combination of vehicles
not defined by the term 'commercial motor vehicle' in this Code section or in
the regulations of the department for the purpose of licensure.
(20)
'Nonresident commercial driver´s license' means a commercial driver´s
license issued by a state to any individual who resides in a foreign
jurisdiction.
(21)
'Out of
service
Out-of-service
order' means a temporary prohibition against driving a commercial motor
vehicle.
(21.1)
'School bus' means a commercial motor vehicle used to transport pre-primary,
primary, or secondary school students from home to school, from school to home,
or to and from school sponsored events. The term does not include a bus used as
a common carrier.
(22)
'Serious traffic violation' means conviction of any of the following offenses
or a
conviction of any law or ordinance equivalent thereto in this state, in any
other state, or in any foreign
jurisdiction, when operating
either
a commercial motor vehicle
or, unless
otherwise specified, a noncommercial motor
vehicle:
(A)
Speeding 15 or more miles per hour above the posted speed limit;
(B)
Reckless
driving, as
defined under state or local
law;
(C)
Following another vehicle too
closely, as
defined under state or local
law;
(D)
Improper or erratic lane change
which
presents a risk to any other vehicle, but
not including failure to signal a lane change;
(E)
A violation, arising in connection with a fatal crash, of state law or a local
ordinance, relating to motor vehicle traffic control, excluding parking, weight,
length, height, and vehicle defect
violations,
but excluding homicide by vehicle as defined in Code Section
40-6-393;
(F)
A railroad grade crossing violation
as defined
under state law or local ordinance
in a
noncommercial motor vehicle;
(G)
Driving a commercial motor vehicle without obtaining a commercial driver´s
license;
(H)
Driving a commercial motor vehicle without a
valid
commercial driver´s license in the driver´s immediate
possession,
but excluding such violations when the person´s commercial driver´s
license or commercial driving privilege is suspended, revoked, canceled, or
disqualified; or
(I)
Driving a commercial motor vehicle without a commercial driver´s license of
the proper class
and/or
and
endorsements for the specific vehicle being operated or for the passengers or
type of cargo transported.
(23)
'State' means a state of the United States and the District of
Columbia.
(24)
'Tank vehicle' means any commercial motor vehicle designed to transport any
liquid or gaseous materials within a tank that is either permanently or
temporarily attached to the vehicle or the chassis. Such vehicles include, but
are not limited to, cargo tanks and portable tanks as defined by federal law.
However, the term 'tank vehicle' shall not include a portable tank having a
rated capacity under 1,000 gallons.
(25)
'United States' means the 50 states and the District of
Columbia."
SECTION
2.
Said
article is further amended by revising Code Section 40-5-147, relating to the
requirements for issuing a commercial driver´s license or instruction
permit, by adding a new subsection as follows:
"(e)
The department is authorized to promulgate rules necessary to grant a waiver or
exemption of the physical requirements for a commercial driver´s license or
a commercial driver´s instruction permit in 49 C.F.R. Part 391, Subpart E;
provided, however, that the person who is applying for a commercial
driver´s license or a commercial driver´s instruction permit or who
has previously been issued a commercial driver´s license and who is granted
the waiver or exemption shall only be authorized to drive a commercial motor
vehicle in this state. Notwithstanding this subsection, the department shall
not grant any type of waiver or exemption of said physical requirements unless
such type of waiver or exemption has previously been granted by the Federal
Motor Carrier Safety Administration."
SECTION
3.
Said
article is further amended by revising subsection (g) of Code Section 40-5-150,
relating to commercial driver´s licenses, as follows:
"(g)
Except as
provided for in Code Section 40-5-21.1,
the
The
commercial driver´s license shall expire on the licensee´s birthdate
in the
fourth
fifth
year following the issuance of such license."
SECTION
4.
Said
article is further amended by revising Code Section 40-5-151, relating to
disqualifications from commercial driving, as follows:
"40-5-151.
(a)
Any person is disqualified from driving a commercial motor vehicle for a period
of not less than one
year:
(1)
If
if
convicted of a first violation
of:
a major
traffic violation as defined in paragraph (18.2) of Code Section
40-5-142.
(A)
Any offense specified in Code Section 40-5-54 that occurs while the person is
driving or being in actual physical control of a moving commercial motor vehicle
or a moving noncommercial vehicle;
(B)
Driving or being in actual physical control of a moving commercial motor vehicle
while there is 0.04 percent or more by weight of alcohol in his or her blood,
breath, or urine;
(C)
Driving or being in actual physical control of a moving noncommercial vehicle in
violation of Code Section 40-6-391; or
(D)
Code Sections 16-8-2 through 16-8-9, if the property that was the subject of the
theft was a vehicle engaged in commercial transportation as set forth in
paragraph (8) of subsection (a) of Code Section 16-8-12; or
(2)
For refusal to submit to a test as prescribed in Code Section 40-5-55 to
determine the driver´s alcohol concentration while driving a commercial
motor vehicle or a noncommercial motor vehicle.
(b)
Any person is disqualified from driving a commercial motor vehicle for a period
of not less
than three years if convicted of a first
violation of using a commercial motor vehicle in the commission of a felony or
for
offenses
a major
traffic violation specified in subsection
(a) of this Code section, provided that the vehicle being operated or used in
connection with such violation or commission of such felony is transporting a
hazardous material required to be placarded under Section 105 of the Hazardous
Material Transportation Act.
(c)
Any person is disqualified from driving a commercial motor vehicle for life if
convicted of
two or more
violations of any of the offenses specified in subsection (a) of Code Section
40-5-54, paragraph (1) of subsection (b) of Code Section 40-5-146, or Code
Section 40-6-391, the refusal to submit to state administered chemical testing
as prescribed by Code Section 40-5-55,
a second or
subsequent major traffic violation as defined in paragraph (18.2) of Code
Section 40-5-142 or any combination of
those
such
violations
offenses or
refusals, arising from two or more
separate incidents.
(d)
The department may issue regulations establishing guidelines, including
conditions, under which a disqualification for life under subsection (c) of this
Code section may be reduced to a period of not less than ten years. The
department is not authorized to make any other reduction in a term of
disqualification or to issue a limited or other permit or license that would
allow the operation of a commercial motor vehicle during the term of
disqualification mandated by this Code section.
(e)
Any person is disqualified from driving a commercial motor vehicle for life who
knowingly uses a commercial motor vehicle in the commission of any felony
involving the manufacture, distribution,
cultivation,
sale, transfer of, trafficking in, or
dispensing of a controlled substance
or
marijuana, or possession with intent to
manufacture, distribute,
cultivate,
sell, transfer, traffic in, or dispense a
controlled substance
or
marijuana.
(f)(1)
Except as otherwise provided by paragraph (2) of this subsection,
any
Any
person is disqualified from driving a commercial motor vehicle for a period
of:
(1)
Not
not
less than 60 days if convicted of two serious traffic violations
or 120 days
if convicted of three serious traffic violations committed in a commercial motor
vehicle or a noncommercial motor vehicle
as defined in
paragraph (22) of Code Section 40-5-142
arising from separate incidents occurring within a three-year period as measured
from the dates of arrests for which convictions were
obtained.;
or
(2)
If the
serious traffic violation committed in a commercial motor vehicle is a railroad
grade crossing violation, the person shall be disqualified from driving a
commercial motor vehicle for a period of not less than 60 days upon the first
conviction within a three-year period as measured from the dates of arrests for
which convictions were obtained, for not less than 120 days if convicted of two
railroad grade crossing violations arising from separate incidents within a
three-year period as measured from the dates of arrests for which convictions
were obtained, or for not less than one year if convicted of three railroad
grade crossing violations arising from separate incidents within a three-year
period as measured from the dates of arrests for which convictions were
obtained
Not less than
120 days if convicted of a third or subsequent serious traffic violation as
defined in paragraph (22) of Code Section 40-5-142 arising from separate
incidents occurring within a three-year period as measured from the dates of
arrests for which convictions were
obtained.
(g)(1)
Any person is disqualified from driving a commercial motor vehicle based on the
following violations of out-of-service orders:
(A)
First violation — a driver who is convicted of a first violation of an
out-of-service order is disqualified for a period of not less than 90 days and
not more than one year;
(B)
Second violation — a driver who is convicted of two violations of
out-of-service orders in separate incidents is disqualified for a period of not
less than one year and not more than five years; and
(C)
Third or subsequent violation — a driver who is convicted of three or more
violations of out-of-service orders in separate incidents is disqualified for a
period of not less than three years and not more than five years.
(2)
Whenever the operator of a commercial motor vehicle is issued an out-of-service
order, a copy of such order shall be issued to the operator of the commercial
motor vehicle, the operator of the commercial motor vehicle´s employer, and
a copy or notice of such out-of-service order shall be provided to the
department. The form of such out-of-service order, the procedures for notifying
the department upon the issuance of such an order, and other matters relative to
the issuance of out-of-service orders and violations thereof shall be provided
in rules and regulations promulgated by the commissioner.
(3)
Any person is disqualified for a period of not less than 180 days nor more than
two years if the driver is convicted of a first violation of an out-of-service
order while transporting hazardous materials required to be placarded under
Section 105 of the Hazardous Materials Transportation Act, or while operating
commercial motor vehicles designed to transport more than 15 passengers,
including the driver. A driver is disqualified for a period of not less than
three years nor more than five years if, during any ten-year period, the driver
is convicted of any subsequent violations of out-of-service orders, in separate
incidents, while transporting hazardous materials required to be placarded under
Section 105 of the Hazardous Materials Transportation Act, or while operating
commercial motor vehicles designed to transport more than 15 passengers,
including the driver.
(4)
In addition to any other penalty imposed pursuant to this article, any driver
who is convicted of
a railroad
grade crossing violation in a commercial
vehicle
violating an
out-of-service order shall be subject to a
civil penalty of not less than $1,100.00 and not to exceed
$2,750.00.
(h)
After suspending, revoking, or canceling a commercial driver´s license, the
department shall update its records to reflect that action within ten days.
After suspending, revoking, or canceling a nonresident commercial driver´s
privileges, the department shall notify the licensing authority of the state
which issued the commercial driver´s license within ten days.
(i)
Any person is disqualified from driving a commercial motor vehicle for a period
of not less than 60 days if it is determined, in a check of an applicant´s
license status and record prior to issuing a commercial driver´s license or
at any time after the commercial driver´s license is issued, that the
applicant has falsified information on his or her application or any related
filing.
(j)(1)
Any person is disqualified from driving a commercial vehicle for a period of not
less than 30 days if the department receives notification from the Federal Motor
Carrier Safety Administration that the person poses an imminent
hazard.
(2)
If the Federal Motor Carrier Safety Administration notifies the department that
a person´s driving constitutes an imminent hazard and imposes a
disqualification greater than 30 days, the person shall be disqualified from
driving a commercial vehicle for the period designated by the Federal Motor
Carrier Safety Administration, not to exceed one year.
(k)(1)
Any person is disqualified from operating a commercial motor vehicle if
convicted of any of the following railroad grade crossing offenses while
operating a commercial motor vehicle:
(A)
Failing to slow down and check the tracks are clear of an approaching train
before proceeding;
(B)
Failing to stop before reaching the crossing if the tracks are not
clear;
(C)
Failing to stop before driving onto the crossing;
(D)
Failing to leave sufficient space to drive completely through a railroad
crossing without stopping;
(E)
Failing to obey a traffic-control device or the directions of an enforcement
official at a railroad crossing; or
(F)
Failing to negotiate a crossing because of insufficient undercarriage
clearance.
(2)(A)
Upon a first conviction for an offense listed in paragraph (1) of this
subsection, the period of disqualification shall be 60 days.
(B)
Upon a second conviction within a three-year period for an offense listed in
paragraph (1) of this subsection arising from a separate incident within a
three-year period, the period of disqualification shall be 120
days.
(C)
Upon a third or subsequent conviction within a three-year period for an offense
listed in paragraph (1) of this subsection arising from a separate incident, the
period of disqualification shall be one year.
(l)(1)
All disqualifications as provided for in subsection (f) of this Code section
shall become effective upon the date that the department processes the citation
or conviction, provided that no such disqualification is in effect; if such
disqualification is in effect the subsequent disqualification shall not take
effect until the current disqualification expires.
(2)
Notwithstanding paragraph (1) of this subsection, any other disqualification as
provided for in this Code section shall become effective upon the date that the
department processes the citation or conviction and may run concurrently to any
other disqualifications in effect.
(m)
All disqualifications provided for in this Code section shall be imposed based
on offenses in state law or on offenses of any laws or ordinances equivalent
thereto in this state, in any other state, or in any foreign
jurisdiction."
SECTION
5.
Said
article is further amended by revising Code Section 40-5-159, relating to the
suspension of commercial driver´s licenses and driving privileges, as
follows:
"40-5-159.
(a)
Any person who drives a commercial motor vehicle while in violation of the
provisions of Code Section 40-5-143 or any employer who knowingly allows,
requires, permits, or authorizes a driver to drive a commercial motor vehicle in
violation of the provisions of subsection (b) of Code Section 40-5-145 shall be
guilty of a felony and, upon conviction thereof, shall be punished as
follows:
(1)
Except as
provided for in subsections (d) and (e) of this Code section,
by
By
a civil penalty of $2,500.00 for each offense; and
(2)
By a fine of $5,000.00, imprisonment for not more than 90 days, or both, for
each offense.
(b)
Any employer who reports fraudulent information to the department regarding an
employee´s employment or experience as required under 49 C.F.R. Part 383
shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined
not less than $500.00.
(c)(1)
Any person who drives a commercial motor vehicle while in violation of the
provisions mandated under Code Section 40-5-146 shall be guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $500.00.
The
department shall suspend the commercial driver´s license or commercial
driving privilege of any driver convicted of violating subsection (a) or
paragraph (1) of subsection (b) of Code Section 40-5-146 for a period of six
months.
(2)
The department shall suspend the commercial driver´s license or commercial
driving privilege of any person who is convicted of violating Code Section
40-5-29 in a commercial vehicle for a period of six months.
(d)
Any employer who knowingly allows, requires, permits, or authorizes a driver to
drive a commercial motor vehicle in violation of any federal, state, or local
law or regulation pertaining to
railroad
grade crossings
an
out-of-service order shall be subject to a
civil penalty in an amount not less than $2,750.00 and not to exceed
$11,000.00.
(e)
Any employer who knowingly allows, requires, permits, or authorizes a driver to
drive a commercial motor vehicle in violation of any federal, state, or local
law or regulation pertaining to railroad grade crossings shall be subject to a
civil penalty not to exceed
$10,000.00."
SECTION
6.
This
Act shall become effective on January 1, 2008.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.