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Regular Session, 2013
HOUSE BILL NO. 380
BY REPRESENTATIVE LAMBERT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MTR VEHICLE/COMMERCIAL: Provides relative to the disqualification of commercial
motor vehicle drivers
AN ACT1
To amend and reenact R.S. 32:414.2 (A)(2)(c) and (4)(introductory paragraph) and (a),2
relative to commercial motor vehicle driver's and learner's permit holders; to provide3
for disqualification under certain circumstances for certain alcohol and drug driving4
offenses; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:414.2(A)(2)(c) and (4) (introductory paragraph) and (a) are hereby7
amended and reenacted to read as follows:8
ยง414.2. Commercial motor vehicle drivers and drivers with a commercial learner's9
permit; disqualification; issuance of Class "D" or "E" license; alcohol content10
in breath and blood; implied consent11
A.12
* * *13
(2) Any person shall be disqualified for life from operating a commercial14
motor vehicle for:15
* * *16
(c)(i) Conviction of a A second reported submission to a chemical test in17
connection with an arrest for the offense of operating under the influence of alcohol,18
operating with an alcohol concentration of 0.08 percent or more, or operating while19
under the influence of a controlled substance while operating a commercial motor20
vehicle or noncommercial motor vehicle by a commercial driver's license holder. A21 HLS 13RS-945 REENGROSSED
HB NO. 380
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disqualification pursuant to this Item for which a timely administrative hearing1
request has not been received or a disqualification pursuant to this Item which has2
been affirmed after an administrative hearing shall be considered a conviction for3
purposes of compliance with federal motor carrier rules.4
(ii) Conviction of a second offense A second reported submission to a5
chemical test by a commercial driver's license holder in connection with a traffic stop6
where the driver was found to have been of driving under the influence of alcohol7
with an alcohol concentration of at least 0.04 percent but under an alcohol8
concentration of 0.08 percent while operating a commercial motor vehicle. A9
disqualification pursuant to this Item for which a timely administrative hearing10
request has not been received or a disqualification pursuant to this Item which has11
been affirmed after an administrative hearing shall be considered a conviction for12
purposes of compliance with federal motor carrier rules.13
(iii) A second reported conviction of operating under the influence of14
alcohol, or operating while under the influence of a controlled substance while15
operating a commercial motor vehicle or noncommercial motor vehicle by a16
commercial driver's license holder.17
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(4) Except as provided in Subparagraph (A)(2)(a) of this Subsection for19
lifetime disqualification, and in Paragraph (A)(3) of this Subsection for three years20
disqualification for offenses committed while transporting hazardous materials, any21
person shall be disqualified from operating a commercial motor vehicle for a22
minimum period of one year for:23
(a)(i) A first conviction reported submission to a chemical test in connection24
with an arrest of a commercial driver's license holder, while operating a commercial25
motor vehicle or a noncommercial motor vehicle, of operating under the influence26
of alcohol, operating with an alcohol concentration of 0.08 percent or more, or27
operating under the influence of a controlled dangerous substance. A disqualification28
pursuant to this Item for which a timely administrative hearing request has not been29 HLS 13RS-945 REENGROSSED
HB NO. 380
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received or a disqualification pursuant to this Item which has been affirmed after an1
administrative hearing shall be considered a conviction for purposes of compliance2
with federal motor carrier rules.3
(ii) A first conviction of reported submission to a chemical test by a4
commercial driver's license holder of in connection with an investigation of driving5
under the influence of alcohol with an alcohol concentration of at least 0.04 percent6
but under an alcohol concentration of 0.08 percent while operating a commercial7
motor vehicle. A disqualification pursuant to this Item for which a timely8
administrative hearing request has not been received or a disqualification pursuant9
to this Item which has been affirmed after an administrative hearing shall be10
considered a conviction for purposes of compliance with federal motor carrier rules.11
(iii) A first reported conviction of a commercial driver's license holder, while12
operating a commercial motor vehicle or a noncommercial motor vehicle, or13
operating under the influence of a controlled dangerous substance.14
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lambert HB No. 380
Abstract: Provides relative to the disqualification of commercial motor vehicle drivers for
certain alcohol- or drug-related driving offenses.
Present law provides any person shall be disqualified for life from operating a commercial
motor vehicle upon conviction of a second offense of operating under the influence of
alcohol, operating with an alcohol concentration of 0.08% or more, or operating while under
the influence of a controlled substance while operating a commercial motor vehicle or
noncommercial motor vehicle by a commercial driver's license holder.
Proposed law modifies present law by changing the disqualification for life upon the second
reported submission to a chemical test in connection with a traffic stop where the driver was
found to have been operating a vehicle under the influence of alcohol.
Proposed law provides for disqualification of a person for life from operating a commercial
motor vehicle for a second reported conviction of operating under the influence of alcohol,
or operating while under the influence of a controlled substance while operating a
commercial motor vehicle or noncommercial motor vehicle by a commercial driver's license
holder. HLS 13RS-945 REENGROSSED
HB NO. 380
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are additions.
Proposed law provides that a disqualification for which a timely administrative hearing
request has not been received or a disqualification which has been affirmed after an
administrative hearing shall be considered a conviction for purposes of compliance with
federal motor carrier rules.
Present law provides that a person shall be disqualified for life from operating a commercial
motor vehicle upon conviction of a second offense of driving under the influence of alcohol
with an alcohol concentration of at least 0.04% but under an alcohol concentration of 0.08%
while operating a commercial vehicle.
Proposed law modifies present law by changing the disqualification for life upon conviction
of a second offense, instead to a second reported submission to a chemical test by a
commercial driver's license holder in connection with an investigation. Proposed law
provides that such a disqualification for which a timely administrative hearing request has
not been received or a disqualification which has been affirmed after an administrative
hearing shall be considered a conviction for purposes of compliance with federal motor
carrier rules.
Present law provides that a person shall be disqualified from operating a commercial motor
vehicle for a minimum period of one year upon the first conviction of a commercial driver's
license holder, while operating a commercial or noncommercial motor vehicle, of operating
under the influence of alcohol, operating with an alcohol concentration of 0.08% or more,
or operating under the influence of a controlled dangerous substance.
Proposed law modifies present law by changing the disqualification from operating a
commercial motor vehicle for a minimum period of one year upon first conviction, instead
to a first reported submission to a chemical test in connection with an arrest and provides
that such disqualification for which a timely administrative hearing request has not been
received, or a disqualification which has been affirmed after an administrative hearing, shall
be considered a conviction for purposes of compliance with federal motor carrier rules.
Present law provides that a person shall be disqualified from operating a commercial motor
vehicle for a minimum period of one year upon the first conviction of a commercial driver's
license holder while operating a commercial motor vehicle under the influence of alcohol
with an alcohol concentration of at least 0.04% but under an alcohol concentration of 0.08%.
Proposed law modifies present law by changing the disqualification from operating a
commercial motor vehicle for a minimum period of one year upon first conviction, instead
upon first reported submission to a chemical test in connection with an investigation and
provides that such disqualification for which a timely administrative hearing request has not
been received, or a disqualification which has been affirmed after an administrative hearing,
shall be considered a conviction for purposes of compliance with federal motor carrier rules.
Proposed law provides for disqualification of a person from operating a commercial motor
vehicle for a minimum period of one year for a first reported conviction of a commercial
driver's license holder, while operating a commercial motor vehicle or a noncommercial
motor vehicle, of operating under the influence of a controlled dangerous substance.
(Amends R.S. 32:414.2(A)(2)(c) and (4)(intro.para.) and (a))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Added a provision which disqualifies a person for life from operating a
commercial motor vehicle for a second reported conviction of operating under
the influence of alcohol, or operating while under the influence of a controlled HLS 13RS-945 REENGROSSED
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substance while operating a commercial motor vehicle or noncommercial motor
vehicle by a commercial driver's license holder.
2. Added a provision which disqualifies a person from operating a commercial
motor vehicle for a minimum period of one year for a first reported conviction
of a commercial driver's license holder, while operating a commercial motor
vehicle or a noncommercial motor vehicle, of operating under the influence of
a controlled dangerous substance.
House Floor Amendments to the engrossed bill
1. Made technical changes.
2. Modified a provision that provided for the disqualification for life of commercial
driving privileges upon certain investigations and instead specifies that such
disqualification is applicable to certain traffic stops where the driver was found
to have been driving under the influence of alcohol.