TRAFFIC CODE
57
without having ever obtained a commer-
cial driver’s license or permit.
(10)Operating a commercial motor vehi-
cle without a commercial driver’s license
or permit in the possession of the individ-
ual.
(11)Operating a commercial motor vehi-
cle without holding the proper class or
endorsement of a commercial driver’s
license or permit for the operation of the
class of the commercial motor vehicle.
(12)Driving a commercial motor vehicle
while using a hand-held mobile device as
set forth in 49 CFR 383 through 384, and
49 CFR 390 through 392.
(b) Subsection (a)(1) through (a)(11) are
intended to comply with the provisions of 49
U.S.C. 31311(a)(10) and regulations adopted
under that statute.
9-24-6-7. Period of disqualification upon
conviction of serious traffic
violation.
(a) A driver who is convicted of a serious
traffic violation involving the operation of a com-
mercial motor vehicle, other than a violation
described in section 6(a)(7) or 6(a)(8) of this
chapter, is disqualified from driving a commercial
motor as follows:
(1) Upon conviction in two (2) separate
driving incidents in any three (3) year
period, disqualification for sixty (60) days.
(2) Upon conviction of a third or subse-
quent driving incidents in any three (3)
year period, disqualification for one hun-
dred twenty (120) days.
(b) This subsection is intended to comply with
the provisions of 49 U.S.C. 31311(a)(10) and reg-
ulations adopted under that statute. If a driver is
convicted of a serious traffic violation involving
the operation of a commercial motor vehicle and
the conviction is based on any of the violations
described in section 6(a)(7) or 6(a)(8) of this
chapter, the driver is disqualified from driving a
commercial motor vehicle as follows:
(1) Upon conviction of a first violation
described in section 6(a)(7) or 6(a)(8) of
this chapter during any three (3) year
period, disqualification for at least sixty
(60) days.
(2) Upon conviction of a second violation
described in section 6(a)(7) or 6(a)(8) of
this chapter in separate incidents during
any three (3) year period, disqualification
for at least one hundred twenty (120) days.
(3) Upon conviction of a third or subse-
quent violation described in section 6(a)(7)
or 6(a)(8) of this chapter in separate inci-
dents during any three (3) year period,
disqualification for at least one (1) year.
9-24-6-8. Other disqualifying offenses.
The The following, if committed while driv-
ing a commercial motor vehicle or while holding
any class of commercial driver’s license or permit,
are disqualifying offenses:
(1) Operating a vehicle while under the
influence of alcohol in violation of IC 9-
30-5-1(a), IC 9-30-5-1(b), or section 15 of
this chapter.
(2) Operating a vehicle while under the
influence of a controlled substance in vio-
lation of IC 9-30-5-1(c).
(3) Leaving the scene of an accident
involving the driver’s commercial motor
vehicle in violation of IC 9-26-1.
(4) Conviction of a felony involving the
use of a commercial motor vehicle other
than a felony described in subdivision (5).
(5) Use of a commercial motor vehicle in
the commission of a felony under IC 35-
48 involving manufacturing, distributing,
or dispensing of a controlled substance.
(6) Violation of IC 9-30-5-2 through IC 9-
30-5-8 involving operating a vehicle while
intoxicated.
(7) Refusing to undergo testing for the
enforcement of IC 9-30-5-1 or section 15
of this chapter.
9-24-6-9. One year disqualification.
A driver who:
(1) Either:
(A) Is convicted for the first time of a
disqualifying offense described in sec-
tion 8(1) through 8(4) or 8(6) of this
chapter; or
(B) Is found to have violated section
8(7) of this chapter; and
