TRAFFIC CODE
58
(2) Is not transporting hazardous materials
required to be placarded under the federal
Hazardous Materials Transportation Act
(49 U.S.C. App. 1801-1813);
is qualified for one (1) year from driving a com-
mercial motor vehicle.
9-24-6-10. Three 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
(2) Is transporting hazardous materials
required to be placarded under the federal
Hazardous Materials Transportation Act
(49 U.S.C. App. 1801-1813);
is disqualified for three (3) years from driving a
commercial motor vehicle.
9-24-6-10.5. Disqualification for violation of
out-of-service order.
(a) Except as provided in subsection (b), and
in addition to any other penalty imposed for a
violation of this chapter, the court that imposes a
judgment for violation of an out-of-service order
shall order the person receiving the judgment to
be disqualified from driving a commercial vehi-
cle as follows:
(1) For at least one hundred eighty (180)
days but not more than one (1) year, if the
judgment is the person’s first judgment
for violation of an out-of-service order.
(2) For at least two (2) years but not more
than five (5) years, if the judgment is the
person’s second judgment for violation of
an out-of-service order during any ten (10)
year period.
(3) For at least three (3) years but not more
than five (5) years, if the person has at
least two (2) previous judgments for vio-
lation of an out-of-service order during
any ten (10) year period.
(b) In addition to any other penalty imposed
for a violation of this chapter, the court that
imposes a judgment upon a person because the per-
son violated an out-of-service order while the
person was transporting a hazardous material or
while operating a commercial motor vehicle
designed or used to transport more than fifteen (15)
passengers, including the driver, shall order the
person to be disqualified from driving a com-
mercial vehicle as follows:
(1) For at least one hundred eighty (180)
days but not more than two (2) years, if the
judgment is the person’s first judgment
for violation of an out-of-service order.
(2) For at least three (3) years but not more
than five (5) years, if the person has at
least one (1) previous judgment for viola-
tion of an out-of-service order that arose
out of a separate incident during any ten
(10) consecutive years.
(3) For at least three (3) years but not more
than five (5) years, if the person has at
least two (2) previous judgments for vio-
lation of an out-of-service order that arose
out of a separate incident during any ten
(10) consecutive years.
9-24-6-11. Lifetime disqualification; drug
offenses.
A driver who is convicted of an offense
described in section 8(5) of this chapter is dis-
qualified for life from driving a commercial motor
vehicle.
9-24-6-11.5. Hazardous material endorse-
ment revocation.
(a) This section applies if the United States
Department of Homeland Security, Transportation
Security Administration adopts regulations con-
cerning disqualifying offenses.
(b) The bureau shall revoke the hazardous
materials endorsement of a driver who:
(1) receives a judgment or conviction for
a disqualifying offense (as defined in the
regulations described in subsection (a))
immediately upon receiving notice of the
judgment or conviction; or
(2) is determined by the United States
Department of Homeland Security,
Transportation SecurityAdministration to
be potential security threat;
and shall give notice to the driver that the endorse-
ment has been revoked and of the procedure by