TRAFFIC CODE
59
which the driver may appeal the revocation.
(c) The revocation of the hazardous material
endorsement of a driver revocation under sub-
section (b) is for the period set forth under the reg-
ulations described in subsection (a).
9-24-6-12. Lifetime disqualification; previous
convictions; hazardous materials.
(a) A driver who:
(1) is:
(A) convicted of an offense described
in section 8(1) through 8(4) or 8(6) of
this chapter; or
(B) found to have violated section 8(7)
of this chapter; and
(2) has been previously convicted in a sep-
arate incident of any offense described in
section 8(1) through 8(4) or 8(6) of this
chapter;
is disqualified for life from driving a commercial
motor vehicle.
(b) Adriver who applies for a hazardous mate-
rials endorsement and has been convicted of:
(1) a felony under Indiana law that results
in serious bodily injury or death to another
person; or
(2) a crime in any other jurisdiction in
which the elements of the crime for which
the conviction was entered are substan-
tially similar to the elements of a felony
described in subdivision (1);
is disqualified for life from holding a hazardous
materials endorsement.
(c) The hazardous materials endorsement of a
driver who holds a hazardous materials endorse-
ment and is convicted of a:
(1) felony under Indiana law that results in
serious bodily injury or death to another
person; or
(2) crime in any other jurisdiction in which
the elements of the crime for which the
conviction was entered are substantially
similar to the elements of a felony
described in subdivision (1);
is revoked upon conviction, and the driver is dis-
qualified for life from holding a hazardous mate-
rials endorsement.
(d) The hazardous materials endorsement of a
driver may be revoked and the driver may be dis-
qualified from holding a hazardous materials
endorsement if the revocation and disqualification
are required under regulations adopted by the
United States Department of Homeland Security,
Transportation Security Administration.
9-24-6-13. Application for reinstatement.
(a) Aperson who is disqualified under section
12 of this chapter may apply to the bureau for rein-
statement of the person’s commercial driver’s
license. The bureau may reinstate the person’s
license if:
(1) The person has been disqualified for at
least ten (10) years;
(2) The person has voluntarily enrolled in
and successfully completed an appropriate
rehabilitation program that meets the stan-
dards of the bureau; and
(3) The person meets the standards of the
bureau for reinstatement of commercial
driving privileges.
(b) A person whose commercial driving
license is reinstated by the bureau under subsec-
tion (a) who is subsequently convicted of an
offense described in section 8 of this chapter is:
(1) Permanently disqualified; and
(2) Ineligible to reapply for a reduction in
the lifetime disqualification.
9-24-6-14. Disqualification for refusing BAC
test.
Aperson who refuses to undergo testing for the
enforcement of IC 9-30-5-1 or section 15 of this
chapter is disqualified from driving a commercial
motor vehicle for the time provided in section 9,
10, or 11 of this chapter, whichever is applicable.
9-24-6-15. Penalty for operating commercial
vehicle with BAC between .04
and .08.
A person who operates a commercial motor
vehicle with an alcohol concentration equivalent
to at least four-hundredths (0.04) gram but less
than eight-hundredths (0.08) gram of alcohol per:
(1) one hundred (100) milliliters of the
person’s blood; or
(2) two hundred ten (210) liters of the per-
son’s breath;
commits a Class C infraction.
