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S.L. 1998-149 [SESSION LAWS
(h) Violation of Qut-of-Service Order; Special Rule for Hazardous
Materials and Passenger Offenses. — Any person convicted for violating an
out-of-service order while transporting hazardous materials or while
operating a commercial vehicle designed or used to transport more than 15
passengers, including the driver, shall be disqualified as follows:
(1) A person is disqualified for a period of 1 80 days if convicted of a
first violation of an out-of-service order.
(2) A person is disqualified for a period of three years if convicted of
a second or subsequent violation of an out-of-service order during
any 1 0-year period, arising from separate incidents.
(i) Disqualification for Out-of- State Violations. — The Division shall
withdraw the privilege to operate a commercial vehicle of any resident of this
State upon receiving notice of the person's conviction in another state for an
offense that, if committed in this State, would be grounds for
disqualification. The period of disqualification shall be the same as if the
offense occurred in this State.
(j) Disqualification of Persons Without Commercial Drivers Licenses. —
Any person convicted of an offense that requires disqualification under this
section, but who does not hold a commercial drivers license, shall be
disqualified from operating a commercial vehicle in the same manner as if
the person held a valid commercial drivers license.
"
Section 4. G.S. 20-37. 12(b) reads as rewritten:
"(b) The out-of-service criteria as referred to in 49 C.F.R. §§392,5 and
395,13. as adopted by the Divi s ion, Subchapter B apply to a person who
drives a commercial motor vehicle. No person shall drive a commercial
motor vehicle on the highways of this State in violation of an out-of-service
order."
Section 5. G.S. 20-37. 16(c) reads as rewritten:
"(c) Endorsements. ~ The endorsements required to drive certain motor
vehicles are as follows:
Endorsement
Vehicles That Can Be Driven
H Vehicles carrying hazardous materials k other than tank
vehicles Vehicles, regardless of size or class, except tank
vehicles, when transporting hazardous materials that
require the vehicle to be placarded
M Motorcycles
N Tank vehicles not carrying hazardous materials
P Vehicles carrying passengers
T Double trailers
X Tank vehicles carrying hazardous materials.
To obtain an H or an X endorsement, an applicant must take a test. This
requirement applies when a person first obtains an H or an X endorsement
and each time a person renews an H or an X endorsement. An applicant
who has an H or an X endorsement issued by another state who applies for
an H or an X endorsement must take a test unless the person has passed a
test that covers the information set out in 49 C.F.R. § 383.121 within the
preceding two years."
Section 6. G.S. 20-1 15.1(b) reads as rewritten:
426
Object Description
Description
| Title | Page 442 |
| Full Text | S.L. 1998-149 [SESSION LAWS (h) Violation of Qut-of-Service Order; Special Rule for Hazardous Materials and Passenger Offenses. — Any person convicted for violating an out-of-service order while transporting hazardous materials or while operating a commercial vehicle designed or used to transport more than 15 passengers, including the driver, shall be disqualified as follows: (1) A person is disqualified for a period of 1 80 days if convicted of a first violation of an out-of-service order. (2) A person is disqualified for a period of three years if convicted of a second or subsequent violation of an out-of-service order during any 1 0-year period, arising from separate incidents. (i) Disqualification for Out-of- State Violations. — The Division shall withdraw the privilege to operate a commercial vehicle of any resident of this State upon receiving notice of the person's conviction in another state for an offense that, if committed in this State, would be grounds for disqualification. The period of disqualification shall be the same as if the offense occurred in this State. (j) Disqualification of Persons Without Commercial Drivers Licenses. — Any person convicted of an offense that requires disqualification under this section, but who does not hold a commercial drivers license, shall be disqualified from operating a commercial vehicle in the same manner as if the person held a valid commercial drivers license. " Section 4. G.S. 20-37. 12(b) reads as rewritten: "(b) The out-of-service criteria as referred to in 49 C.F.R. §§392,5 and 395,13. as adopted by the Divi s ion, Subchapter B apply to a person who drives a commercial motor vehicle. No person shall drive a commercial motor vehicle on the highways of this State in violation of an out-of-service order." Section 5. G.S. 20-37. 16(c) reads as rewritten: "(c) Endorsements. ~ The endorsements required to drive certain motor vehicles are as follows: Endorsement Vehicles That Can Be Driven H Vehicles carrying hazardous materials k other than tank vehicles Vehicles, regardless of size or class, except tank vehicles, when transporting hazardous materials that require the vehicle to be placarded M Motorcycles N Tank vehicles not carrying hazardous materials P Vehicles carrying passengers T Double trailers X Tank vehicles carrying hazardous materials. To obtain an H or an X endorsement, an applicant must take a test. This requirement applies when a person first obtains an H or an X endorsement and each time a person renews an H or an X endorsement. An applicant who has an H or an X endorsement issued by another state who applies for an H or an X endorsement must take a test unless the person has passed a test that covers the information set out in 49 C.F.R. § 383.121 within the preceding two years." Section 6. G.S. 20-1 15.1(b) reads as rewritten: 426 |
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