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ACT NO. 26

(H.456)

Motor Vehicles; Operation of Commercial Motor Vehicles

This act:

(1) Authorizes the commissioner of motor vehicles to refuse, suspend, or revoke registration if a commercial motor vehicle is being operated by a commercial motor carrier that has been prohibited from operating in interstate commerce by an agency with authority to do so under federal law.

(2) Requires that persons operating a commercial vehicle who are not required to stop at railroad crossings to slow to a speed sufficient to allow for a clear view of the tracks in both directions, and stop before reaching the crossing if a train is approaching in either direction. It additionally requires operators of commercial and noncommercial vehicles to: allow sufficient space to drive completely through a railroad crossing without stopping; obey a traffic control device or the directions of an enforcement official at the crossing; and not attempt to cross tracks if there is insufficient undercarriage clearance.

(3) Provides that a person shall be disqualified from driving a commercial motor vehicle for a period of 60 days if the driver is convicted of a first violation of a railroad-highway grade crossing violation; for 120 days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in a separate incident; and for one year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade violation in separate incidents.

(4) Provides that any person convicted for violating an out-of-service order while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport 15 or more passengers, including the driver, be disqualified for a period of three years if convicted of a second or subsequent violation of an out-of-service order during any ten-year period, arising from separate incidents.

Effective Date: July 1, 2003