NO. 26.  AN ACT RELATING TO THE OPERATION OF COMMERCIAL MOTOR VEHICLES.

(H.456)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  5 V.S.A. § 2101(e) is amended to read:

(e)  The regulations promulgated by the Bureau of Motor Carrier Safety, Federal Highway Administration, United States Department of Transportation contained in parts 350, 360, 365, 372, 381-383, 386-388, 390-397, and 399 of Title 49 of the Code of Federal Regulations, revised as of October 1, 1988 2002, and any amendment or addition to these regulations may be adopted by the secretary of transportation.

Sec. 2.  23 V.S.A. § 313 is added to read:

§ 313.  COMMERCIAL VEHICLE OPERATION; DENIAL OF

            REGISTRATION

The commissioner is authorized to refuse 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.

Sec. 3.  23 V.S.A. § 314 is added to read:

§ 314.  COMMERCIAL MOTOR VEHICLES; REGISTRATION;

            SUSPENSION OR REVOCATION

The commissioner is authorized to suspend or revoke the registration of a commercial motor vehicle if the commercial motor carrier responsible for safety has been prohibited from operating in interstate commerce by an agency with authority to do so under federal law.

Sec. 4.  23 V.S.A. § 1076 is added to read:

§ 1076.  COMMERCIAL MOTOR VEHICLES; RAILROAD

              CROSSINGS

(a)  Persons operating a commercial vehicle who are not required to stop at railroad crossings shall 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.

(b)  Operators of commercial and noncommercial vehicles shall:

(1)  allow sufficient space to drive completely through a railroad crossing without stopping;

(2)  obey a traffic control device or the directions of an enforcement official at the crossing;

(3)  not attempt to cross tracks if there is insufficient undercarriage clearance.

Sec. 5.  23 V.S.A. § 4116(h), (i), and (j) are added to read:

(h)  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.

(i)  A person shall be disqualified from driving a commercial motor vehicle for a period of 120 days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in a separate incident.

(j)  A person shall be disqualified from driving a commercial motor vehicle for a period of one year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents.

Sec. 6.  23 V.S.A. § 4119(b)(2) is amended to read:

(b)  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, shall be disqualified as follows:

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(2)  A person shall be disqualified for a period of two 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.

Approved:  May 17, 2003