Current through Register Vol. 49, No. 9, September, 2024
Classified Driver License
Pursuant to his authority under Ark. Code Ann.§
25-15-201 et.
seq (1987) and Act 241 of 1989 and Act 707 of 1989 the Commissioner of Revenue
for the State of Arkansas does hereby promulgate the following regulation. This
regulation is to be read in conjunction with previous regulations and laws of
the Department and this State.
(a)
EFFECTIVE DATE. The effective date of the Regulation is May 7, 1990.
(b) "COMMERCE" DEFINED. - Commerce shall mean
both interstate and intrastate trade, traffic and transportation in or through
the State of Arkansas, or any combination thereof. School buses, church buses
and local delivery trucks are examples of intrastate traffic which come within
the definition of commerce.
(c)
"SERIOUS TRAFFIC VIOLATION" DEFINED. - Serious Traffic Violation shall mean:
(1) Improper or erratic traffic lane
changes.
(2) Following the vehicle
ahead too closely.
(3) Excessive
speeding, involving any single offense for any speed of 15 miles per hour or
more above the posted speed limit.
(4) Driving any vehicle in such a manner as
to indicate a wanton disregard for the safety of persons or property. (Reckless
Driving)
(5) Failing to immediately
stop at the scene of an accident resulting in injury to, or death of, any
person, or failing the duty to give information and render aid in an accident
resulting in injury to, or death of, any person, as required by Ark. Code Ann.
§
27-53-101
(1989 Supp.) and Ark. Code Ann. §
27-53-103
(1987) respectively.
(6) Operating
or physically controlling a motor vehicle while intoxicated as defined under
the requirements of Ark. Code Ann. §
5-65-103
(1987).
(7) A violation of any
state law or local ordinance relating to motor vehicle traffic, other than a
parking violation, arising in connection with an accident or collision
resulting in the death of any person.
(d) NON-RESIDENT COMMERCIAL DRIVER LICENSE
APPLICATION.
All non-resident Commerical Driver License applications must be
made in person at the Office of Driver Services, Ledbetter Building, Seventh
and Wolfe Streets, Little Rock, Arkansas.
(e) CLASS "D" PASSENGER ENDORSEMENT.
On or after May 1, 1990, any person obtaining a Class "D"
license, who is employed for the express purpose of carrying passengers in a
Class "D" vehicle shall be required to obtain a Passenger Endorsement. No test
or additional fees shall be required to obtain a Passenger Endorsement on a
Class "D" license. Provided, any person who chooses to add the Passenger
Endorsement at any time other than renewal or original application shall be
charged a $5.00 duplicate fee.
(f) RENEWAL DATE ADJUSTMENT.
(1) The Office of Driver Services shall
periodically review the license population and make reasonable adjustments to
approximate a 25% renewal rate each fiscal year. Effective January 1, 1990 the
Office of Driver Services shall make all renewal dates fall on the licensee's
date of birth. The term of each license shall be adjusted so as to insure that
approximately 25% of the licenses are renewable each year and the fee shall be
prorated accordingly.
(2) Between
January 1, 1990, and March 31, 1992, no person operating a commercial motor
vehicle under a Chauffeur or For-Hire Chauffeur license will be allowed to
apply for a Commercial Driver License more than sixty (60) days prior to the
expiration of that license, unless the person is aplying for the Commercial
Driver License as a member of an organization, which employs ten (10) or more
drivers, and the organization has scheduled to have all of the drivers apply
for a Commercial Driver License at the same time.
(3) After March 31, 1992, no driver license
of any type will be renewed more than one (1) year prior to the expiration date
of the current license.
(g) DISQUALIFICATION OFFENSES.
(1) Any person shall be disqualified from
driving a commercial motor vehicle for a period of not less than one (1) year
if convicted of a first violation of:
(A)
Driving a commercial motor vehicle while intoxicated;
(B) Driving a commercial motor vehicle while
the person's blood alcohol concentration is 0.04% or more.
(C) Leaving the scene of an accident
involving a commercial motor vehicle driven by the person;
(D) Using a commercial motor vehicle in the
commission of any felony as defined in this act;
(E) Refusal to submit to a test to determine
the driver's blood alcohol concentration while driving a commercial motor
vehicle.
(2) If any of
the violations listed in (g)(1) above occured while transporting a hazardous
material required to be placarded under 49 C.F.R., part 172, sub-part F, the
person shall be disqualified from driving a commercial motor vehicle for a
period of not less than three (3) years.
(3) Any person convicted of two (2)"serious
traffic violations", committed in a commercial motor vehicle, arising from
separate incidents occurring within a three (3) year period, shall be
disqualified from driving a commercial motor vehicle for a period of not less
than sixty (60) days.
(4) A person
convicted of three (3)"serious traffic violations", committed in a commercial
motor vehicle, arising from separate incidents occurring within a three (3)
year period, shall be disqualified from driving a commercial motor vehicle for
a period of not less than one hundred twenty (120) days.
(5) Any person convicted of two (2) or more
violations of any of the offenses specified in (g)(1) above shall be
disqualified from driving a commercial motor vehicle for life. The offenses
must arise from separate incidents which were committed after January 1,
1990.
(h)
REQUALIFICATION CONDITIONS.
(1) Upon the
expiration of ten (10) years following a lifetime disqualification, the Office
of Driver Services may requalify a person for a Commercial Driver License if
all of the following conditions are met:
(A)
Verify a dire need for the Commercial Driver License; or a loss of livelihood
by innocent persons.
(B) Has not
been convicted of a traffic offense involving the operation of a commercial
vehicle within the previous ten (10) years.
(C) Has not been convicted of a 'serious
traffic violation" involving the operation of any vehicle within the previous
three (3) years.
(D) Pass all
appropriate portions of the Commercial Driver License test and pay all fees
required.
(2) When a
person desires to be requalified for a commercial driver license, that person
shall have the right to petition the Department for a hearing.
(A) The purpose of the hearing shall be to
determine if the requalification conditions have been met.
(B) Upon completion of the hearing, the
Department shall notify the applicant in writing whether the requalification
conditions have been met. The Department shall maintain a written statement of
the finding in the licensee's record.
(i) TEMPORARY LICENSE.
A temporary commercial driver permit, not to exceed 60 days,
may be issued to a commercial driver license applicant whose license has
expired, or is about to expire, and who must be retested as provided for in the
Arkansas Uniform Commercial Driver License Act, Ark. Code Ann. §
27-23-101
et. seq.(1989 Supp.).
(1) Any person
applying for the temporary commercial driver permit under this section shall:
(A) Have made application for a Commercial
Driver License, and
(B) Be within
30 days of the expiration of their current driver license.
(2) The applicant must pay a fee of $10.00
upon application for such temporary permit. Such permit shall become invalid
when the applicants Commercial Driver License is issued, or if the Commercial
Driver License is refused for good cause, or if the applicant's driving
privilege is suspended, revoked or canceled.
