74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         House Bill 2268
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Transportation)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to commercial driver licenses; creating new provisions;
  and amending ORS 153.090, 801.477, 807.035, 807.370, 809.360,
  809.404, 813.052, 813.215 and 825.960.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1.  { + Sections 2 and 3 of this 2007 Act are added to
and made a part of the Oregon Vehicle Code. + }
  SECTION 2.  { + Notwithstanding any other provision of law, a
school bus manufacturer, school bus dealer or school bus mechanic
is not required to have a school bus endorsement while operating
a school bus that is not transporting students. + }
  SECTION 3. { +  'Holds a commercial driver license' means a
person holds a commercial driver license that is:
  (1) Valid;
  (2) Expired less than one year; or
  (3) Suspended, but not canceled, revoked. + }
  SECTION 4. ORS 813.052 is amended to read:
  813.052. (1) When the Department of Transportation receives
  { - notice - }  { +  notification + } that a person has
violated an out-of-service order issued under ORS 813.050 or has
knowingly violated any other out-of-service order or notice, in
addition to suspension of driving privileges imposed under ORS
809.413, the department shall impose a civil penalty of not less
than   { - $1,000 - }  { +  $1,100 + } or more than
 { - $2,000 - }  { +  $2,750 + } on the operator of the
commercial motor vehicle.
  (2) For purposes of this section,   { -  ' notice' - }  { +  '
notification' + } includes, but is not necessarily limited to, a
record of conviction and a record of a determination by a state
or federal agency with jurisdiction to make such determinations
that the person has violated an out-of-service order or notice.
  (3) Civil penalties under this section shall be imposed in the
manner provided in ORS 183.745.
  SECTION 5. ORS 825.960 is amended to read:
  825.960. (1) When the Department of Transportation receives
  { - notice - }  { +  notification + } that a person has
violated an out-of-service order or notice, the department shall
impose a civil penalty of not  { + less than $2,750 or + } more
than   { - $10,000 - }  { +  $11,000 + } on the employer of an
operator of a commercial motor vehicle if the department finds
 
 
 
Enrolled House Bill 2268 (HB 2268-INTRO)                   Page 1
 
 
 
that the employer knowingly allowed, permitted, authorized or
required the operator to violate the order or notice.
  (2) For purposes of this section,   { -  ' notice' - }  { +  '
notification' + } includes, but is not necessarily limited to, a
record of conviction and a record of a determination by a state
or federal agency with jurisdiction to make such determinations
that the person has violated an out-of-service order or notice.
  (3) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.745.
  (4) If the amount of the penalty is not paid to the department,
the Attorney General, at the request of the department, shall
bring an action in the name of the State of Oregon in the Circuit
Court of Marion County to recover such penalty. The action shall
not be commenced until after the time has expired for an appeal
from the findings, conclusions and order of the department. In
all such actions the procedure and rules of evidence shall be the
same as an ordinary civil action except as otherwise provided in
this chapter.
  SECTION 6. ORS 809.360 is amended to read:
  809.360. (1) For purposes of determining whether grounds exist
for revoking or suspending driving privileges, an unvacated
forfeiture of bail in another state equals a conviction.
  (2) A suspension or revocation of driving privileges ordered by
a court shall run concurrently with any mandatory suspension or
revocation ordered by the Department of Transportation and
arising out of the same conviction.
  (3) Judicial review of orders denying, suspending or revoking a
license, except where such suspension or revocation is mandatory,
shall be as provided in ORS chapter 183.
  (4) Whenever the department or a court has reason under any
laws of this state to suspend or revoke the driving privileges of
any person who does not hold current driving privileges to
operate motor vehicles or whose driving privileges are due to
expire during a suspension period, the department or court shall
suspend or revoke the right of such person to apply for driving
privileges to operate motor vehicles in this state. A suspension
or revocation of a right to apply for driving privileges under
this subsection shall be for the period provided by law.
  (5) Whenever the department or a court has reason under any
laws of this state to suspend the commercial driver license of
any person who does not hold a current commercial driver license
or whose commercial driver license is due to expire during a
suspension period, the department or court shall suspend the
right of such person to apply for a commercial driver license in
this state. A suspension of a right to apply for a commercial
driver license under this subsection shall be for the period
provided by law.
    { - (6) Notwithstanding any other provision of law, a person
who holds a farm endorsement described in ORS 807.035 while
operating within the limitations of the endorsement is not
subject to suspension of a commercial driver license or of the
right to apply for a commercial driver license for any offense
that would subject the driver of a commercial motor vehicle to
such sanction. Nothing in this subsection prohibits suspension of
the person's Class C driver license or the right to apply for
such a license. - }
  SECTION 7. ORS 801.477 is amended to read:
  801.477. 'Serious traffic violation' means:
 
 
 
 
Enrolled House Bill 2268 (HB 2268-INTRO)                   Page 2
 
 
 
  (1) A violation, while operating a motor vehicle and holding a
commercial driver license, of { + : + }   { - ORS 811.140,
reckless driving. - }
   { +  (a) ORS 811.140, reckless driving;
  (b) Any law establishing a speed limit, if the person is
operating the vehicle 30 miles per hour or more above the posted
limit and a court imposes a suspension under ORS 811.109; or
  (c) Any law establishing a speed limit, if the person is
operating the vehicle at a speed of 100 miles per hour or
greater. + }
  (2) A violation, while operating a commercial motor vehicle,
of:
  (a) Any law establishing a speed limit, if the person is
operating the vehicle 15 miles per hour or more above the posted
limit.
  (b) The basic speed rule established in ORS 811.100 if the
person is operating the vehicle 15 miles per hour or more above
the speeds established in ORS 811.105 as prima facie evidence of
violation of the basic speed rule.
  (c) ORS 807.010 (1), vehicle operating without driving
privileges.
  (d) ORS 807.570, failure to carry a license or to present a
license to a police officer.
  (e) ORS 811.140, reckless driving.
  (f) ORS 811.305, driving on the left on a curve or grade or at
an intersection or rail crossing.
  (g) ORS 811.370, failure to drive within a lane.
  (h) ORS 811.410, unsafe passing on the left.
  (i) ORS 811.415, unsafe passing on the right.
  (j) ORS 811.485, following too closely.
  (k) Any law relating to motor vehicle traffic control if the
violation is connected to a fatal accident. This paragraph does
not apply to violations of parking laws or laws regulating
vehicle weight or equipment.
  (L) Any law of another jurisdiction that corresponds to an
Oregon law described in this section.
  SECTION 8. ORS 807.035 is amended to read:
  807.035. This section describes the type of driving privileges
granted by various endorsements issued by this state.  The
following endorsements grant the driving privileges described:
  (1) A motorcycle endorsement authorizes a person to operate any
motorcycle.
  (2) A hazardous materials endorsement authorizes a person to
operate a vehicle transporting hazardous materials.
  (3) A tank vehicle endorsement authorizes a person to operate
tank vehicles.
  (4) A passenger endorsement authorizes a person to operate a
vehicle that is designed to transport 16 or more persons,
including the driver, but that is not a school bus.
  (5) A school bus endorsement authorizes a person to operate a
school bus if the person also holds a valid passenger
endorsement.
  (6) A  { + double and triple + } trailer endorsement authorizes
a person to operate  { + a commercial motor vehicle with + }
double and triple   { - trailers - }  { +  trailer
combinations + }.
  (7) A combined endorsement authorizes a person to operate a
tank vehicle, transport hazardous materials and transport
hazardous materials in a tank vehicle.
  (8) A Class A farm endorsement authorizes a person to:
 
 
Enrolled House Bill 2268 (HB 2268-INTRO)                   Page 3
 
 
 
  (a) Operate or tow any vehicle that can be operated by the
holder of a Class A commercial driver license if the vehicle is:
  (A) Controlled or operated by a farmer;
  (B) Used to transport agricultural products, farm machinery or
farm supplies to or from a farm;
  (C) Not used in the operation of a common or contract motor
carrier; and
  (D) Used within 150 miles of the farmer's farm.
  (b) Operate any vehicle described in paragraph (a) of this
subsection that is transporting hazardous materials if the
vehicle is placarded in accordance with law.
   { +  (c) Operate any vehicle described in paragraph (a) of
this subsection that is a tank vehicle or a double trailer
combination without holding a tank vehicle endorsement or a
double and triple trailer endorsement. + }
  (9) A Class B farm endorsement authorizes a person to:
  (a) Operate or tow any vehicle that can be operated or towed by
the holder of a Class B commercial driver license if the vehicle
is:
  (A) Controlled or operated by a farmer;
  (B) Used to transport agricultural products, farm machinery or
farm supplies to or from a farm;
  (C) Not used in the operation of a common or contract motor
carrier; and
  (D) Used within 150 miles of the farmer's farm.
  (b) Operate any vehicle described in paragraph (a) of this
subsection that is transporting hazardous materials if the
vehicle is placarded in accordance with law.
   { +  (c) Operate any vehicle described in paragraph (a) of
this subsection that is a tank vehicle without holding a tank
vehicle endorsement. + }
  SECTION 9. ORS 807.370 is amended to read:
  807.370. The following are the fees relating to the issuance
and renewal of licenses, driver permits and endorsements:
  (1) Disability golf cart driver permit fees under ORS 807.210,
as follows:
  (a) For issuance, $38.50.
  (b) For renewal fee under ORS 807.210, $26.50.
  (2) Emergency driver permit fee under ORS 807.220, $18.
  (3) Instruction driver permit issuance fee under ORS 807.280,
$18.
  (4)(a) License issuance fee for a Class C license, $48.50.
  (b) Fee to take the knowledge test for a Class C license, $5.
  (c) Fee to take the skills test for a Class C license, $9.
  (5) License issuance fee for a restricted Class C license,
$48.50.
  (6) License issuance fee for a commercial driver license,
whether or not the license contains endorsements, $70.
  (7) Test fees for a commercial driver license or permit:
  (a) To take the knowledge test for a Class A commercial license
or permit, $10.
  (b) To take the skills test for a Class A commercial license,
$70.
  (c) To take the knowledge test for a Class B commercial license
or permit, $10.
  (d) To take the skills test for a Class B commercial license,
$70.
  (e) To take the knowledge test for a Class C commercial license
or permit, $10.
 
 
 
Enrolled House Bill 2268 (HB 2268-INTRO)                   Page 4
 
 
 
  (f) To take the skills test for a Class C commercial license,
$70.
  (8) Notwithstanding subsection (6) of this section, for
issuance of a commercial driver license of any class when the
Department of Transportation accepts a certificate of competency
issued under ORS 807.080, $40 in addition to the fee under
subsection (6) of this section.
  (9) Notwithstanding subsection (6) of this section, for
original issuance of a school bus endorsement to a person who has
a commercial driver license with a passenger endorsement:
  (a) $21; or
  (b) $61 if the department accepts a certificate of competency
issued under ORS 807.080.
  (10) For a farm endorsement, $26.
  (11) Test fees for the knowledge test for endorsements other
than motorcycle and farm endorsements:
  (a) For a hazardous materials endorsement, $10.
  (b) For a tank vehicle endorsement, $10.
  (c) For a passenger endorsement, $10.
  (d) For a  { + double and triple + } trailer endorsement, $10.
  (e) For a school bus endorsement, $10.
  (12) Fee to take an airbrake knowledge test, $10.
  (13) Fee to take an airbrake skills test to remove an airbrake
restriction, $56.
  (14) License renewal fee for a commercial driver license, $50.
  (15) License renewal fee for a Class C license, $28.50.
  (16) License or driver permit replacement fee under ORS
807.160, $21.
  (17) Original endorsement issuance fee under ORS 807.170 for a
motorcycle endorsement, $46, in addition to any fees for the
endorsed license.
  (18) Special student driver permit fee under ORS 807.230, $18.
  (19) Student Driver Training Fund eligibility fee under ORS
807.040 and 807.150, $6.
  (20) Motorcycle Safety Subaccount fee as follows:
  (a) Upon original issuance of motorcycle endorsements under ORS
807.170, $28.
  (b) Upon renewal of a license with a motorcycle endorsement
under ORS 807.170, $28.
  (21) Probationary driver permit application fee under ORS
807.270, $50.
  (22) Hardship driver permit application fee under ORS 807.240,
$50.
  (23) Fee for reinstatement of revoked driving privileges under
ORS 809.390, $75.
  (24) Fee for reinstatement of suspended driving privileges
under ORS 809.380, $75.
  (25) Fee for reinstatement of right to apply for driving
privileges after a delay under ORS 809.280 (10) (1997 Edition),
the same as the fee for reinstatement of suspended driving
privileges.
  (26) Fee for a special limited vision condition learner's
permit under section 3, chapter 277, Oregon Laws 2003, $13.
  SECTION 10. ORS 807.370, as amended by section 13, chapter 277,
Oregon Laws 2003, section 3, chapter 59, Oregon Laws 2005, and
section 11, chapter 649, Oregon Laws 2005, is amended to read:
  807.370. The following are the fees relating to the issuance
and renewal of licenses, driver permits and endorsements:
  (1) Disability golf cart driver permit fees under ORS 807.210,
as follows:
 
 
Enrolled House Bill 2268 (HB 2268-INTRO)                   Page 5
 
 
 
  (a) For issuance, $38.50.
  (b) For renewal fee under ORS 807.210, $26.50.
  (2) Emergency driver permit fee under ORS 807.220, $18.
  (3) Instruction driver permit issuance fee under ORS 807.280,
$18.
  (4)(a) License issuance fee for a Class C license, $48.50.
  (b) Fee to take the knowledge test for a Class C license, $5.
  (c) Fee to take the skills test for a Class C license, $9.
  (5) License issuance fee for a restricted Class C license,
$48.50.
  (6) License issuance fee for a commercial driver license,
whether or not the license contains endorsements, $70.
  (7) Test fees for a commercial driver license or permit:
  (a) To take the knowledge test for a Class A commercial license
or permit, $10.
  (b) To take the skills test for a Class A commercial license,
$70.
  (c) To take the knowledge test for a Class B commercial license
or permit, $10.
  (d) To take the skills test for a Class B commercial license,
$70.
  (e) To take the knowledge test for a Class C commercial license
or permit, $10.
  (f) To take the skills test for a Class C commercial license,
$70.
  (8) Notwithstanding subsection (6) of this section, for
issuance of a commercial driver license of any class when the
Department of Transportation accepts a certificate of competency
issued under ORS 807.080, $40 in addition to the fee under
subsection (6) of this section.
  (9) Notwithstanding subsection (6) of this section, for
original issuance of a school bus endorsement to a person who has
a commercial driver license with a passenger endorsement:
  (a) $21; or
  (b) $61 if the department accepts a certificate of competency
issued under ORS 807.080.
  (10) For a farm endorsement, $26.
  (11) Test fees for the knowledge test for endorsements other
than motorcycle and farm endorsements:
  (a) For a hazardous materials endorsement, $10.
  (b) For a tank vehicle endorsement, $10.
  (c) For a passenger endorsement, $10.
  (d) For a  { + double and triple + } trailer endorsement, $10.
  (e) For a school bus endorsement, $10.
  (12) Fee to take an airbrake knowledge test, $10.
  (13) Fee to take an airbrake skills test to remove an airbrake
restriction, $56.
  (14) License renewal fee for a commercial driver license, $50.
  (15) License renewal fee for a Class C license, $28.50.
  (16) License or driver permit replacement fee under ORS
807.160, $21.
  (17) Original endorsement issuance fee under ORS 807.170 for a
motorcycle endorsement, $46, in addition to any fees for the
endorsed license.
  (18) Special student driver permit fee under ORS 807.230, $18.
  (19) Student Driver Training Fund eligibility fee under ORS
807.040 and 807.150, $6.
  (20) Motorcycle Safety Subaccount fee as follows:
  (a) Upon original issuance of motorcycle endorsements under ORS
807.170, $28.
 
 
Enrolled House Bill 2268 (HB 2268-INTRO)                   Page 6
 
 
 
  (b) Upon renewal of a license with a motorcycle endorsement
under ORS 807.170, $28.
  (21) Probationary driver permit application fee under ORS
807.270, $50.
  (22) Hardship driver permit application fee under ORS 807.240,
$50.
  (23) Fee for reinstatement of revoked driving privileges under
ORS 809.390, $75.
  (24) Fee for reinstatement of suspended driving privileges
under ORS 809.380, $75.
  (25) Fee for reinstatement of right to apply for driving
privileges after a delay under ORS 809.280 (10) (1997 Edition),
the same as the fee for reinstatement of suspended driving
privileges.
  SECTION 11. ORS 813.215 is amended to read:
  813.215. A defendant is eligible for diversion if { +  the
defendant meets all of the following conditions + }:
  (1) The defendant had no charge of an offense of driving while
under the influence of intoxicants or its statutory counterpart
in any jurisdiction, other than the charge for the present
offense, pending on the date the defendant filed the petition for
a driving while under the influence of intoxicants diversion
agreement  { - ; - }  { + . + }
  (2) The defendant has not been convicted of an offense
described in subsection (1) of this section within the period
beginning 10 years before the date of the commission of the
present offense and ending on the date the defendant filed the
petition for a driving while under the influence of intoxicants
diversion agreement  { - ; - }  { + . + }
  (3) The defendant was not participating in a driving while
under the influence of intoxicants diversion program or in any
similar alcohol or drug rehabilitation program, other than a
program entered into as a result of the charge for the present
offense, in this state or in any other jurisdiction on the date
the defendant filed the petition for a driving while under the
influence of intoxicants diversion agreement  { - ; - }
 { + . + }
  (4) The defendant did not participate in a diversion or
rehabilitation program described in subsection (3) of this
section, other than a program entered into as a result of the
charge for the present offense, within the period beginning 10
years before the date of the commission of the present offense
and ending on the date the defendant filed the petition for a
driving while under the influence of intoxicants diversion
agreement  { - ; - }  { + . + }
  (5) The defendant had no charge of an offense of murder,
manslaughter, criminally negligent homicide or assault that
resulted from the operation of a motor vehicle pending in this
state or in any other jurisdiction on the date the defendant
filed the petition for a driving while under the influence of
intoxicants diversion agreement  { - ; - }  { + . + }
  (6) The defendant has not been convicted of an offense
described in subsection (5) of this section within the period
beginning 10 years before the date of the commission of the
present offense and ending on the date the defendant filed the
petition for a driving while under the influence of intoxicants
diversion agreement  { - ; - }  { + . + }
  (7) The defendant did not   { - have - }  { +  hold + } a
commercial driver license   { - at the time - }  { +  on the
 
 
 
Enrolled House Bill 2268 (HB 2268-INTRO)                   Page 7
 
 
 
date + }  { +   + }of the  { + commission of the + } offense
 { - ; - }  { + . + }
  (8) The defendant was not operating a commercial motor vehicle
at the time of the offense  { - ; and - }  { + . + }
  (9) The present driving while under the influence of
intoxicants offense did not involve an accident resulting in:
  (a) Death of any person   { - other than the defendant - } ; or
  (b) Physical injury as defined in ORS 161.015 to any person
other than the defendant.
  SECTION 12. ORS 153.090 is amended to read:
  153.090. (1) Judgments entered under this chapter may include:
  (a) Imposition of a sentence to pay a fine;
  (b) Costs, assessments and restitution authorized by law;
  (c) A requirement that the fine, costs, assessments and
restitution, if any, be paid out of any base fine;
  (d) Remission of any balance of a base fine to the defendant or
to any other person designated by the defendant; and
  (e) Any other provision authorized by law.
  (2) Notwithstanding ORS 137.106, if the court orders
restitution in a default judgment entered under ORS 153.102, a
defendant may allege an inability to pay the full amount of
monetary sanctions imposed, including restitution, and request a
hearing to determine whether the defendant is unable to pay or to
establish a payment schedule by filing a written request with the
court within one year after the entry of the judgment. The court
shall set a hearing on the issue of the defendant's ability to
pay upon receipt of the request and shall give notice to the
district attorney. The district attorney shall give notice to the
victim of the date, time and place of the hearing. The court may
determine a payment schedule for monetary sanctions imposed,
including restitution ordered under this subsection, if the
defendant establishes at the hearing that the defendant is unable
to pay the ordered restitution in full.
  (3) If a trial is held in a violation proceeding, or a default
judgment is entered against the defendant under ORS 153.102, the
court may impose any fine within the statutory limits for the
violation. If a defendant pleads no contest under ORS 153.061
(2)(b), or pleads guilty under ORS 153.061 (2)(c), and the court
accepts the plea and enters judgment against the defendant, the
amount of the fine imposed against the defendant by the court may
not exceed the amount of the base fine established for the
violation under ORS 153.125 to 153.145.
  (4) A judge may suspend operation of any part of a judgment
entered under this chapter upon condition that the defendant pay
the nonsuspended portion of a fine within a specified period of
time. If the defendant fails to pay the nonsuspended portion of
the fine within the specified period of time, the suspended
portion of the judgment becomes operative without further
proceedings by the court and the suspended portion of the fine
becomes immediately due and payable.
  (5) The court may not recommend a suspension of the defendant's
driving privileges unless a trial has been required.  The failure
of the defendant to appear at the trial does not prevent the
court from recommending suspension of the defendant's driving
privileges.
  (6) Entry of a default judgment under ORS 153.102 does not
preclude the arrest and prosecution of the defendant for the
crime of failure to appear in a violation proceeding under ORS
153.992.
 
 
 
Enrolled House Bill 2268 (HB 2268-INTRO)                   Page 8
 
 
 
  (7) If a person holds a commercial driver license, a court may
not defer entry of a judgment or allow an individual to enter
into a diversion program that would prevent a conviction for a
traffic offense from appearing on the driving record of the
holder. This subsection applies to all traffic offenses, whether
committed while driving a motor vehicle or a commercial motor
vehicle, but does not apply to parking violations. { +  For
purposes of this subsection, a person holds a commercial driver
license if on the date of the commission of the offense the
commercial driver license is:
  (a) Valid;
  (b) Expired less than one year; or
  (c) Suspended, but not canceled, revoked. + }
  SECTION 13. ORS 809.404 is amended to read:
  809.404. (1) The Department of Transportation shall suspend a
person's commercial driver license or right to apply for a
commercial driver license if the person is disqualified from
holding a commercial driver license under this section. A person
is entitled to administrative review under ORS 809.440 of a
suspension under this section.
  (2) A person is disqualified from holding a commercial driver
license if the person has two or more of any of the following in
any combination:
  (a) A record of conviction for driving while under the
influence of intoxicants under ORS 813.010 and the person was
driving a motor vehicle or a commercial motor vehicle at the time
of the offense.
  (b) A suspension of the person's commercial driver license
under ORS 813.410 for refusal to submit to a test under ORS
813.100 and the person was driving a motor vehicle or a
commercial motor vehicle at the time of the offense.
  (c) A suspension of the person's commercial driver license
under ORS 813.410 because the person submitted to a breath or
blood test and the person's blood, as shown by the test, had 0.04
percent or more by weight of alcohol and the person was driving a
commercial motor vehicle at the time of the offense.
  (d) A record of conviction under ORS 811.700 or 811.705 of
failure to perform the duties of a driver and the person was
driving a motor vehicle or a commercial motor vehicle at the time
of the offense.
  (e) A record of conviction of a crime punishable as a felony,
other than a felony described in subsection (3) of this section,
and the person was driving a motor vehicle or a commercial motor
vehicle at the time of the offense.
  (f) A record of conviction for driving a commercial motor
vehicle while, as a result of prior violations committed while
driving a commercial motor vehicle, the person's commercial
driver license had been suspended or revoked.
  (g) A record of conviction of any degree of murder,
manslaughter or criminally negligent homicide resulting from the
operation of a commercial motor vehicle or assault in the first
degree resulting from the operation of a commercial motor
vehicle.
  (3) A person is disqualified from holding a commercial driver
license if the person has a record of conviction for a crime
punishable as a felony that involves the manufacturing,
distributing or dispensing of a controlled substance, as defined
in ORS 475.005, and in which a motor vehicle or a commercial
motor vehicle was used. Notwithstanding subsection (4) of this
section, the department may not issue or reinstate a commercial
 
 
Enrolled House Bill 2268 (HB 2268-INTRO)                   Page 9
 
 
 
driver license for the lifetime of a person whose commercial
driver license is suspended under this subsection.
  (4) Ten years after a person is disqualified from holding a
commercial driver license under subsection (2) of this
section, { +  or 10 years after receiving a lifetime suspension
under ORS 809.413 (1), (2), (4) or (5), + } the person may apply
to the department for the right to apply for a commercial driver
license or for reinstatement of the person's commercial driver
license. The department may issue or reinstate a commercial
driver license to a person who meets all other requirements for
the issuance of a commercial driver license if the department, in
the discretion of the department, finds good cause shown and
finds that the person voluntarily entered and successfully
completed rehabilitation as approved by the department.
  (5) Notwithstanding subsection (4) of this section, if a person
whose commercial driver license is issued or reinstated under
subsection (4) of this section receives a subsequent conviction
or suspension described in subsection (2) of this section, the
department shall suspend the person's commercial driver license
or right to apply for a commercial driver license for the
lifetime of the person.
  (6) For the purposes of this section:
  (a) Second or subsequent records of conviction or suspensions
apply only if the convictions or suspensions arose out of
separate incidents.
  (b) A record of conviction or suspension applies to a person
who does not hold a commercial driver license only if the person
was driving a commercial motor vehicle at the time of the
commission of the offense.
                         ----------
 
 
Passed by House February 15, 2007
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate April 9, 2007
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2268 (HB 2268-INTRO)                  Page 10
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2268 (HB 2268-INTRO)                  Page 11