Section R17-4-413. Lifetime Disqualification Reinstatement

A.     Definitions. In addition to the definitions prescribed under

A.R.S. §§ 28-101 and 28-3001, the following definitions apply to this Section, unless otherwise specified:

“CDL” means Commercial Driver License.

“Lifetime disqualification” means the individual is dis- qualified  for  life  from  operating  a   commercial  motor vehicle as prescribed under 49 CFR 391.15.  “Permanently  disqualified”  means  the   individual  will never be able to obtain a commercial driver license.

B.       Eligibility. An individual with a lifetime disqualification may request reinstatement of the individual’s commercial driving privilege if:

1.        Ten years have passed since the date of the lifetime dis- qualification.

2.        The individual:

a.         Is otherwise eligible for licensure.

b.        Has continuously been eligible for a driver license during the most recent 10-year period.

c.         Has not previously reinstated CDL privileges for another lifetime disqualification.

d.        Has no record of a conviction for any of the follow- ing violations, in any state, within the previous 10- year period:

i.         Driving while under the influence of alcohol or a controlled substance.

ii.        Having a blood alcohol concentration of .04 or greater while driving a commercial motor vehi- cle.

iii.      Refusal to submit to a blood alcohol concentra- tion test.

iv.       Leaving the scene of an accident.

v.        Using a vehicle in the commission of a felony.

vi.       Operating a commercial motor vehicle as defined under A.R.S. § 28-3001 while his or her commercial driving privileges are canceled, disqualified, suspended, or revoked.

vii.     Causing a fatality through the negligent opera- tion of a commercial motor vehicle.

C.      Application after lifetime disqualification. If the Division determines that the individual is eligible to reinstate his or her commercial driving privilege, the individual may obtain a new CDL by paying all required fees, submitting the medical examination form prescribed under Section R17-4-508(A)(1), and successfully completing all CDL written, vision, and demonstration-skill testing  applicable  to the  type of CDL, including any endorsements, for which the individual is apply- ing.

D.      Permanent disqualification.

1.        An individual who reinstated his or her commercial driv- ing privilege in accordance with this Section and who is subsequently   given  a  lifetime  disqualification   under

A.R.S. § 28-3312 is permanently disqualified.

2.        An individual convicted of using any vehicle in the com- mission of a felony involving manufacturing, distribut- ing, or dispensing a controlled substance is permanently disqualified.

3.        An individual who more than once refuses a test in viola- tion of A.R.S. § 28-1321 if the refusals involve more than one incident is permanently disqualified.

4.        An individual who more than once is convicted of violat- ing A.R.S. § 28, Chapter 4, Article 3 is permanently dis- qualified.

Historical Note

Adopted as an emergency effective August 18, 1983, pur- suant to A.R.S. § 41-1003, valid for only 90 days (Supp. 83-4). Former Section R17-4-208 adopted as an emer- gency effective August 18, 1983, now adopted without change as a permanent rule effective November 30, 1983 (Supp. 83-6). Former Section R17-4-208 renumbered

without change as Section R17-4-413 (Supp. 87-2). Sec- tion recodified to R17-4-457 at 7 A.A.R. 3479, effective July 20, 2001 (Supp. 01-3). New Section made by final rulemaking at 13 A.A.R. 2155, effective August 4, 2007

(Supp. 07-2).