14-044 Code Vt. R. 14-050-044-X - CDL: REDUCTION OF LIFE DISQUALIFICATION

CDL: REDUCTION OF LIFE DISQUALIFICATION

Cross reference: 23 V.S.A. § 4116(g)

Any person disqualified for life who wishes to have his/her commercial driving privileges restored after he/she has been disqualified by Vermont for at least ten (10) years shall:

(1) Furnish a sworn affidavit to the commissioner of motor vehicles, signed no sooner than 10 years from the effective date of the Vermont disqualification, stating that he/she:

(a) has had no alcohol or drug related offenses, violations and/or convictions as cited in Title 23 excluding 23 V.S.A. § 1134, in Vermont or in any other jurisdiction involving the operation of any motor vehicle since the effective date of the Vermont disqualification;

(b) has successfully completed the therapy program as required by 23 V.S.A. § 1209a(a)(2), if any of the disqualifying offenses were alcohol and/or drug related.

(c) has had no commercial motor vehicle offenses, violations, and/or convictions in Vermont or any other jurisdiction since the effective date of the disqualification;

(d) has a valid Vermont license or a valid license from another jurisdiction.

Following receipt of the affidavit from the applicant and the certification of treatment completion from the Office of Alcohol & Drug Abuse (CRASH), the commissioner shall cause an investigation to be made into the applicants claim of fitness to have his/her commercial driving privilege restored. The commissioner may request, and the applicant must provide, any additional information and documentation which the commissioner deems necessary to determine the applicants fitness for restoration of his/her commercial driving privilege, and may require the applicant to furnish a copy or copies of his/her criminal history records and/or motor vehicle operating records, and other records including, but not limited to, court, employment, military, medical records, for the period of the disqualification, or furnish to the commissioner the appropriate releases necessary to secure the criminal history records or motor vehicle operating records, or other records, in this state or in any other jurisdiction.

A report of the results of the investigation, along with any related documents, shall be returned to the Department for review.

If this review indicates that the applicant may be eligible to have his/her commercial driving privilege restored, an administrative hearing shall be scheduled for the applicant, this hearing to be held in accordance with 23 V.S.A. §§ 105 - 107, and a written decision issued.

If the decision of the administrative hearing is favorable to the applicant, the applicant must then complete all of the requirements of a new applicant for a CDL before such license shall be issued.

A person shall be eligible for restoration of his/her commercial driving privilege under this rule only once following a disqualification for life.

The requirements of (1)(a)-(d) of this rule as outlined above shall also apply to the period from the date of the applicant's affidavit until a new CDL permit is issued.

Notes

14-044 Code Vt. R. 14-050-044-X

Effective Date: July 1, 1995 (Secretary of State Rule Log # 95-40)