61-8-813. Suspension of commercial driver's license -- railroad crossing offenses. - Montana Statutes

     61-8-813. Suspension of commercial driver's license -- railroad crossing offenses. (1) The department shall suspend a person's commercial driver's license upon the report of a conviction of any of the following railroad crossing offenses or conduct:
     (a) for drivers who are not required to always stop:
     (i) failing to slow down and check that the tracks are clear of an approaching train or other on-track equipment; or
     (ii) failing to stop before reaching the crossing if the tracks are not clear;
     (b) for drivers who are always required to stop, failing to stop before driving onto the crossing;
     (c) for all drivers:
     (i) failing to have sufficient space to drive completely through the crossing without stopping;
     (ii) failing to obey a traffic control device or the directions of an enforcement official at the crossing; or
     (iii) failing to negotiate a crossing because of insufficient undercarriage clearance.
     (2) Upon receipt of a report of a conviction of any railroad crossing offense or conduct described in subsection (1), the following suspension periods must be imposed:
     (a) 60 days upon a first conviction;
     (b) 120 days upon a second conviction within a 3-year period; or
     (c) 1 year upon a third or subsequent conviction within a 3-year period.

     History: En. Sec. 2, Ch. 428, L. 2003; amd. Sec. 6, Ch. 256, L. 2009.