A.A driver, motor carrier, shipper or manufacturer that violates an out-of-service order is guilty of:
1.A class 2 misdemeanor for a first offense.
2.A class 1 misdemeanor for a second offense.
3.A class 6 felony for any subsequent offense.
B.The attorney general may enforce this section.
C.A motor carrier, shipper or manufacturer shall not require or allow a driver:
1.To operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.
2.Who is subject to an out-of-service order to operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.
D.A driver:
1.Shall not operate a commercial motor vehicle that is subject to an out-of-se
Free access — add to your briefcase to read the full text and ask questions with AI
A. A driver, motor carrier, shipper or manufacturer that violates an out-of-service order is guilty of:
1. A class 2 misdemeanor for a first offense.
2. A class 1 misdemeanor for a second offense.
3. A class 6 felony for any subsequent offense.
B. The attorney general may enforce this section.
C. A motor carrier, shipper or manufacturer shall not require or allow a driver:
1. To operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.
2. Who is subject to an out-of-service order to operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.
D. A driver:
1. Shall not operate a commercial motor vehicle that is subject to an out-of-service order until all repairs required by the out-of-service order have been satisfactorily completed.
2. Who is subject to an out-of-service order shall not operate a commercial motor vehicle until the reason for the out-of-service order has been remedied.
E. In addition to the civil penalties imposed by section 28-5240, and the criminal penalties imposed by this section, a violation of this section is a civil traffic violation.
F. The court shall impose:
1. On a driver who violates or fails to comply with an out-of-service order a civil penalty of:
(a) At least $2,500 for an initial violation or failure.
(b) $5,000 for a subsequent violation or failure.
2. A civil penalty of at least $2,750 and not more than $25,000 on a motor carrier, shipper or manufacturer that violates an out-of-service order or that requires or allows a driver to violate or fail to comply with an out-of-service order.
G. In addition to other penalties prescribed by this chapter, if a motor carrier, shipper, manufacturer or driver is found responsible for a violation of this section, the motor carrier or driver is subject to disqualification pursuant to section 28-3312.
H. For the purposes of this section, "out-of-service order" means a declaration by a specialty officer of the department or a law enforcement officer authorized pursuant to section 28-5204 that a driver, motor vehicle or motor carrier is out of service pursuant to this chapter.