28-5241. Out-of-service orders; violation; classification; civil penalty; attorney general enforcement; definition

367 words·~2 min read·/az/title-28/28-5241

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.