§286-234 Employer responsibilities.

383 words·~2 min read·/hi/chapter-286/286-234

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

(a)Each employer shall require the applicant to provide the information specified in section 286-233.

(b)No employer shall knowingly allow, require, permit, or authorize a driver to drive a commercial motor vehicle:

(1)During any period in which the driver has a driver's license or permit suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle;

(2)During any period in which the driver has more than one driver's license;

(3)During any period in which the driver, or the commercial motor vehicle the driver is driving, or motor carrier operation, is subject to an out-of-service order;

(4)During any period in which the driver does not have a current commercial learner's permit or commercial driver's license or does not have the proper class, restrictions, and endorsements; or

(5)In violation of a federal, state, or local law or regulation pertaining to railroad-highway grade crossings.

(c)Any employer who violates subsection

(a)or (b)(1) or

(2)shall for a first conviction be fined no more than $100; for conviction of a second offense committed within one year after the date of the prior conviction, the employer shall be fined no more than $300; and for conviction of a third or subsequent offense committed within two years after the date of the second conviction, the employer shall be fined no more than $1,000.

(d)Any employer who is convicted of a violation of subsection (b)(3) shall be subject to a civil penalty of no less than $6,974 or more than $38,612.

(e)Any employer who is convicted of a violation of subsection (b)(4) shall be subject to a civil penalty of no more than $10,000.

(f)Any employer who is convicted of a violation of subsection (b)(5) shall be subject to a civil penalty of no more than $20,017. [L 1989, c 320, pt of §2; am L 1990, c 342, §16; am L 1992, c 93, §1; am L 1993, c 268, §5; am L 1996, c 135, §3; am L 2002, c 70, §1; am L 2004, c 103, §4; am L 2009, c 46, §1; am L 2013, c 114, §5; am L 2024, c 135, §2]