61-8-812. Operation of out-of-service vehicle -- criminal and civil penalties -- suspension of commercial driver's license.

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61-8-812 . Operation of out-of-service vehicle -- criminal and civil penalties -- suspension of commercial driver's license.

(1)A person may not operate a commercial motor vehicle during any period in which the person, the commercial motor vehicle the person is operating, or the motor carrier operation is subject to an out-of-service order issued under state or federal authority.

(2)A violation of this section is a misdemeanor and a person convicted of a violation of this section shall be fined not less than $25 or more than $500 for the first offense and not less than $25 or more than $1,000 for each subsequent offense.

(a)In addition to the misdemeanor penalties provided in subsection

(2)and suspension of the person's commercial driver's license as provided in subsection (4), a person who violates an out-of-service order issued under state or federal authority is subject to a civil penalty not to exceed $2,985 for a first offense and a civil penalty of $5,970 for a second or subsequent offense.

(b)The department or the county attorney of the county in which the violation occurred may petition the district court to impose the civil penalty. Venue for an action to collect a civil penalty pursuant to this section is in the county in which the violation occurred.

(c)A civil penalty collected under this section must be deposited in the state general fund.

(4)Upon receipt of notice from a court of competent jurisdiction or another licensing jurisdiction that a person holding a commercial driver's license has been convicted of violating an out-of-service order, the department shall suspend the person's commercial driver's license for:

(a)6 months for a first conviction;

(b)2 years for a second conviction if the vehicle being operated by the person at the time of the violation was not transporting placardable hazardous materials or was not designed or being used to transport more than 15 passengers, inclusive of the driver; and

(i)for a second conviction if the vehicle:

(A)being operated at the time of the violation was transporting placardable hazardous materials; or

(B)was designed or being used to transport more than 15 passengers, inclusive of the driver; and

(ii)for a third or subsequent conviction.

(5)For purposes of this section, an offender is considered to have been previously convicted if less than 10 years have elapsed between the commission of the present offense and a previous conviction.

(6)A temporary or probationary commercial driver's license may not be issued while a commercial driver's license is suspended under subsection (4).