28-5241. Out-of-service orders; violation;
civil penalty; definition


A. A motor carrier shall not require or permit 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.


B. 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.


C. Notwithstanding section 28-5240, a violation of this section is a civil traffic
violation.


D. 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 two thousand five hundred dollars for an initial violation or failure.


(b) Five thousand dollars for a subsequent violation or failure.


2. A civil penalty of at least two thousand seven hundred fifty dollars and not
more than twenty-five thousand dollars on a motor carrier who violates an out-of-service
order or who requires or permits a driver to violate or fail to comply with an
out-of-service order.


E. In addition to other penalties prescribed by this chapter, if a motor carrier 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.


F. 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.