§286-234  Employer responsibilities. 
(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 the motor carrier operation,
is subject to an out-of-service order; or



(4)  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 not 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 not more than $300; for
conviction of a third or subsequent offense committed within two years after
the date of the second conviction, the employer shall be fined not more than
$1,000.



(d)  Any employer who is convicted of a
violation of subsection (b)(3) shall be subject to a fine of not less than
$2,750 nor more than $25,000.



(e)  Any employer who is convicted of a
violation of subsection (b)(4) shall be subject to a civil penalty of not more
than $10,000. [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]