State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter60 > 60-4_141_01

60-4,141.01. Operation ofcommercial motor vehicle; restrictions;prohibited acts; violation; penalty.(1) No person shall operate a commercial motor vehicle upon the highwaysof this state while his or her commercial driver's license or privilege tooperate a commercial motor vehicle is suspended, revoked, or canceled, while subject to a disqualification or anout-of-service order, or whilethere is an out-of-service order in effect for the commercial motor vehiclebeing operated or for the motor carrier operation.(2) No personshall operate a commercial motor vehicle transporting hazardous materialsupon the highways of this state while his or her commercial driver's licenseor privilege to operate a commercial motor vehicle is suspended, revoked,or canceled, while subject to a disqualification or an out-of-service order,or while there is an out-of-service order in effect for the commercial motorvehicle being operated or for the motor carrier operation.(3) No personshall operate a commercial motor vehicle transporting sixteen or more passengersincluding the driver upon the highways of this state while his or her commercialdriver's license or privilege to operate a commercial motor vehicle is suspended,revoked, or canceled, while subject to a disqualification or an out-of-serviceorder, or while there is an out-of-service order in effect for the commercialmotor vehicle being operated or for the motor carrier operation.(4) No person shall operatea commercial motor vehicle upon the highways of this state while he or sheis disqualified under section 60-4,168.(5) Any personoperating a commercial motor vehicle in violation of subsection (1), (2),(3), or (4) of this section shall (a) for a first such offense, be guiltyof a Class II misdemeanor, and the court shall, as a part of the judgmentof conviction, order such person not to operate any commercial motor vehiclefor any purpose for a period of one year from the date ordered by the courtand also order the commercial driver's license of such person to be revokedfor a like period and (b) for each subsequent such offense, be guilty of aClass II misdemeanor, and the court shall, as a part of the judgment of conviction,order such person not to operate any commercial motor vehicle for any purposefor a period of two years from the date ordered by the court and also orderthe commercial driver's license of such person to be revoked for a like period.Such orders of the court shall be administered upon sentencing, upon finaljudgment of any appeal or review, or upon the date that any probation is revoked,whichever is later.(6) For purposes of this section, out-of-service order has the samemeaning as in section 75-362. SourceLaws 1990, LB 980, § 16; Laws 2001, LB 38, § 36; Laws 2003, LB 562, § 12; Laws 2009, LB204, § 1.