28-5241. Out-of-service orders; violation; classification; civil penalty; attorney general enforcement; definition A. A driver, motor carrier, shipper or manufacturer that violates an out-of-service order is guilty of: 1. A class 2 misdemeanor for a first offense. 2. A class 1 misdemeanor for a second offense. 3. A class 6 felony for any subsequent offense. B. The attorney general may enforce this section. C. A motor carrier, shipper or manufacturer shall not require or allow 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. D. 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. E. In addition to the civil penalties imposed by section 28-5240, and the criminal penalties imposed by this section, a violation of this section is a civil traffic violation. F. 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 $2, 500 for an initial violation or failure. (b) $5, 000 for a subsequent violation or failure. 2. A civil penalty of at least $2, 750 and not more than $25, 000 on a motor carrier, shipper or manufacturer that violates an out-of-service order or that requires or allows a driver to violate or fail to comply with an out-of-service order. G. In addition to other penalties prescribed by this chapter, if a motor carrier, shipper, manufacturer 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. H. 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.
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