§ 4119. Compliance with out-of-service order; disqualification from operation of vehicle (a) No individual shall operate a commercial motor vehicle in violation of an out-of-service order. (b) Any individual convicted of violating an out-of-service order shall be disqualified as follows except as provided in subsection (c) of this section: (1) An individual shall be disqualified from driving a commercial motor vehicle for a period of 180 days if convicted of a first violation of an out-of-service order. (2) An individual shall be disqualified for a period of two years if convicted of a second violation of an out-of-service order during any 10-year period, arising from separate incidents. (3) An individual shall be disqualified for a period of three years if convicted of a third or subsequent violation of an out-of-service order during any 10-year period, arising from separate incidents. (c) Any individual convicted of violating an out-of-service order while transporting hazardous materials or while operating a commercial motor vehicle designed or used to transport 16 or more passengers, including the driver, shall be disqualified as follows: (1) An individual shall be disqualified for a period of 180 days if convicted of a first violation of an out-of-service order. (2) An individual shall be disqualified for a period of three years if convicted of a second or subsequent violation of an out-of-service order during any 10-year period, arising from separate incidents.
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