§ 4119. Compliance with out-of-service order; disqualification from operation of vehicle

(a) No person shall operate a commercial motor vehicle in violation of an out-of-service order.

(b) Any person convicted for violating an out-of-service order shall be disqualified as follows except as provided in subsection (c) of this section:

(1) A person 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) A person 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) A person 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 person convicted for 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) A person shall be disqualified for a period of 180 days if convicted of a first violation of an out-of-service order.

(2) A person 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. (Added 1995, No. 84 (Adj. Sess.), § 3, eff. Oct. 1, 1996; amended 2003, No. 26, § 6; 2009, No. 152 (Adj. Sess.), § 7.)