Pub. L. 102-240, tit. IV, sec. 4009

VIOLATIONS OF OUT-OF-SERVICE ORDERS.

EnactedYear: 1991Length: 294 wordsOfficial source
SEC. 4009. VIOLATIONS OF OUT-OF-SERVICE ORDERS. (a) Federal Regulations.— The Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2701–2716) is amended by adding at the end the following new section: “SEC. 12020. VIOLATION OF OUT-OF-SERVICE ORDERS. “(a) Regulations.— The Secretary shall issue regulations establishing sanctions and penalties relating to violations of out-of-service orders by persons operating commercial motor vehicles. “(b) Minimum Requirements.— Regulations issued under subsection (a) shall, at a minimum, require that— “(1) any operator of a commercial motor vehicle who is found to have committed a first violation of an out-of-service order shall be disqualified from operating such a vehicle for a period of not less than 90 days and shall be subject to a civil penalty of not less than $1,000; “(2) any operator of a commercial motor vehicle who is found to have committed a second violation of an out-of-service order shall be disqualified from operating such a vehicle for a period of not less than 1 year and not more than 5 years and shall be subject to a civil penalty of not less than $1,000; and “(3) any employer that knowingly allows, permits, authorizes, or requires an employee to operate a commercial motor vehicle in violation of an out-of-service order shall be subject to a civil penalty of not more than $10,000. “(c) Deadlines.— The regulations required under subsection (a) shall be developed pursuant to a rulemaking proceeding initiated within 60 days after the date of the enactment of this section and shall be issued not later than 12 months after such date of enactment.”. (b) State Regulations.— Section 12009(a)(21) of the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2708(a)(21)) is amended by inserting “and section 12020(a)” before the period at the end.
Pub. L. 102-240, tit. IV, sec. 4009: VIOLATIONS OF OUT-OF-SERVICE ORDERS. | Justis AI