Operation in violation of out-of-service order — penalties.

1. A person required to hold a commercial driver’s license or commercial learner’s permit to operate a commercial motor vehicle shall not operate a commercial motor vehicle on the highways of this state in violation of an out-of-service order issued by a peace officer for a violation of the out-of-service rules adopted by the department. A driver who violates an out-of-service order commits a simple misdemeanor and shall be subject to the applicable fine in an amount in accordance with the civil penalty provided in 49 C.F.R. pt. 386, Appendix B(b)(1) , upon conviction for the first violation of an out-of-service order or subsequent violation of an out-of-service order in separate incidents within a ten-year period. 2. An employer shall not knowingly allow, require, permit, or authorize an employee to drive a commercial motor vehicle in violation of an out-of-service order. An employer who violates this subsection commits a simple misdemeanor and shall be subject to a fine in an amount in accordance with the civil penalty provided in 49 C.F.R. pt. 386, Appendix B(b)(2) . 90 Acts, ch 1230, §52 ; 95 Acts, ch 55, §7 ; 97 Acts, ch 108, §12 ; 98 Acts, ch 1178, §1 ; 2001 Acts, ch 137, §5 ; 2008 Acts, ch 1021, §10 ; 2010 Acts, ch 1140, §6 ; 2015 Acts, ch 123, §67 ; 2023 Acts, ch 126, §4