(a) No employer shall knowingly allow, permit, or authorize an employee to operate a commercial motor vehicle in the United States during any period:(1) In which the employee has a driver license suspended, revoked, or cancelled by a state, has lost the privilege to operate a commercial motor vehicle in a state, or has been disqualified from operating a commercial motor vehicle;(2) In which the employee has more than one (1) driver license. Each employer shall require the information specified in § 55-50-402(c) to be provided by the applicant;(3) In which the driver, or the CMV the employee is driving, or the motor carrier operation, is subject to an out-of-service order;(4) In violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings; or(5) In which the employee is unlawfully present in the United States.
(1) In which the employee has a driver license suspended, revoked, or cancelled by a state, has lost the privilege to operate a commercial motor vehicle in a state, or has been disqualified from operating a commercial motor vehicle;
(2) In which the employee has more than one (1) driver license. Each employer shall require the information specified in § 55-50-402(c) to be provided by the applicant;
(3) In which the driver, or the CMV the employee is driving, or the motor carrier operation, is subject to an out-of-service order;
(4) In violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings; or
(5) In which the employee is unlawfully present in the United States.
(b) (1) It is an offense for a direct employer to knowingly employ and allow a person unlawfully present in the United States to operate a commercial motor vehicle in this state.(2) It is an offense for a person who is unlawfully present in the United States to operate a commercial motor vehicle in this state if the operation of the vehicle requires the operator to be issued and possess a valid commercial driver license.(3) A violation of this subsection (b) is a Class A misdemeanor.
(1) It is an offense for a direct employer to knowingly employ and allow a person unlawfully present in the United States to operate a commercial motor vehicle in this state.
(2) It is an offense for a person who is unlawfully present in the United States to operate a commercial motor vehicle in this state if the operation of the vehicle requires the operator to be issued and possess a valid commercial driver license.
(3) A violation of this subsection (b) is a Class A misdemeanor.
(c) A law enforcement officer who arrests a person for a violation of subdivision (b)(2) shall notify the officer's law enforcement agency of the arrest, and the agency shall ensure that federal immigration authorities are notified, either through the agency's participation in the 287(g) program pursuant to the Immigration and Nationality Act (8 U.S.C. § 1357(g)) or by contacting the centralized immigration enforcement division of the department of safety, created in § 4-3-2014.
(d) Subsection (b) does not apply to a person or entity that does not employ the person operating the commercial motor vehicle and does not have the legal authority to verify employment authorization for that person.
(e) For purposes of this section:(1) “Direct employer”:(A) Means the person or entity that hires, compensates, and exercises direct supervisory control over an individual operating a commercial motor vehicle; and(B) Does not include customers, shippers, consignees, brokers, or entities that contract for transportation services, but do not directly employ the individual operating a commercial motor vehicle; and(2) “Unlawfully present in the United States” means a person who is not in lawful immigration status, as defined in 8 CFR 245.1(d), and includes:(A) A person who entered the United States without inspection and admission or parole; and(B) A person whose lawful immigration status expired or was rescinded, revoked, or otherwise terminated.
(1) “Direct employer”:(A) Means the person or entity that hires, compensates, and exercises direct supervisory control over an individual operating a commercial motor vehicle; and(B) Does not include customers, shippers, consignees, brokers, or entities that contract for transportation services, but do not directly employ the individual operating a commercial motor vehicle; and
(A) Means the person or entity that hires, compensates, and exercises direct supervisory control over an individual operating a commercial motor vehicle; and
(B) Does not include customers, shippers, consignees, brokers, or entities that contract for transportation services, but do not directly employ the individual operating a commercial motor vehicle; and
(2) “Unlawfully present in the United States” means a person who is not in lawful immigration status, as defined in 8 CFR 245.1(d), and includes:(A) A person who entered the United States without inspection and admission or parole; and(B) A person whose lawful immigration status expired or was rescinded, revoked, or otherwise terminated.
(A) A person who entered the United States without inspection and admission or parole; and
(B) A person whose lawful immigration status expired or was rescinded, revoked, or otherwise terminated.