Disqualification for violation of out-of-service order
Sec. 10.5. (a) Except as provided in subsection (b), and in addition
to any other penalty imposed for a violation of this chapter, the court
that imposes a judgment for violation of an out-of-service order shall
order the person receiving the judgment to be disqualified from
driving a commercial vehicle as follows:
(1) For at least ninety (90) days but not more than one (1) year,
if the judgment is the person's first judgment for violation of an
out-of-service order.
(2) For at least one (1) year but not more than five (5) years, if
the judgment is the person's second judgment for violation of an
out-of-service order during any ten (10) year period.
(3) For at least three (3) years but not more than five (5) years,
if the person has at least two (2) previous judgments for
violation of an out-of-service order during any ten (10) year
period.
(b) In addition to any other penalty imposed for a violation of this
chapter, the court that imposes a judgment upon a person because the
person violated an out-of-service order while the person was
transporting a hazardous material or while operating a commercial
motor vehicle designed or used to transport more than fifteen (15)
passengers, including the driver, shall order the person to be
disqualified from driving a commercial vehicle as follows:
(1) For at least one hundred eighty (180) days but not more than
two (2) years, if the judgment is the person's first judgment for
violation of an out-of-service order.
(2) For at least three (3) years but not more than five (5) years,
if the person has at least one (1) previous judgment for violation
of an out-of-service order that arose out of a separate incident
during any ten (10) consecutive years.
As added by P.L.88-1996, SEC.4.
Last modified: May 27, 2006