302.756. Violation of out-of-service order by driver or employer knowing driver is in violation, civil penalties.

MISSOURI STATUTES AND CODES

302.756. Violation of out-of-service order by driver or employer knowing driver is in violation, civil penalties.

Violation of out-of-service order by driver or employer knowingdriver is in violation, civil penalties.

302.756. 1. Notwithstanding any other provision of law to thecontrary, any driver who violates or fails to comply with an out-of-serviceorder is subject to a civil penalty not to exceed an amount as determinedby the Secretary pursuant to 49 CFR Part 383, or as amended by theSecretary, in addition to disqualification as provided by law. Any civilpenalty established in this section shall not become effective and enforceduntil October 1, 1996.

2. Any employer who violates an out-of-service order, or whoknowingly requires or permits or authorizes a driver to violate or fail tocomply with an out-of-service order or to commit a railroad crossingviolation, is subject to a civil penalty not to exceed an amount asdetermined by the Secretary pursuant to 49 CFR Part 383, or as amended bythe Secretary.

3. The chief counsel to the state highways and transportationcommission shall bring an action in accordance with the procedures undersection 390.156, RSMo, to recover a civil penalty under this sectionagainst a driver who violates or fails to comply with an out-of-serviceorder, or against an employer who violates an out-of-service order orknowingly requires or permits a driver to violate or fail to comply with anout-of-service order, or both.

4. In addition to any other remedies under this section, actionsunder this section may be brought against a driver or employer who violatesor fails to comply with an out-of-service order with reference to a motorvehicle or combination of motor vehicles used in intrastate commerce whichhas a capacity of more than five passengers, excluding the driver.