60-4,168.01 Out-of-service order; violation; disqualification; when. - Nebraska Statutes

60-4,168.01. Out-of-serviceorder; violation; disqualification; when.(1) Except as provided in subsection (2) of this section, a personwho is convicted of violating an out-of-service order while operating a commercialmotor vehicle which is transportingnonhazardous materials shall be subject to disqualification asfollows:(a) A person shall be disqualified from operating a commercialmotor vehicle for a period of at least one hundred eighty days butno more than one year upon a court conviction for violating an out-of-serviceorder;(b) A person shall be disqualified from operating a commercialmotor vehicle for a period of at least two years butno more than five years upon a second court conviction for violating an out-of-serviceorder, which arises out of a separate incident, during any ten-year period; and(c) A person shall be disqualified from operating a commercialmotor vehicle for a period of at least three years but no more than five yearsupon a third or subsequent court conviction for violating an out-of-serviceorder, which arises out of a separate incident, during any ten-year period.(2) A person who is convicted of violating an out-of-serviceorder while operating a commercial motor vehicle whichis transporting hazardous materials required to be placarded pursuantto section 75-364 or while operating a commercial motor vehicle designed orused to transport sixteen or more passengers, including the driver, shallbe subject to disqualification as follows:(a) A person shall be disqualified from operating a commercialmotor vehicle for a period of at least one hundred eighty days but no morethan two years upon conviction for violating an out-of-service order; and(b) A person shall be disqualified from operating a commercialmotor vehicle for a period of at least three years but no more than five yearsupon a second or subsequent conviction for violating an out-of-service order,which arises out of a separate incident, during any ten-year period.(3) For purposes of this section, out-of-service order has the same meaning as in section 75-362. SourceLaws 1996, LB 323, § 5; Laws 2003, LB 562, § 17; Laws 2009, LB204, § 2.