Violation of out-of-service order by driver or employer knowing driver is in violation, civil penalties
An out-of-service order means a driver or vehicle has been told to stop operating until a problem is fixed. If a driver ignores that order and keeps driving, they can be fined. If a boss tells a driver to keep driving anyway — or lets it happen — the boss can be fined too. The state can take both the driver and the employer to court to collect those fines.
302.756. Violation of by driver or employer knowing driver is in violation, . — 1. to the contrary, any driver who violates or fails to comply with an out-of-service order is subject to a not to exceed an amount as determined by the 49 Part 383, or as amended by the Secretary, in addition to as provided by law. Any civil penalty established in this section shall not become effective and enforced until October 1, 1996.
2. Any employer who violates an out-of-service order, or who requires or permits or authorizes a driver to violate or fail to comply with an out-of-service order or to commit a railroad crossing violation, is subject to a civil penalty not to exceed an amount as determined by the Secretary pursuant to 49 CFR Part 383, or as amended by the Secretary.
3. The to the shall bring an in accordance with the procedures under section 390.156 to recover a civil penalty under this section against a driver who violates or fails to comply with an out-of-service order, or against an employer who violates an out-of-service order or knowingly requires or permits a driver to violate or fail to comply with an out-of-service order, or both.
4. In addition to any other under this section, actions under this section may be brought against a driver or employer who violates or fails to comply with an out-of-service order with reference to a motor vehicle or combination of motor vehicles used in which has a capacity of more than five passengers, excluding the driver.
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Source & history notes
(L. 1995 H.B. 717, A.L. 2004 S.B. 1233, et al.) Effective 9-30-05
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.